ORS Chapter 316 — Personal Income Tax

ORS 316.852. Qualified donations and sales to educational institutions. (1) As used in this section: (a) Contribution base has the meaning given that term in section 170 of the Internal Revenue Code. (b) Educational institution means: (A) A public common or union high school district; (B) A private school that: (i) Is an organization described in section 501(c)(3) of the Internal Revenue Code; (ii) Offers education in prekindergarten, kindergarten or grades 1 through 12, or any combination of those grade levels; and (iii) Provides instructional programs that are not limited solely to dancing, drama, music, religious or athletic instruction; (C) An accredited public community college, college or university located in this state; or (D) An accredited private community college, college or university located in this state that is an organization described in section 501(c)(3) of the Internal Revenue Code. (c) Qualified donation means a transfer of a fee estate in land from a taxpayer to an educational institution without consideration of any kind given to the taxpayer by the educational institution in exchange for the land. (d) Qualified reduced sale means a transfer of a fee estate in land by a taxpayer to an educational institution for consideration paid by the educational institution that is less than the fair market value of the land at the time of transfer. (2) There shall be added to federal taxable income the amount that otherwise would be taken into account as a charitable contribution deduction for a qualified donation or a qualified reduced sale pursuant to section 170 of the Internal Revenue Code. (3) In the case of a qualified donation made by the taxpayer during the tax year, the fair market value of the qualified donation shall be subtracted from federal taxable income. (4) In the case of a qualified reduced sale made by the taxpayer during the tax year, the difference between the fair market value of the land and the sale price of the land shall be subtracted from federal taxable income. (5) Notwithstanding subsections (3) and (4) of this section, the subtraction allowed under this section may not exceed: (a) In the case of a qualified donation, 50 percent of the taxpayers contribution base for the tax year; or (b) In the case of a qualified reduced sale, 25 percent of the taxpayers contribution base for the tax year. (6) Any subtraction not allowed because of the limitations imposed under subsection (5) of this section may be carried forward and claimed as a subtraction in the next succeeding tax year. Any amount remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise until the 15th succeeding tax year, but may not be carried beyond the 15th succeeding tax year. (7) If a partnership or S corporation makes a qualified donation or qualified reduced sale during the tax year, each partner or shareholder shall be allowed a subtraction under this section in proportion to their ownership interest in the partnership or S corporation. [1999 c.358 2; 2011 c.301 3] Note: Section 6, chapter 358, Oregon Laws 1999, provides: Sec. 6. Sections 2 and 4 of this 1999 Act [316.852 and 317.488] apply to donations and reduced sales occurring in tax years beginning on or after January 1, 2000, and before January 1, 2008.