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

ORS 316.856. Severance pay; rules. (1) As used in this section: (a) Invest means to exchange cash for equity, debt, convertible debt or management responsibilities, accompanied by terms that substantiate ownership or control of an interest in a business. Invest does not mean to make a loan to a business. (b) Material participation has the meaning given that term in section 469 of the Internal Revenue Code. (c) Severance pay means funds paid to an employee upon termination of employment, other than back wages, vacation pay or sick pay. (d) Small business has the meaning given that term in ORS 183.310. (2) There shall be subtracted from federal taxable income an amount equal to severance pay that a taxpayer receives during the tax year and invests in a new or existing small business in this state if: (a) The investment occurs on or before the due date for the return for the tax year or the expiration of the extension period for filing that return, if any; (b) The investment continues for at least 24 months following termination of employment; (c) The taxpayer materially participates in the small business; (d) The taxpayer has not previously claimed a subtraction under this section; and (e) The small business is not the employer that paid the severance pay and does not have any owner in common with the employer that paid the severance pay. (3) The subtraction under this section may not exceed the lesser of: (a) The minimum balance of principal that remains invested by the taxpayer in the small business at the close of any month during the 24 months following termination of employment; or (b) $500,000. (4) If at any time the Department of Revenue determines that a taxpayer is not in compliance with any of the provisions of this section, the department shall disallow the subtraction under this section. Upon this disallowance, the department shall determine the amount of tax due absent the subtraction under this section and immediately shall collect any taxes due by reason of the disallowance. (5) The Department of Revenue shall establish by rule procedures for administering this section, including procedures for verifying the receipt of severance pay by the taxpayer.
ORS Chapter 316 — Personal Income Tax

ORS 316.857. [1989 1985 c.352 2; renumbered 316.216 in 1989]
ORS Chapter 316 — Personal Income Tax

ORS 316.859. Addition for amount deducted as qualified business income from pass-through entity. There shall be added to federal taxable income for Oregon tax purposes the amount allowable as a deduction under section 199A(a) of the Internal Revenue Code for the tax year.
ORS Chapter 316 — Personal Income Tax

ORS 316.970. Effect of chapter 493, Oregon Laws 1969. This chapter is intended to supersede any conflicting provisions of law in effect on August 22, 1969, to the extent of such conflict. [Formerly 316.802]
ORS Chapter 316 — Personal Income Tax

ORS 316.990. [1953 c.304 115; repealed by 1957 c.632 1 (314.991 enacted in lieu of 316.990 and 317.990)] PENALTIES
ORS Chapter 316 — Personal Income Tax

ORS 316.992. Penalty for filing incorrect return that is based on frivolous position or is intended to delay or impede administration; appeal. (1) The Department of Revenue shall assess a penalty of $250 against any individual who files what purports to be a return of the tax imposed by this chapter but which: (a) Does not contain information on which the substantial correctness of the self-assessment may be judged; or (b) Contains information that on its face indicates that the self-assessment is substantially incorrect. (2) A penalty may be imposed under subsection (1) of this section only if the conduct referred to in subsection (1) of this section is due to: (a) A position which is frivolous; or (b) An intention, apparent on the face of the purported return, to delay or impede the administration of the income tax laws of this state. (3) The penalty imposed under this section is in addition to any other penalty imposed by law. Any person against whom a penalty is assessed under this section may appeal to the tax court as provided in ORS 305.404 to 305.560. If the penalty is not paid within 10 days after the order of the tax court becomes final, the department may record the order and collect the amount assessed in the same manner as income tax deficiencies are recorded and collected under ORS 314.430. (4) If an assessment of tax due for the taxable year with respect to which a penalty is imposed under this section is under appeal at the same time that an appeal is filed under this subsection, the tax court may consolidate the appeals into a single proceeding. (5) As used in this section, a position which is frivolous includes, but is not limited to: (a) Reference to a spurious constitutional argument; (b) Reliance on a gold standard or war tax deduction; (c) An argument that wages or salary are not includable in taxable income; (d) An argument that the Sixteenth Amendment to the United States Constitution was not properly adopted; or (e) An argument that unenfranchised, sovereign, freemen or natural persons are not subject to the tax laws. [1987 c.843 11; 1995 c.650 39] _______________
ORS Chapter 318 — Corporation Income Tax

ORS 318.010. Short title; Department of Revenue to administer chapter. This chapter shall be known and may be cited as the Corporation Income Tax Act of 1955, and it shall be administered by the Department of Revenue.
ORS Chapter 318 — Corporation Income Tax

ORS 318.020. Imposition of tax. (1) There hereby is imposed upon every corporation for each taxable year a tax at the rate provided in ORS 317.061 upon its Oregon taxable income derived from sources within this state, other than income for which the corporation is subject to the tax imposed by ORS chapter 317 according to or measured by its Oregon taxable income. (2) Income from sources within this state includes income from tangible or intangible property located or having a situs in this state and income from any activities carried on in this state, regardless of whether carried on in intrastate, interstate or foreign commerce. (3) Income that constitutes net long-term capital gain described in ORS 317.063 shall be taxed at the rate imposed under ORS 317.063.
ORS Chapter 318 — Corporation Income Tax

ORS 318.031. Provisions in ORS chapters 305, 314, 315 and 317 incorporated into corporation income tax law. It being the intention of the Legislative Assembly that this chapter and ORS chapter 317 shall be administered as uniformly as possible (allowance being made for the difference in imposition of the taxes), ORS 305.140 and 305.150, ORS chapter 314 and the following sections are incorporated into and made a part of this chapter: ORS 315.104, 315.141, 315.156, 315.176, 315.204, 315.208, 315.213, 315.304, 315.326, 315.331, 315.336, 315.506, 315.507, 315.523, 315.533, 315.593 and 315.643 (all only to the extent applicable to a corporation) and ORS chapter 317.
ORS Chapter 318 — Corporation Income Tax

ORS 318.040. Exempt corporations. In addition to the corporations exempt from the provisions of this chapter by the incorporation in this chapter of ORS 317.080, there shall also be exempt those foreign corporations whose activities in this state are confined to purchases of personal property, and the storage thereof incident to shipment outside the state, unless such foreign corporation is an affiliate of another foreign or domestic corporation which is doing business in Oregon or is subject to this chapter. Whether or not corporations are affiliated shall be determined as provided in section 1504 of the Internal Revenue Code.
ORS Chapter 318 — Corporation Income Tax

ORS 318.060. Rules and regulations; personnel. The Department of Revenue is authorized to employ such personnel, and prescribe and prepare such rules, regulations, forms and tables as are necessary to place this chapter in operation.
ORS Chapter 318 — Corporation Income Tax

ORS 318.070. Disposition of revenue. The net revenue from the tax imposed by this chapter shall be paid over to the State Treasurer and held in the General Fund as miscellaneous receipts available generally to meet any expense or obligation of the State of Oregon lawfully incurred. A working balance of unreceipted revenue from the tax imposed by this chapter may be retained by the Department of Revenue for the payment of refunds, but such working balance shall not at the close of any fiscal year exceed the sum of $50,000.
ORS Chapter 318 — Corporation Income Tax

ORS 318.074. Disposition of revenue from tax imposed at increased rate; estimate. (1) For tax years beginning on or after January 1, 2013, and before January 1, 2017, any revenue that is received as a result of a rate of tax above 7.5 percent imposed under this chapter and that is in excess of the revenue that would be received under this chapter at a rate of 7.5 percent shall be deposited into the Oregon Rainy Day Fund established by ORS 293.144. (2) For tax years beginning on or after January 1, 2017, any revenue that is received as a result of a rate of tax above 7.2 percent imposed under this chapter and that is in excess of the revenue that would be received under this chapter at a rate of 7.2 percent shall be deposited into the Oregon Rainy Day Fund established by ORS 293.144. (3) Before the end of each biennium, beginning with the biennium ending on June 30, 2015, the Department of Revenue shall estimate the revenue described in subsection (1) or (2) of this section that is received during the biennium. An amount equal to that estimate shall be transferred into the Oregon Rainy Day Fund established by ORS 293.144 on or before June 30 of each odd-numbered year.
ORS Chapter 318 — Corporation Income Tax

ORS 318.080. [1981 c.720 20; repealed by 1993 c.730 9 (315.134 enacted in lieu of 316.084, 317.133 and
ORS Chapter 318 — Corporation Income Tax

ORS 318.085. [1991 c.859 7; repealed by 1993 c.730 27 (315.254 enacted in lieu of 316.151, 317.141 and
ORS Chapter 318 — Corporation Income Tax

ORS 318.102. [1985 c.438 6; repealed by 1993 c.730 13 (315.148 enacted in lieu of 316.098, 317.150 and
ORS Chapter 318 — Corporation Income Tax

ORS 318.104. [1985 c.521 5; repealed by 1993 c.730 17 (315.156 enacted in lieu of 316.091, 317.148 and
ORS Chapter 318 — Corporation Income Tax

ORS 318.106. ORS 317.151 as part of chapter. ORS 317.151 is incorporated into and made a part of this chapter.
ORS Chapter 318 — Corporation Income Tax

ORS 318.110. [1985 c.749 5; repealed by 1993 c.730 7 (315.104 enacted in lieu of 316.094, 317.102 and
ORS Chapter 318 — Corporation Income Tax

ORS 318.130. ORS 317.329 as part of chapter. ORS 317.329 is incorporated into and made a part of this chapter by reference.
ORS Chapter 318 — Corporation Income Tax

ORS 318.160. [1987 c.682 9; repealed by 1993 c.730 23 (315.208 enacted in lieu of 316.132, 317.114 and
ORS Chapter 318 — Corporation Income Tax

ORS 318.175. [1987 c.682 8; repealed by 1993 c.730 21 (315.204 enacted in lieu of 316.134, 317.135 and
ORS Chapter 324 — Oil and Gas Tax

ORS 324.050. Definitions. As used in this chapter, unless the context requires otherwise: (1) Department means the Department of Revenue. (2) Gas means natural gas and casinghead gas. (3) Gross value or gross sales value means the actual cash price prevailing for oil or gas of the kind, character and quality of the oil or gas subject to the tax imposed under this chapter at the time such oil or gas is produced, as determined by the department. (4) Gross production means the total volume of oil or gas extracted from a well, including oil or gas extracted but not sold. Gross production does not include the extraction from a well of any oil or gas reinjected therein for storage. (5) Produced and saved means extracted and sold, extracted and used or extracted and retained for later sale or use. (6) Oil means petroleum, crude oil, mineral oil and casinghead gas. (7) Person includes partnership, corporation, association, fiduciary, trustee and any combination of individuals. (8) Quarter and quarterly mean calendar quarters. [1981 c.889 1] IMPOSITION OF TAX
ORS Chapter 324 — Oil and Gas Tax

ORS 324.070. Imposition of tax; rate; basis of levy. (1) A privilege tax of six percent of the gross value at the well is levied upon the production of oil and gas within the State of Oregon. The gross value at the well shall be reduced by the value of any part thereof, the ownership or right to which is exempt from taxation. (2) The tax levied shall be measured by the value of the whole production, including what is commonly known as the royalty interest.
ORS Chapter 324 — Oil and Gas Tax

ORS 324.080. Exemptions of gross sales value. An exemption from the tax levied on oil or gas imposed by ORS 324.070 is granted upon the first $3,000 in gross sales value of the gross production each calendar quarter from each well.
ORS Chapter 324 — Oil and Gas Tax

ORS 324.090. State and local government interests exempt; credit of taxes imposed by state and local governments. (1) Any royalty or other interest in oil or gas owned by the state, counties, cities, towns, school districts or other municipal corporations or political subdivisions, is exempt from the gross production tax imposed by ORS 324.070. (2) There shall be allowed as a credit against taxes imposed by this chapter all ad valorem taxes imposed by the state, counties, cities, towns, school districts and other municipal corporations and political subdivisions upon any property rights attached to or inherent in the right to produce oil and gas, upon producing oil and gas leases, upon machinery, appliances and equipment used in and around any well producing oil or gas and actually used in the operation of the well, upon oil and gas produced in the state and upon any investment in any property mentioned or described in this subsection. [1981 c.889 4] COLLECTION OF TAX
ORS Chapter 324 — Oil and Gas Tax

ORS 324.110. Quarterly payment of tax; computation of prevailing cash price. (1) The gross production tax on oil or gas imposed by this chapter shall be paid on a quarterly basis. The tax shall become due on the 45th day following the preceding quarterly period on all oil or gas produced in and saved during the preceding quarterly period, and, if the tax is not paid on or before the end of the 45th day, it shall become delinquent and shall be collected as provided in this chapter. The Department of Revenue, upon request and a proper showing of the necessity therefor, may grant an extension of time, not to exceed 30 days, for paying the tax and when such a request is granted the tax shall not be delinquent until the extended period has expired. (2) On oil or gas sold at the time of production, the gross production tax shall be paid by the purchaser, and the purchaser shall and is authorized to deduct in making settlements with the producer or royalty owner, the amount of tax so paid. In the event oil on which the gross production tax becomes due is not sold at the time of production but is retained or used by the producer, the tax on the oil not so sold shall be paid by the producer, including the tax due on royalty oil not sold. In settlement with the royalty owner, the producer shall have the right to deduct the amount of the tax so paid on royalty oil or to deduct royalty oil equivalent in value at the time the tax becomes due with the amount of the tax paid. (3) The amount of gas produced and used for fuel or otherwise used in the operation of any lease or premises in the drilling for or production of oil or gas, or for repressuring, shall not be considered for the purpose of this chapter as gas actually produced and saved. (4) When oil or gas is sold at a sale price that does not represent the cash price prevailing for oil or gas of like kind, character or quality in the field from which such product is produced, the department may require the tax to be paid upon the basis of the prevailing cash price then being paid at the time of production in the field for oil, or gas of like kind, quality and character.
ORS Chapter 324 — Oil and Gas Tax

ORS 324.120. Statement by taxpayer; other required information. (1) The tax imposed by this chapter shall be paid to the Department of Revenue and the person paying the tax shall file with the department at the time the tax is required to be paid, a statement, under oath, on forms prescribed by the department, giving, with other information required, the following: (a) Full description of the property by lease name, subdivision of quarter section, section, township and range from which the oil or gas was produced; (b) The name of the producer; (c) The gross amount of the oil or gas purchased; (d) The total value of the oil or gas at the price paid, if purchased at time of production; (e) The formation from which the oil or gas is produced; and (f) The prevailing market price of oil or gas sold at time of production. (2) If a purchaser of oil or gas pays the tax, the producer of the oil or gas for which the tax is being paid shall make available to the purchaser all information required under subsection (1) of this section. In lieu of the statement, a purchaser, at time of production, may furnish a true verified copy of the regular settlement sheet in use by such purchaser, if the sheet contains all the information required.
ORS Chapter 324 — Oil and Gas Tax

ORS 324.130. Statement of producer; filing of statement. (1) Any person engaged in the production within this state of oil or gas shall, on or before the 45th day following the preceding quarterly period, file with the Department of Revenue a statement under oath, upon forms prescribed by the department, giving, along with other information required, the following: (a) The name of the property and the description by subdivision of quarter section, section, township and range; (b) The gross amount of oil or gas produced and saved; (c) The name of the purchaser and the price paid by the purchaser; and (d) The formation from which the oil or gas is produced. (2) Each report required by this section shall be filed on separate forms as to product and county.
ORS Chapter 324 — Oil and Gas Tax

ORS 324.140. Penalty for delinquent reports; report of claimed exempt royalties. (1) Reports required under ORS 324.120 and 324.130 from either the purchaser or producer, as the case may be, shall be delinquent after the last day fixed for filing, and every person required to file a report shall be subject to penalty of $25 per day for each property upon which the person fails or refuses to file a report. The penalties prescribed by this section shall be for failure to file reports and shall be in addition to the interest and penalty imposed for delinquent tax, and shall likewise constitute a lien against the assets of the person failing or refusing to file a report. The penalties prescribed under this section shall be collected in the same manner as gross production taxes and shall be deposited in the suspense account referred to in ORS 324.340. (2) When royalty is claimed to be exempt from taxation by law, the facts on which claims of exemption are based and other information as the Department of Revenue may require shall be furnished in the report.
ORS Chapter 324 — Oil and Gas Tax

ORS 324.170. Audit; interest on delinquent tax or deficiency. (1) The provisions of ORS chapters 305 and 314 as to the audit and examination of reports and returns, determination of deficiencies, assessments, claims for refund, conferences and appeals to the Oregon Tax Court, and the procedures relating thereto, shall apply to the determination of taxes, penalties and interest under this chapter, except where the context requires otherwise. (2) A delinquent tax or deficiency shall bear interest at the rate established under ORS 305.220 from the time the tax was due.
ORS Chapter 324 — Oil and Gas Tax

ORS 324.180. Notice to person liable for unpaid tax. If any person neglects or refuses to make a return required to be made by this chapter, the Department of Revenue is authorized to determine the tax due, based upon any information in its possession or that may come into its possession. The department shall give the person liable for the tax written notice by regular mail or other form of delivery of the tax and delinquency charges and the tax and delinquency charges shall be a lien from the time of production. If the tax and delinquency charges are not paid within 30 days from the mailing or delivery of the notice, the department shall proceed to collect the tax in the manner provided in ORS
ORS Chapter 324 — Oil and Gas Tax

ORS 324.190. Collection of unpaid tax. (1) If any tax imposed by this chapter, or any portion of such tax, is not paid within 30 days after the date that the written notice and demand for payment required under ORS 305.895 is mailed, the Department of Revenue shall issue a warrant for the payment of the amount of the tax, with the added penalties, interest and cost of executing the warrant. A copy of the warrant shall be mailed or otherwise delivered to the taxpayer by the department at the taxpayers last-known address. (2) At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125. After recording a warrant, the department may direct the sheriff for the county in which the warrant is recorded to levy upon and sell the real and personal property of the taxpayer found within that county, and to levy upon any currency of the taxpayer found within that county, for the application of the proceeds or currency against the amount reflected in the warrant and the sheriffs cost of executing the warrant. The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment, and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability. (3) In the discretion of the department, a warrant under this section may be directed to any agent authorized by the department to collect this tax. In the execution of the warrant the agent has the powers conferred by law upon sheriffs, but is entitled to no fee or compensation in excess of actual expenses paid in the performance of such duty. (4) Until a warrant under this section is satisfied in full, the department has the same remedies to enforce the claim for taxes against the taxpayer as if the state had a recorded judgment against the taxpayer for the amount of the tax.