reglab/housing_qa huggingface dataset:
OR Rev Stat § 314.767 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.767 - Tax on excess net passive income.

(1) If for the taxable year an S corporation has the following, then there is hereby imposed a tax on the income of such corporation for the taxable year: (a) Accumulated earnings and profits at the close of the taxable year; and (b) Gross receipts more than 25 percent of which are passive investment income. (2) The tax imposed under subsection (1) of this section shall be computed by multiplying the excess net passive income by the rate specified under ORS 317.061. (3) The tax imposed under subsection (1) shall be considered a tax imposed under ORS chapter 317 or 318, whichever is applicable, and shall be returned, estimated, assessed and collected and otherwise treated in the same manner as the tax imposed under ORS chapter 317 or 318. The allocation and apportionment of income rules of this chapter and ORS chapter 305 apply to the income subject to the tax imposed under this section. The proceeds from the tax shall be distributed in the same manner as the tax imposed under ORS chapter 317 or 318, whichever is applicable. (4) Notwithstanding subsection (6) of this section, the amount of passive investment income shall be determined by not taking into account any recognized built-in gain or loss of the S corporation for any taxable year in the recognition period. Terms used in the preceding sentence shall have the same respective meanings as when used in ORS 314.765. (5) Except for estimated and other advance tax payments, no credits shall be allowed against the tax imposed under this section. (6) To the extent applicable, the definitions, special rules and interpretations and other provisions of section 1375 of the Internal Revenue Code that relate to the measurement of excess net passive income shall apply to the tax imposed under this section. (7) Section 1375(d) shall apply to the tax imposed under this section, except that "department" shall be substituted for the word "secretary" wherever that word appears. [Formerly 314.742]
OR Rev Stat § 314.768 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.768 - S corporation or shareholder elections; rules.

(1) Subject to subsection (2) of this section, if the Internal Revenue Code requires or permits an election or revocation to be made by an S corporation, then that election or revocation shall apply for Oregon tax purposes. If the Internal Revenue Code requires or permits an election or revocation to be made by a shareholder or shareholders of an S corporation, then that election or revocation shall apply for Oregon tax purposes. (2) The Department of Revenue may adopt rules that contravene subsection (1) of this section if the election or revocation does not carry out the purposes of this chapter and ORS chapter 305, 316, 317 or 318. [Formerly 314.744]
OR Rev Stat § 314.769 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.769 - Application of sections 1377 and 1379 of Internal Revenue Code.

The definitions and special and transitional rules of sections 1377 and 1379 of the Internal Revenue Code apply for Oregon tax purposes. [Formerly 314.746]
OR Rev Stat § 314.770 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.770 - Disclosure of S corporation items to shareholder.

The Department of Revenue may disclose to the shareholder of an S corporation those items of S corporation gain, loss or other particulars relating to the S corporation that are necessary to administer the tax imposed by ORS chapter 316, 317 or 318 if the department considers the disclosure necessary to facilitate the audit of the shareholder’s income tax return. [Formerly 314.749] Note: 314.770 was added to and made a part of ORS chapter 314 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 314.771 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.771 - Recapture of LIFO benefits.

(1) Any increase in tax by reason of a recapture of LIFO benefits under section 1363(d) of the Internal Revenue Code shall be payable in four equal installments. (2)(a) The first installment shall be paid on or before the due date for the return of the tax for the last taxable year for which the corporation was a C corporation and the three succeeding installments shall be paid on or before the due date for the corporation’s return for the three succeeding taxable years. (b) For purposes of this subsection, the due date for returns shall be determined without regard to extensions. (3) Notwithstanding ORS 314.400 (7), for purposes of ORS 314.400 (7), interest on each installment that is not paid on or before the date prescribed under subsection (2) of this section for payment of that installment shall accrue only from the due date for that installment. (4) This section applies in the case of S corporation elections made after December 17, 1987. No refund or interest shall accrue to any taxpayer on account of the retroactive application under this subsection. [Formerly 314.750]
OR Rev Stat § 314.775 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.775 - Definitions for ORS 314.775 to 314.784.

As used in ORS 314.775 to 314.784: (1) "Distributive income" means the net amount of income, gain, deduction or loss of a pass-through entity for the tax year of the entity. (2) "Lower-tier pass-through entity" means a pass-through entity, an ownership interest of which is held by another pass-through entity. (3) "Nonresident" means: (a) An individual who is not a resident of this state; (b) A corporation, partnership or other business entity that has a commercial domicile, as defined in ORS 314.610, that is outside this state; or (c) A trust that is not a resident trust or qualified funeral trust under ORS 316.282. (4) "Owner" means a person that owns an interest in a pass-through entity. (5) "Pass-through entity" means any entity that is recognized as a separate entity for federal income tax purposes, for which the owners are required to report income, gains, losses, deductions or credits from the entity for federal income tax purposes. "Pass-through entity" does not include any trust except a form of trust that the Department of Revenue has determined by rule to have been established or maintained primarily for tax avoidance purposes. (6) "Upper-tier pass-through entity" means a pass-through entity that owns an interest in another pass-through entity. [2005 c.387 §1; 2009 c.33 §17]
OR Rev Stat § 314.781 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.781 - Withholding; required returns and statements; pass-through entity liability.

(1) A pass-through entity shall withhold tax as prescribed in this section if: (a) The pass-through entity has distributive income from Oregon sources; and (b) One or more owners of the entity are nonresidents and do not have other Oregon source income. (2) For each taxpayer described in subsection (1)(b) of this section who is subject to tax under ORS chapter 316, the entity shall withhold tax at the highest marginal rate applicable for the tax year under ORS 316.037. The withheld tax shall be computed based on the taxpayer’s share of the entity’s distributive income from Oregon sources for the entity’s tax year. (3) For each corporation described in subsection (1)(b) of this section, the entity shall withhold tax at the rate applicable for the tax year under ORS 317.061 and 318.020. The tax shall be computed based on the corporation’s share of the entity’s distributive income from Oregon sources for the entity’s tax year. (4) A pass-through entity that is required to withhold tax under this section shall file a withholding return or report with the Department of Revenue setting forth the share of Oregon source distributive income of each nonresident owner, the amount of tax withheld under this section and any other information required by the department. The return shall be filed with the department on the form and in the time and manner prescribed by the department. Taxes withheld under this section shall be paid to the department in the time and manner prescribed by the department. (5) A pass-through entity that is required to withhold tax under this section shall furnish a statement to each owner on whose behalf tax is withheld. The statement shall state the amount of tax withheld on behalf of the owner for the tax year of the entity. The statement shall be made on a form prescribed by the department and shall contain any other information required by the department. (6) The department shall apply taxes withheld under this section by a lower-tier pass-through entity on distributions to an upper-tier pass-through entity to the withholding required by the upper-tier pass-through entity under this section. (7) A pass-through entity is liable to the State of Oregon for amounts of tax required to be withheld and paid under this section. A pass-through entity is not liable to an owner of the pass-through entity for amounts required to be withheld under this section that were paid to the department as prescribed in this section. [2005 c.387 §3]
OR Rev Stat § 314.784 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.784 - Circumstances when pass-through entity withholding is not required; rules.

(1) A pass-through entity is not required to withhold taxes under ORS 314.781 on behalf of a nonresident owner if: (a) The nonresident owner has a share of distributive income that is less than $1,000 for the tax year of the pass-through entity; (b) Withholding is not required pursuant to a rule adopted under this section; (c) The owner makes a timely election under ORS 314.778 to have taxes on the owner’s distributive share of income paid and reported on the composite return described in ORS 314.778, and the composite return is filed by the pass-through entity; (d) The pass-through entity is a publicly traded partnership, as defined in section 7704(b) of the Internal Revenue Code, that is treated as a partnership for federal tax purposes and that agrees to file an annual information return on the form and in the time and manner prescribed by the Department of Revenue and containing the information required by the department, including but not limited to the name, address and taxpayer identification number of each person with an ownership interest in the entity that results in the person receiving Oregon source income of more than $500; or (e) The nonresident owner files an affidavit with the department, in the form and manner prescribed by the department, under which the nonresident owner agrees to allow the department and the courts of this state to have personal jurisdiction over the nonresident owner for the purpose of determining and collecting any taxes imposed under ORS chapter 316, 317 or 318 that are attributable to the nonresident owner’s distributive share of taxable income from the pass-through entity. The department may reject the affidavit if the taxpayer fails to comply with Oregon law requiring the filing of a tax return or the payment of any tax. (2) The department may adopt rules setting forth circumstances under which pass-through entities are not required to withhold taxes under ORS 314.781. [2005 c.387 §4]
OR Rev Stat § 314.805 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.805 - Department to administer and enforce laws; enforcement districts; branch offices.

The Department of Revenue shall administer and enforce the tax imposed by any law imposing tax upon or measured by net income. For this purpose the department may divide the state into districts. In each district a branch office may be established. The department may, from time to time, change the limits of such districts. [1957 c.632 §27 (enacted in lieu of 316.705 and 317.505)]
OR Rev Stat § 314.810 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.810 - Administering oaths and taking acknowledgments.

All officers empowered by law to administer oaths, the Director of the Department of Revenue and any agents, auditors and other employees as the director may designate, shall have the power to administer an oath to or take the acknowledgment of any person in respect of any return or report required by statute or the rules and regulations of the department. [1957 c.632 §29 (enacted in lieu of 316.715); 1999 c.21 §37]
OR Rev Stat § 314.815 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.815 - Rules and regulations.

The Department of Revenue may, from time to time, make such rules and regulations, not inconsistent with legislative enactments, that it considers necessary to enforce income tax laws. [1957 c.632 §30 (enacted in lieu of 316.720 and 317.505)]
OR Rev Stat § 314.835 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.835 - Divulging particulars of returns and reports prohibited.

(1) Except as otherwise specifically provided in rules adopted under ORS 305.193 or in other law, it shall be unlawful for the Department of Revenue or any officer or employee of the department to divulge or make known in any manner the amount of income, expense, deduction, exclusion or credit or any particulars set forth or disclosed in any report or return required in the administration of any local tax pursuant to ORS 305.620 or required under a law imposing a tax upon or measured by net income. It shall be unlawful for any person or entity to whom information is disclosed or given by the department pursuant to ORS 314.840 (2) or any other provision of state law to divulge or use such information for any purpose other than that specified in the provisions of law authorizing the use or disclosure. No subpoena or judicial order shall be issued compelling the department or any of its officers or employees, or any person who has acquired information pursuant to ORS 314.840 (2) or any other provision of state law to divulge or make known the amount of income, expense, deduction, exclusion or credit or any particulars set forth or disclosed in any report or return except where the taxpayer’s liability for income tax is to be adjudicated by the court from which such process issues. (2) As used in this section: (a) "Officer," "employee" or "person" includes an authorized representative of the officer, employee or person, or any former officer, employee or person, or an authorized representative of such former officer, employee or person. (b) "Particulars" includes, but is not limited to, a taxpayer’s name, address, telephone number, Social Security number, employer identification number or other taxpayer identification number and the amount of refund claimed by or granted to a taxpayer. [1957 c.632 §34 (enacted in lieu of 316.740 and 317.535); 1971 c.682 §1; 1975 c.789 §13; 1979 c.690 §1; 1993 c.726 §25; 1999 c.580 §1; 2003 c.541 §4; 2015 c.348 §15]
OR Rev Stat § 314.843 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.843 - Reporting of information to consumer reporting agency; rules.

(1) As used in this section, "consumer reporting agency" means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. (2)(a) Notwithstanding ORS 314.835, and subject to rules established by the Department of Revenue, if a taxpayer has neglected or refused to pay any tax and has not filed in good faith an appeal to the tax court within the period required by ORS 305.280 contesting the tax, the department may: (A) Report periodically to consumer reporting agencies the name of any taxpayer who is delinquent in the payment of taxes and the amount owed by the taxpayer; and (B) Otherwise make available to a consumer reporting agency upon its request information regarding the amount of delinquent taxes owed by a taxpayer. (b) The department shall provide advance notice to the taxpayer concerning the proposed reporting of information to the consumer reporting agencies. The notice must inform the taxpayer: (A) Of the amount of the tax liability that the department will report to the consumer reporting agencies; (B) That the department will continue to report the amount of tax liability owed without sending additional notice to the parties; (C) Of the taxpayer’s right to request an administrative review within 30 days after the date of the notice; and (D) Of the issues that may be considered on review. (3) The department shall report information under subsection (2) of this section only to a person that has furnished evidence satisfactory to the department that the person is a consumer reporting agency. (4) When the department has made a report to a consumer reporting agency under subsection (2) of this section, the department shall promptly notify the consumer reporting agency when the department’s records show that the taxpayer no longer owes delinquent taxes. [2009 c.640 §7]
OR Rev Stat § 314.845 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.845 - Certificate of department as evidence.

The certificate of the Department of Revenue to the effect that a tax has not been paid, that a return has not been filed or that information has not been supplied, as required by or under any law imposing a tax upon or measured by net income, shall be prima facie evidence that the tax has not been paid, that the return has not been filed or that the information has not been supplied. [1957 c.632 §36 (enacted in lieu of 316.750 and 317.545)]
OR Rev Stat § 314.850 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.850 - Statistics.

The Department of Revenue shall prepare and publish annually statistics, reasonably available, with respect to the operation of income tax laws, including amounts collected, classification of taxpayers and other facts considered pertinent and valuable. [1957 c.632 §37 (enacted in lieu of 316.755)]
OR Rev Stat § 314.855 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.855 - Rewards for information.

The Department of Revenue may pay rewards to persons, other than officers or employees of the department, furnishing information that leads to the recovery of tax from other persons guilty of violating the provisions of income tax laws. Such rewards shall not exceed 10 percent of the net amount of tax, penalty and interest recovered by suit or otherwise and shall be paid only in cases where such evasions of tax would not be disclosed by the audit of returns or from other information available to the department. [1957 c.632 §38 (enacted in lieu of 316.760 and 317.550)]
OR Rev Stat § 314.865 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.865 - Use of certain information for private benefit prohibited.

A person granted access to information described in ORS 314.835 under ORS 314.840 (2)(b) for the purpose of preparing revenue estimates shall not knowingly or intentionally use the information disclosed or the information to which access is given for any purpose if the effect of the use is private pecuniary benefit for the person or for a member of the person’s household. [1981 c.827 §2; 2013 c.36 §71] Note: 314.865 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 314 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 314.870 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.870 - Time for performing certain acts postponed by reason of service in a combat zone.

(1) Section 7508 of the Internal Revenue Code, insofar as it describes periods of time to be disregarded with respect to the performance of acts relative to federal income tax liability of an individual (or individual and spouse) who performs service in an area designated as a combat zone, or is hospitalized as a result of injury received while serving in such area, shall apply as appropriate to the same or similar acts for purposes of the tax imposed by this chapter and ORS chapter 316. (2) If an individual is entitled to the benefits of subsection (1) of this section with respect to any return and if the return is timely filed (determined after the application of subsection (1) of this section), then notwithstanding ORS 314.415 or other law, any overpayment of tax with respect to such return shall bear interest from the due date of the return (determined without the application of subsection (1) of this section). (3) If the federal income tax liability of any taxpayer is forgiven under section 692 of the Internal Revenue Code for any tax period, then the Oregon income tax liability for the same tax period shall be forgiven in the same manner. [1991 c.177 §4; 1997 c.839 §63; 1999 c.224 §10]
OR Rev Stat § 314.991 (2021)
2021 Oregon Revised Statutes|Volume : 08 - Revenue and Taxation|Chapter 314 - Taxes Imposed Upon or Measured by Net Income|Section 314.991 - Penalties.

(1) A person or an officer or employee of a corporation or a member or employee of a partnership who violates ORS 314.075 is liable to a penalty of not more than $1,000, to be recovered by the Attorney General, in the name of the state, by action in any court of competent jurisdiction, and is also guilty of a Class C felony. The penalties provided in this subsection shall be additional to all other penalties in this chapter. (2) Violation of ORS 314.835 is a Class C felony. If the offender is an officer or employee of the state the offender shall be dismissed from office and shall be incapable of holding any public office in this state for a period of five years thereafter. [1957 c.632 §39 (enacted in lieu of 316.990 and 317.990); 1971 c.682 §3; 1973 c.402 §26; 1981 c.724 §1]