justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 316 — Personal Income Tax

ORS 316.675. [1953 c.304 87; 1953 c.552 19; repealed by 1957 c.632 1 (314.470 enacted in lieu of 316.675 and 317.480)] MODIFICATIONS OF TAXABLE INCOME (Generally)
ORS Chapter 316 — Personal Income Tax

ORS 316.681. Interest or dividends to benefit self-employed or individual retirement accounts. ORS 316.680 (1)(a) shall apply to the interest or dividends described under ORS
ORS Chapter 316 — Personal Income Tax

ORS 316.685. Federal income tax deductions; accrual method of accounting required; adjustment for federal earned income credit. (1)(a) The federal income tax deduction provided by ORS 316.680 shall be as reported on the taxpayers original return and shall be computed on the accrual method of accounting. Any adjustments to the federal income tax deduction now or hereafter required by Oregon law, including but not limited to the elimination of the self-employment tax, also shall be computed and eliminated according to the accrual method of accounting. (b) For purposes of calculating the amount of the deduction for federal income taxes provided under ORS 316.680, the taxpayer shall not take into account any amount of the earned income credit provided under section 32 of the Internal Revenue Code that reduced the amount of the taxpayers federal income tax liability for the tax year. (2) If refunds or additional assessments result from an adjustment whether initiated by the federal or state government or the taxpayer after the filing of the original return by the taxpayer, any additional federal taxes shall be deductible by the Oregon taxpayer under this section in the year in which the adjustment is finally determined or paid whichever is later. In the case of a refund the tax reduction shall be added to the taxpayers income in the year in which the refund is received. (3) For purposes of this chapter, federal income tax does not include the following: (a) Taxes, contributions or other payments paid by employees in pursuance of federal laws relating to Social Security, railroad retirement, unemployment compensation or old age benefits. (b) Taxes paid pursuant to the Self-Employment Contribution Act, subtitle A, chapter 2, Internal Revenue Code.
ORS Chapter 316 — Personal Income Tax

ORS 316.687. Amount in excess of standard deduction for child, if childs income included on parents federal return; limitation. There shall be added to federal taxable income of a parent who makes an election under section 1(g)(7)(B) of the Internal Revenue Code any amount in excess of the standard deduction allowed for a child under ORS 316.695 (8) but not in excess of the amount described in section 1(g)(7)(B)(i) of the Internal Revenue Code (twice the amount in effect for the taxable year under section 63(c)(5)(A) of the Internal Revenue Code). The addition under this section shall be made for each child whose income is included in the taxable income of the parent under section 1(g)(7)(B) of the Internal Revenue Code.
ORS Chapter 316 — Personal Income Tax

ORS 316.690. Foreign income taxes. (1) Subject to subsection (2) of this section, in addition to other modifications provided in this chapter, and if a taxpayer elects to take foreign income taxes imposed for the taxable year by a foreign country as a credit on the federal income tax return or does not itemize personal deductions on the federal income tax return, there shall be subtracted from federal taxable income in the computation of state taxable income the amount of foreign income taxes imposed for the taxable year by a foreign country. (2) The deduction for foreign country income taxes provided by this section shall be limited as follows: (a) Except as provided in paragraph (b) of this subsection, the sum of foreign country income taxes deducted in computing state taxable income and the modification for federal income taxes authorized by ORS 316.680 (1)(b) as limited by ORS 316.695 (3) shall not exceed $3,000. (b) In the case of spouses in a marriage filing separate tax returns, the sum described in paragraph (a) of this subsection shall be limited to $1,500. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.697. Fiduciary adjustment. There shall be added to or subtracted from federal taxable income, as the case may be, the taxpayers share of the fiduciary adjustment determined under ORS
ORS Chapter 316 — Personal Income Tax

ORS 316.698. Subtraction for qualifying film production labor rebates. If the amount received as a labor rebate under section 1, chapter 559, Oregon Laws 2005, is included in federal taxable income for federal tax purposes, then the amount shall be subtracted from federal taxable income for purposes of determining Oregon taxable income under this chapter.
ORS Chapter 316 — Personal Income Tax

ORS 316.707. Computation of depreciation of property under federal law; applicability. (1) To the extent that the amount allowed as a deduction under section 168 of the Internal Revenue Code (Accelerated Cost Recovery System) exceeds, or is less than, the amount that would be allowed as a deduction for depreciation for the property under the federal Internal Revenue Code as amended and in effect on December 31, 1980, the difference shall be added to, or subtracted from federal taxable income, whichever is applicable. (2) The modifications required by subsection (1) of this section apply only to the differences in the computation of depreciation (reasonable allowance for exhaustion, wear, tear and obsolescence) under the Accelerated Cost Recovery System and the other methods of depreciation. Nothing in this section shall be construed to govern the eligibility of property for depreciation, or other provisions of the Internal Revenue Code which do not directly govern the computation of the deduction amount for recovery property. (3) There shall be added to federal taxable income any amount deducted under section 179 of the Internal Revenue Code (election to expense certain depreciable business assets). However, any asset with respect to which this section applies may be depreciated as otherwise provided under this chapter. (4) Income included in federal taxable income by a shareholder of an S corporation pursuant to sections 1366 to 1368 of the Internal Revenue Code shall be adjusted for purposes of determining Oregon taxable income as required by the provisions of this section. (5) This section shall not apply to property placed in service in taxable years beginning on or after January 1, 1985.
ORS Chapter 316 — Personal Income Tax

ORS 316.716. Differences in basis on federal and state return; application of federal credit. (1) Upon the taxable sale, exchange or disposition of any asset in a tax year beginning on or after January 1, 1983, federal taxable income shall be increased or decreased by an amount which will reflect one or more of the following: (a) The difference in basis which results from the difference in depreciation or cost recovery, or expense claimed under section 179 of the Internal Revenue Code, allowed or allowable on the Oregon return and that allowed or allowable on the federal return for that asset; (b) The difference in basis which results when a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of the basis of an asset, and the federal credit is not allowable for Oregon tax purposes; (c) The difference in basis as a result of any deferral of gain which has been granted under federal tax law but not under Oregon tax law or granted under Oregon law but not granted under federal law; (d) The difference in basis under federal and Oregon tax law at the time the asset was acquired; or (e) Any other differences in the basis of the asset which are due to differences between federal and Oregon tax law. (2) There shall be added to or subtracted from federal taxable income any amount necessary to carry out the purposes of subsection (1) of this section. (3) If a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of a corresponding deduction, and the federal credit is not allowable for Oregon purposes, the taxpayer shall be allowed the deduction for Oregon tax purposes.
ORS Chapter 316 — Personal Income Tax

ORS 316.737. Amount specially taxed under federal law to be included in computation of state taxable income. If a taxpayer has taken a deduction to arrive at federal taxable income for the purpose of having that income taxed in a manner different from the taxation of federal taxable income, the amount which was deducted and specially taxed shall be added to federal taxable income in the computation of state taxable income. However, if any portion of the amount added was treated as capital gain in arriving at federal taxable income, that portion shall be treated as capital gain in the computation of state taxable income.
ORS Chapter 316 — Personal Income Tax

ORS 316.738. Modification of taxable income when deferred gain is recognized as result of out-of-state disposition of property. (1) If gain is deferred upon the voluntary or involuntary disposition of property in an exchange that qualifies for deferral under section 1031 or 1033 of the Internal Revenue Code, and the property acquired in the exchange has a situs outside of this state, upon the sale or other disposition of the acquired property in a transaction in which gain or loss is recognized for federal tax purposes but is not taken into account in computing federal taxable income for Oregon tax purposes, there shall be added to federal taxable income the difference between: (a) The adjusted basis of the acquired property on the date the exchange under section 1031 or 1033 of the Internal Revenue Code was completed; and (b) The lesser of: (A) The fair market value of the acquired property on the date the exchange under section 1031 or 1033 of the Internal Revenue Code was completed; or (B) The fair market value of the acquired property on the date gain or loss from the sale or other disposition of the acquired property is recognized for federal tax purposes. (2) If the adjusted basis described in subsection (1)(a) of this section is larger than either value described in subsection (1)(b) of this section, the difference computed under subsection (1) of this section shall be subtracted from federal taxable income instead of being added to federal taxable income. (3) The Department of Revenue may require taxpayers owning property acquired in an exchange under section 1031 or 1033 of the Internal Revenue Code that has a situs outside of this state to file an annual report on the acquired property, and may adopt rules to implement reporting requirements under this section.
ORS Chapter 316 — Personal Income Tax

ORS 316.739. Deferral of deduction for certain amounts deductible under federal law. (1) There shall be added to federal taxable income for Oregon tax purposes the difference between the amount allowable as a deduction under section 108 of the Internal Revenue Code as applicable to the tax year of the taxpayer and the amount allowable as a deduction under section 108 of the Internal Revenue Code as amended and in effect on December 31, 2008, as applicable to the tax year of the taxpayer. (2) There shall be added to federal taxable income for Oregon tax purposes the difference between the amount allowable as a deduction under section 168(k) of the Internal Revenue Code as applicable to the tax year of the taxpayer and the amount allowable as a deduction under section 168(k) of the Internal Revenue Code as amended and in effect on December 31, 2008, as applicable to the tax year of the taxpayer. (3) There shall be added to federal taxable income for Oregon tax purposes the difference between the amount allowable as a deduction under section 179 of the Internal Revenue Code as applicable to the tax year of the taxpayer and the amount allowable as a deduction under section 179 of the Internal Revenue Code as amended and in effect on December 31, 2008, as applicable to the tax year of the taxpayer. (4) Amounts added to federal taxable income for Oregon tax purposes under subsections (1) to (3) of this section may thereafter be subtracted from federal taxable income for Oregon tax purposes in the tax year for which the amounts would have been allowed as a deduction on the taxpayers federal income tax return under the Internal Revenue Code as amended and in effect on December 31, 2008, as applicable to the tax year of the taxpayer. [2009 c.909 37; 2011 c.7 29] Note: Section 31, chapter 7, Oregon Laws 2011, provides: Sec. 31. ORS 316.739 and 317.301 apply to tax years beginning on or after January 1, 2009, and before January 1, 2011.
ORS Chapter 316 — Personal Income Tax

ORS 316.744. Cash payments for energy conservation. Any amount received as a cash payment for energy conservation measures under ORS 456.594 to 456.599 and 469.631 to 469.687 is exempt from the tax imposed under this chapter.
ORS Chapter 316 — Personal Income Tax

ORS 316.747. Contribution to charitable organization subject to disqualification order. (1) Except as provided in subsection (2) of this section, in addition to any other modification to federal taxable income under this chapter there shall be added to federal taxable income the amount of any charitable contribution that: (a) Is allowed as a deduction for federal tax purposes for the tax year under section 170 of the Internal Revenue Code; (b) Is attributable to a contribution to a charitable organization that is the subject of a disqualification order issued under ORS 128.760 to 128.769; and (c) Was made to the charitable organization more than 30 days after the date of Internet publication of information relating to the disqualification order under ORS 128.766. (2) Charitable contributions described in subsection (1) of this section shall not be added to federal taxable income if the taxpayer provides to the Department of Revenue a written document that the taxpayer received from the organization to which the contribution was made that: (a) Acknowledges receipt of the contribution by the organization; and (b) Does not include the disclosure required by ORS 128.763.
ORS Chapter 316 — Personal Income Tax

ORS 316.749. Dividend from domestic international sales corporation. (1) In addition to the other modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the amount of any dividend received by the taxpayer on or after January 1, 2013, from a domestic international sales corporation formed on or before January 1, 2014, and subject to the tax imposed under ORS 317.283 (2)(a). (2) As used in this section, domestic international sales corporation means a domestic international sales corporation as defined in section 992 of the Internal Revenue Code.
ORS Chapter 316 — Personal Income Tax

ORS 316.751. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.752. Definitions for ORS 316.752 to 316.771. For purposes of ORS 316.752 to 316.771: (1) A person has a severe disability if the person: (a) Has lost the use of one or more lower extremities; (b) Has lost the use of both hands; (c) Is disabled as that term is defined in section 72(m)(7) of the Internal Revenue Code, to a degree that the person is unable to engage in any substantial gainful activity; or (d) Has a physical or mental condition that limits the abilities of the person to earn a living, maintain a household or provide personal transportation for the person without employing orthopedic or medical equipment or outside help. (2) Orthopedic or medical equipment includes, but is not limited to, wheelchairs, braces, prostheses or special crutches. (3) Outside help includes, but is not limited to, unrelated individuals whom the taxpayer with a severe disability employs to keep house, maintain the house or yard, or to transport the taxpayer.
ORS Chapter 316 — Personal Income Tax

ORS 316.758. Additional personal exemption credit for persons with severe disabilities; income limitation. (1) In addition to the personal exemption credit allowed by this chapter for state personal income tax purposes, there shall be allowed an additional personal exemption credit for the taxpayer if the taxpayer: (a) Has a severe disability at the close of the taxable year; and (b) Has federal adjusted gross income that does not exceed $100,000 for the tax year. (2) The amount of the credit shall be equal to the amount allowed as the personal exemption credit for the taxpayer for state personal income tax purposes for the tax year. [Formerly 316.136; 1985 c.345 10; 1987 c.293 28; 2007 c.70 86; 2014 c.114 9; 2015 c.701 15] Note: Section 42, chapter 913, Oregon Laws 2009, provides: Sec. 42. A credit may not be claimed under ORS 316.758 for tax years beginning on or after January 1, 2028.
ORS Chapter 316 — Personal Income Tax

ORS 316.765. Additional personal exemption credit for spouse of person with severe disability; conditions. (1) An additional personal exemption credit in the same amount as allowed under ORS 316.758 for a taxpayer with a severe disability shall be allowed for the spouse of the taxpayer if a separate return is made by the taxpayer, and if the spouse: (a) Has a severe disability; (b) Has no gross income for the calendar year in which the taxable year of the taxpayer begins; and (c) Is not the dependent of another taxpayer. (2) In the case of a joint return, each spouse who has a severe disability shall be allowed the additional credit in the amount provided under ORS 316.758 if the spouse otherwise qualifies under this section. (3) For purposes of this section, the determination of whether the spouse has a severe disability shall be made as of the close of the taxable year of the taxpayer except that if the spouse dies during such taxable year such determination shall be made as of the time of the death of the spouse. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.770. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.771. Proof of status for exemption credit. Each person qualifying for the additional personal exemption credit allowed in ORS 316.758 and 316.765 may claim the credit on the personal income tax return. However, the claim shall be substantiated by a letter from a licensed physician describing the nature and extent of the physical disability. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.775. [1957 c.586 10; 1959 c.234 3; repealed by 1969 c.493 99] (Exemptions)
ORS Chapter 316 — Personal Income Tax

ORS 316.777. Income derived from sources within federally recognized Indian country exempt from tax. (1) Any income derived from sources within the boundaries of federally recognized Indian country in Oregon by any enrolled member of a federally recognized American Indian tribe residing in federally recognized Indian country in Oregon at the time the income is earned is exempt from tax under this chapter. (2) An extract from the tribal rolls or other documentary proof of the taxpayers enrolled status and other additional proofs as may be required by the Department of Revenue, shall be attached to or accompany any return for any year for which exemption under subsection (1) of this section is claimed. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.
ORS Chapter 316 — Personal Income Tax

ORS 316.778. Small city business development exemption; rules. (1) For each tax year in which a business firm receives an annual certification under ORS 285C.506, the income of the taxpayer apportionable to the certified facility of the business firm shall be exempt from tax under this chapter. (2) The income of a resident taxpayer that is exempt under this section shall be determined by: (a) Multiplying the federal taxable income of the taxpayer by the ratio of the taxpayers federal adjusted gross income derived from the business firm over the taxpayers federal adjusted gross income; and (b) Multiplying the amount determined under paragraph (a) of this subsection by the ratio of the business firms income derived from the firms activities at the certified facility over the business firms income from all business activities. (3) The income of a nonresident or part-year resident taxpayer that is exempt under this section shall be determined by: (a) Multiplying the Oregon-sourced federal taxable income of the taxpayer by the ratio of the taxpayers federal adjusted gross income derived from the business firm over the taxpayers federal adjusted gross income; and (b) Multiplying the amount determined under paragraph (a) of this subsection by the ratio of the business firms income derived from the firms activities at the certified facility over the business firms income from all business activities. (4) The Department of Revenue shall by rule prescribe a method by which a business firm determines the extent to which the firms income is derived from the firms activities at the certified facility. (5)(a) A partnership or S corporation shall report the information necessary to compute exempt income under this section to the firms owners within 30 days following the issuance of the annual certification to the partnership or S corporation under ORS 285C.506. (b) The department may permit extensions of time for reporting the information required under this subsection. (6) As used in this section: (a) Business firm has the meaning given that term in ORS 285C.500. (b) Certified facility means a facility, as defined in ORS 285C.500, for which an annual certification under ORS 285C.506 has been issued.
ORS Chapter 316 — Personal Income Tax

ORS 316.783. Amounts received for condemnation of Indian tribal lands. Amounts received as condemnation awards as a result of condemnation by the federal government of Indian tribal lands are exempt from the tax imposed by this chapter. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.785. Income derived from exercise of Indian fishing rights. Income derived from the exercise of rights of any Indian tribe to fish secured by treaty, Executive order or Act of Congress is exempt from the tax imposed by this chapter if section 7873 of the Internal Revenue Code does not permit a like federal tax to be imposed on such income.
ORS Chapter 316 — Personal Income Tax

ORS 316.787. Payments to Japanese and Aleuts under Civil Liberties Act of 1988. Amounts paid to an eligible individual (persons of Japanese ancestry and Aleut civilian residents of the Pribilof Islands and the Aleutian Islands) under section 1989b-4, Title I, or 1989c-5, Title II, of the Civil Liberties Act of 1988 (P.L. 100-383) shall be treated for purposes of this chapter as damages for human suffering and shall be exempt from the taxes imposed under this chapter.
ORS Chapter 316 — Personal Income Tax

ORS 316.788. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.794. [Formerly
ORS Chapter 316 — Personal Income Tax

ORS 316.795. Exemption for payments to tenants of manufactured dwelling parks upon termination of rental agreement. Amounts received by a taxpayer under ORS 90.645 (1) are exempt from the taxes imposed by this chapter. [2007 c.906 12] (First-time Home Buyer Savings Accounts)