justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 315 — Personal and Corporate

ORS 315.126. Certification of eligibility from State Forestry Department; notice of operation; irrevocable deed restriction; department to maintain records. (1) In order to obtain certification of eligibility from the State Forestry Department for a tax credit allowed under ORS 315.124, a small forestland owner must: (a) File, as provided in ORS 527.670, a notification of operation with the State Forester for an operating area that includes the forest conservation area for which the small forestland owner seeks a credit under ORS 315.124; (b) Indicate in the notification of operation that the small forestland owner intends to use the standard practice harvest restrictions in lieu of the small forest owner minimum option; (c) Submit to the department an application for certification under this section; and (d) Provide documentation of stumpage values and costs of appraisal to the department after filing the notification of operation and within three months after the timber harvest has been completed. (2) The State Forestry Department shall timely provide written certification to taxpayers that are eligible to claim the credit under ORS 315.124. (3) A small forestland owner that receives certification under this section must: (a) Sign and record in the deed records for the county where the eligible forest conservation area is located an irrevocable deed restriction prohibiting the owner and the owners successors in interest from conducting a harvest or otherwise removing trees within the forest conservation area for which a credit has been claimed. The deed restriction shall allow for incidental tree removal and for tree removal for public safety purposes. The deed restriction shall specify the amount of the credit and the expiration date of the harvest restriction on the forest conservation area. The State Forestry Department shall provide the small forestland owner with appropriate documentation for this purpose. (b) Maintain the written documentation of the amount certified for tax credit under this section, and the amount of credit claimed, in its records as long as any tax return remains open for years in which the credit has been claimed, and provide the written documentation to the Department of Revenue upon request. (c) Provide documentation of all costs claimed as part of the credit, including costs of appraisal and costs to file and record the deed restriction required under this section. (d) Notify any immediate successor owner of the forest conservation area of the terms of the credit and the potential obligation of successor owners to repay the amount of credit allowed upon violation of the applicable harvest restrictions as described in ORS 315.130. (4) The State Forestry Department shall: (a) Maintain in the department reporting and notice system operated under ORS 527.786 to 527.793 records of harvest restrictions applicable to certifications issued under this section. (b) Provide information to the Department of Revenue about all certifications issued under this section, if required by the Department of Revenue under ORS
ORS Chapter 315 — Personal and Corporate

ORS 315.128. Calculation of credit amount. (1) The amount of the tax credit allowed under ORS 315.124 shall be the sum of: (a) The certified stumpage value of standing timber in that portion of the forest conservation area that is not harvested as a result of using the standard practice harvest restrictions in lieu of the small forest owner minimum option, using the standard measuring techniques of professional foresters; (b) The cost to the small forestland owner of establishing the stumpage value, including the cost of appraisal performed by a professional forester, and of filing and recording a deed restriction as described in ORS 315.126 (3); and (c) If applicable, one-half of the certified stumpage value of retained timber in a dry channel area adjacent to the forest conservation area. (2) The certified stumpage value described in subsection (1)(a) of this section shall be multiplied by 125 percent if the small forestland owner: (a) Is barred from using the small forest owner minimum option by the horizontal lineal feet limitation applicable to fifth field watersheds; or (b)(A) Is operating on a parcel of land that is significantly disproportionately impacted by rules adopted under ORS 527.610 to 527.770, as determined by the State Forester; and (B) Has a federal adjusted gross income, as described in ORS 316.013, of not more than 125 percent of the Oregon median household income, as averaged over the three previous tax years. (3) The applicable stumpage values under this section shall be the values as of the date of filing a notification of operation under ORS 527.670, as described in ORS 315.126 (1)(a), and shall be calculated using one of the following methods: (a) The conversion return method, in which the volume of timber being retained is determined by species and log grades, and a value is established from current delivered log price information, less a reasonable cost for harvest and delivery, for the area in which the retained timber would ordinarily be sold. (b) The actual comparison method, which may be used if the timber being retained is similar in species and log grades to the timber being harvested, and which is calculated using actual revenues from the timber being harvested by the small forestland owner in the harvest area adjacent to the forest conservation area. (c) The cash flow modeling method, in which the value of standing timber is determined by using the projected volume of the stand over a harvest rotation based on species and site class, determining the value at harvest age and then discounting the value to the present date using an interest rate equal to the direct farm ownership loan interest rate of the Farm Service Agency of the United States Department of Agriculture. (4) Costs, including the cost of an appraisal and the cost of filing and recording a deed restriction, may be included in the credit amount only to the extent that the amount attributable to those costs is not claimed as an income tax deduction by the taxpayer.
ORS Chapter 315 — Personal and Corporate

ORS 315.130. Revocation upon timber harvest or removal of harvest restriction; liability for tax; penalties. (1) If a small forestland owner, or the owners estate, heirs or devisees, elects to conduct a timber harvest within a forest conservation area for which a tax credit has been allowed under ORS 315.124 and for which a harvest restriction has been recorded or otherwise elects to remove the harvest restriction, the certification of the credit shall be revoked and the Department of Revenue may proceed to collect any amounts not paid as a result of the credit, as provided in ORS 315.061. (2)(a) If the timber harvest or the removal of a harvest restriction that results in revocation is conducted by an owner other than the small forestland owner that originally received certification for the credit under ORS 315.126, that successor owner shall be liable for the entire amount certified for credit under ORS 315.126. Interest shall be charged at the rate established in ORS 305.220 from the date of transfer of the title to the successor owner. (b) A revocation under this subsection does not impair the right of a prior owner to claim the credit. (3) After repayment is complete, the small forestland owner shall notify the State Forestry Department of the repayment and the department shall remove the record of the harvest restriction from the department reporting and notice system operated under ORS 527.786 to 527.793. The small forestland owner shall cause the deed restriction to be removed from the county deed records. The department shall provide the small forestland owner with appropriate documentation for this purpose. (4) The small forestland owner that conducts the timber harvest shall be responsible for any penalties imposed for violations of the Oregon Forest Practices Act arising from the harvest.
ORS Chapter 315 — Personal and Corporate

ORS 315.132. Credit allowed for current certifications following repeal or expiration. If the credit allowed under ORS 315.124 is repealed, or is allowed by the Legislative Assembly to expire, taxpayers that have previously received certification shall be allowed to continue to claim the credit. Any deed restrictions associated with the credit shall be retained. [2022 c.34 6] Note: Section 7, chapter 34, Oregon Laws 2022, provides: Sec. 7. Notwithstanding ORS 315.037, section 2 of this 2022 Act [315.124] applies to all tax years beginning on or after January 1, 2023.
ORS Chapter 315 — Personal and Corporate

ORS 315.135. Calculation of credit amount. (1) The amount of credit allowed under ORS 315.133 shall be equal to a percentage of the additional wages paid as required overtime pay to agricultural workers by an eligible employer, in excess of regular pay, as set forth in subsections (2) to (5) of this section. (2) If during the calendar year the taxpayer employs more than 50 full-time equivalent employees and is not primarily engaged in the business of dairying, the following percentages of excess wages paid by the employer in a calendar year shall apply, for the following calendar years: (a) 60 percent, for 2023 or 2024. (b) 45 percent, for 2025. (c) 30 percent, for 2026. (d) 15 percent, for 2027 or 2028. (3) If during the calendar year the taxpayer employs more than 25 but not more than 50 full-time equivalent employees, or employs more than 25 full-time equivalent employees and is primarily engaged in the business of dairying, the following percentages of excess wages paid by the employer in a calendar year shall apply, for the following calendar years: (a) 75 percent, for 2023. (b) 60 percent, for 2024 or 2025. (c) 50 percent, for 2026, 2027 or 2028. (4) If during the calendar year the taxpayer employs not more than 25 full-time equivalent employees and is not primarily engaged in the business of dairying, the following percentages of excess wages paid by the employer in a calendar year shall apply, for the following calendar years: (a) 90 percent, for 2023. (b) 80 percent, for 2024 and 2025. (c) 60 percent, for 2026, 2027 and 2028. (5) If during the calendar year the taxpayer employs not more than 25 full-time equivalent employees and is primarily engaged in the business of dairying, the credit shall equal 100 percent of excess wages paid by the employer.
ORS Chapter 315 — Personal and Corporate

ORS 315.136. Notice of acknowledgment in support of credit; application. (1) In order to receive a notice of acknowledgment from the Department of Revenue in support of a tax credit allowed under ORS 315.133, a taxpayer shall submit to the department an application under this section. The application shall be made in the form and manner prescribed by the department and must be submitted by the taxpayer no later than January 31 following the calendar year for which the taxpayer seeks credit. (2) The taxpayer must include with the application required under this section the following: (a) The address and tax identification number of the taxpayer. (b) A statement by the taxpayer of the overtime hours worked and overtime wages paid, on an hourly basis, to agricultural workers employed by the taxpayer and the amount of overtime wages paid by or on behalf of the taxpayer as compensation to agricultural workers during the calendar year. The taxpayer shall provide aggregate data as to employees of the taxpayer who received overtime pay from the taxpayer and those who did not. (c) The number of the license issued under ORS 658.410 to any labor contractor used to recruit, solicit, supply or employ workers on behalf of the taxpayer, or other permit or registration numbers issued to the labor contractor. (d) If applicable, any license required under ORS 475C.065 or 571.281 or registration required under ORS 475C.792. (e) Any other information required by the department to verify the identity of the taxpayer or the potential maximum amount of credit allowed to the taxpayer under ORS 315.133. (3) Upon receipt of an application under this section, the department shall immediately allow an extension, from the next applicable due date, for filing of the taxpayers income or corporate excise tax return. (4) Not later than June 1 of the year in which the application under subsection (1) of this section is filed, the department shall issue written notice to taxpayers that meet the application requirements of this section. The notice of acknowledgment shall state the maximum amount of credit for which the taxpayer is eligible for the tax year. The credit claimed may not exceed the actual amount of excess paid as overtime wages to agricultural workers during the calendar year by the taxpayer.
ORS Chapter 315 — Personal and Corporate

ORS 315.137. Calendar year limitation on credits allowed all taxpayers. The total amount allowed for tax credits for overtime wages under ORS 315.133, as acknowledged in notices provided by the Department of Revenue under ORS 315.136, may not exceed $55 million for all taxpayers for any calendar year. If the department receives applications for the credit sufficient to exceed this amount, the department shall by rule proportionately reduce the amount of certified credits among all taxpayers applying for the credit. [2022 c.115 11] Note: Section 12, chapter 115, Oregon Laws 2022, provides: Sec. 12. Section 8 of this 2022 Act [315.133] applies to tax years beginning on or after January 1, 2023.
ORS Chapter 315 — Personal and Corporate

ORS 315.144. Transfer of biomass credit; rules. (1) A person that has obtained a tax credit under ORS 315.141 may transfer the credit to a taxpayer subject to tax under ORS chapter 316, 317 or 318. (2) A tax credit allowed under ORS 315.141 may be transferred on or before the date on which the return is due for the tax year in which the credit may first be claimed. After that date, no portion of a credit allowed under ORS 315.141 may be transferred. (3) To transfer the tax credit, the taxpayer earning the credit and the taxpayer that will claim the credit shall, on or before the date prescribed in subsection (2) of this section, jointly file a notice of tax credit transfer with the Department of Revenue. The notice shall be given on a form prescribed by the department that contains all of the following: (a) The name and address of the transferor and transferee; (b) The amount of the tax credit that is being transferred; (c) The amount of the tax credit that is being retained by the transferor; and (d) Any other information required by the department. (4) The State Department of Energy may establish by rule a minimum discounted value of a tax credit under this section. (5) The Department of Revenue, in consultation with the State Department of Energy, may by rule establish procedures for the transfer of tax credits provided by this section. [2007 c.739 3; 2009 c.909 50] Note: See note under
ORS Chapter 315 — Personal and Corporate

ORS 315.154. the quantity of the crop donated computed at the wholesale market price that the grower would have received had the quantity of the crop donated been sold or salable. (2) At the time of donation, the director, supervisor or other appropriate official of the entity to which a qualified donation is made shall supply to the grower of the crop donated two copies of a form prescribed by the Department of Revenue. The forms shall contain: (a) The name and address of the grower; (b) The description and quantity of the donated crop; (c) The signature of the director, supervisor or other appropriate official of the entity receiving the donated crop verifying that the produce was or will be distributed to children or homeless, unemployed, elderly or low-income individuals; (d) The wholesale market price; and (e) Other information required by the Department of Revenue by rule. (3) Tax claim for tax credit shall be substantiated by submission with the tax return, of the form described in subsection (2) of this section, a statement verified by the taxpayer that the qualified donation was made under circumstances described in ORS 315.154 (5) and a copy of an invoice or other statement identifying the price received by the grower for the crops of comparable grade or quality if there is a previous cash buyer. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. (4) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayers tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise, any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, but may not be carried forward for any tax year thereafter. (5)(a) A nonresident individual shall be allowed the credit computed under this section in the same manner and subject to the same limitations as the credit allowed a resident by this section. However, the credit shall be prorated using the proportion provided in ORS 316.117. (b) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the department terminates the taxpayers taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085. (c) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117. [1993 c.730 18 (enacted in lieu of 316.091, 317.148 and 318.104); 1995 c.54 5; 1999 c.21 40; 2001 c.222 2; 2014 c.115 2] Note: Section 5, chapter 913, Oregon Laws 2009, provides: Sec. 5. Except as provided in ORS 315.156 (4), a credit may not be claimed under ORS
ORS Chapter 315 — Personal and Corporate

ORS 315.155. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.156. Crop donation; forms. (1) A taxpaying individual or corporation that is a grower of a crop and that makes a qualified donation of the crop shall be allowed a credit against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, as follows: (a) In the case of a qualified donation made under circumstances described in ORS
ORS Chapter 315 — Personal and Corporate

ORS 315.160. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.163. Definitions for ORS 315.163 to 315.169. As used in ORS 315.163 to 315.169: (1)(a) Acquisition costs means the cost of acquiring buildings, structures and improvements that constitute or will constitute agriculture workforce housing. (b) Acquisition costs does not include the cost of acquiring land on which agriculture workforce housing is or will be located. (2) Agricultural worker means any person who, for an agreed remuneration or rate of pay, performs temporary or permanent labor for another in the: (a) Production of agricultural or aquacultural crops or products; (b) Handling of agricultural or aquacultural crops or products in an unprocessed stage; (c) Processing of agricultural or aquacultural crops or products; (d) Planting, cultivating or harvesting of seasonal agricultural crops; or (e) Forestation or reforestation of lands, including but not limited to the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities. (3) Agriculture workforce housing means housing: (a) Limited to occupancy by agricultural workers, including agricultural workers who are retired or disabled, and their immediate families; and (b) No dwelling unit of which is occupied by a relative of the owner or operator of the agriculture workforce housing, except in the case of a manufactured dwelling in a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803. (4) Agriculture workforce housing project means the acquisition, construction, installation or rehabilitation of agriculture workforce housing. (5) Condition of habitability means a condition that is in compliance with: (a) The applicable provisions of the state building code under ORS chapter 455 and the rules adopted thereunder; or (b) If determined on or before December 31, 1995, sections 12 and 13, chapter 964, Oregon Laws 1989. (6) Contributor means a person: (a) That acquired, constructed, manufactured or installed agriculture workforce housing or contributed money to finance an agriculture workforce housing project; or (b) That has purchased or otherwise received via transfer a credit as provided in ORS 315.169 (2). (7) Eligible costs includes acquisition costs, finance costs, construction costs, excavation costs, installation costs and permit costs and excludes land costs. (8)(a) Owner means a person that owns agriculture workforce housing. (b) Owner does not include a person that only has an interest in the agriculture workforce housing as a holder of a security interest. (9) Rehabilitation means to make repairs or improvements to a building that improve its livability and are consistent with applicable building codes. (10) Relative means a brother or sister (whether by the whole or by half blood), spouse, ancestor (whether by law or by blood), or lineal descendant of an individual. (11) Taxpayer includes a nonprofit corporation, a tax-exempt entity or any other person not subject to tax under ORS chapter 316, 317 or 318.
ORS Chapter 315 — Personal and Corporate

ORS 315.165. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.169. Agriculture workforce housing contributor credit; transfer of agriculture workforce housing owner or operator credit; continued eligibility; rules. (1) A taxpayer that is a contributor is allowed a credit against the taxes otherwise due under ORS chapter 316, if the taxpayer is a resident individual, or ORS chapter 317, if the taxpayer is a corporation, to the extent the owner or operator of agriculture workforce housing transferred all or a portion of the credit allowed to the owner or operator under ORS 315.164. (2) An owner or operator of agriculture workforce housing may transfer all or a portion of the credit allowed to the owner or operator under ORS 315.164 to one or more contributors but the amount transferred may not total more than the total credit the owner or operator may claim. The transfer must comply with ORS
ORS Chapter 315 — Personal and Corporate

ORS 315.170. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.171. Tax credit limit for biennium. The Housing and Community Services Department may approve an application under ORS 315.167 only if the potential credits of the project would not cause the total potential credits claimed under ORS 315.164 (1) for all approved applications to exceed $16.75 million within the biennium in which the application is approved.
ORS Chapter 315 — Personal and Corporate

ORS 315.175. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.180. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.184. Annual limitation on total amount of tax credits; proportionate reduction. The total amount certified by the State Department of Agriculture for tax credits for the production or collection of bovine manure under ORS 315.176 may not exceed $5 million for all taxpayers for any calendar year. If the department receives applications for the credit sufficient to exceed this amount, the department shall by rule proportionately reduce the amount of certified credits among all taxpayers applying for the credit. [2017 c.610 10; 2018 c.111 2] Note:
ORS Chapter 315 — Personal and Corporate

ORS 315.185. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.190. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.195. [Repealed by 1965 c.26 6]
ORS Chapter 315 — Personal and Corporate

ORS 315.200. [Repealed by 1965 c.26 6] CHILDREN AND FAMILIES; POVERTY RELIEF