reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0521 - Pass-through entity elective tax: Estimated tax; interest on underpayment of estimated tax; waiver of underpayment interest for individual members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
(a) "PTE-E tax" means the pass-through entity
			 elective tax that may be paid by an electing pass-through entity pursuant to
			 2021 Oregon Laws Chapter 589, as amended by 2022 Oregon Laws Chapter
			 82.
(b) "Electing entity" means a
			 pass-through entity that elects or plans to elect to pay the PTE-E
			 tax.
(c) "Distributive income"
			 means the income of an electing entity from Oregon sources that will be
			 distributed to members and used to calculate the PTE-E tax.
(d) "Calendar year" means a twelve-month year
			 beginning on January 1 and ending on December 31.
(e) "Tax year" means the twelve-month year
			 that an electing entity uses for accounting purposes. A tax year may be a
			 calendar year or a year that ends in a month other than December.
(f) "Required annual payment" means the total
			 amount of required estimated PTE-E tax to be paid by an electing entity for the
			 tax year for which an election will be made.
(g) "Required installment payment" means the
			 amount of the payment that is due for each of the four payment periods for the
			 calendar year for which the election will be made.
(h) "Installment period" means the portion of
			 the tax year consisting of the following months:
(A) The first installment period consists of
			 the first three months of the tax year.
(B) The second installment period consists of
			 the fourth and fifth months of the tax year.
(C) The third installment period consists of
			 the sixth, seventh, and eighth months of the tax year.
(D) The fourth installment period consists of
			 the ninth, tenth, eleventh, and twelfth months of the tax year.
(i) "Payment period" means the
			 portion of the calendar year consisting of the following months:
(A) The first payment period is January,
			 February, and March.
(B) The second
			 payment period is April and May.
(C) The third payment period is June, July,
			 and August.
(D) The fourth payment
			 period is September, October, November, and December.
(j) "Underpayment" means the excess of the
			 required installment amount over the amount paid on or before the due date for
			 that installment.
(k) "Underpayment
			 period" means the period of time that runs from the date a required installment
			 payment was due to the earlier of the due date of the PTE-E tax return (without
			 extensions) or, with respect to any portion of the underpayment, the date the
			 underpaid amount is paid.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0525 - Exceptions to Pass-through Entity Withholding Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A pass-through
			 entity may be required to withhold tax on behalf of an owner unless the owner
			 makes an election as described in OAR 150-314.778 or meets an exception
			 described in this rule.
(2) A
			 pass-through entity is not required to withhold income taxes for an owner if:
(a) The owner is an electing owner as defined
			 in OAR 150-314.775;
(b) The
			 owner's share of Oregon-source distributive income from the entity is less than
			 $1,000;
(c) The owner made
			 estimated tax payments the prior tax year based on the owner's share of
			 Oregon-source distributive income from the entity and continues to make
			 estimated tax payments for the current tax year;
(d) The entity is a publicly traded
			 partnership, as defined in Internal Revenue Code section 7704(b), that:
(A) Is treated as a partnership for federal
			 tax purposes; and
(B) Files an
			 annual information report including the nonresident's name, address, social
			 security number or taxpayer identification number, ownership percentage, and
			 share of the federal income; or
(e) The owner files with the Department of
			 Revenue a signed affidavit that contains:
(A)
			 The owner's name, address, and social security number or tax identification
			 number (i.e. federal employer identification number or Oregon business
			 identification number);
(B) The
			 entity's name and tax identification number;
(C) The entity's tax year and end date
(D) A statement that the owner
			 agrees to file the owner's Oregon income or excise tax return and make timely
			 payments of all taxes imposed with respect to the owner's share of the Oregon
			 income of the entity; and
(E)
			 Acknowledgement that the owner is subject to the jurisdiction of the State of
			 Oregon for purposes of collection of unpaid income tax, penalties, and
			 interest.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0530 - Divulging Particulars of Returns and Reports Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section applies generally to
			 deputies, agents, officers, or other employees of the Department of Revenue.
			 Disclosure of information from a taxpayer's filed return or report to a third
			 person is prohibited under this statute, it being essential to encourage
			 voluntary reporting and payment of taxes and to assure taxpayers that they will
			 not suffer any adverse consequences of being frank and honest on their return.
			 Other persons or entities having acquired information disclosed in a taxpayer's
			 filed return or report pursuant to ORS
			 314.840(2) are
			 bound by the same rules of secrecy under this section as any member of the
			 Department of Revenue and are subject to the same penalties for violation of
			 314.835.
(2) Except as provided by
			 ORS 314.840, it is illegal to
			 divulge in any manner any particular set forth or disclosed in any report or
			 return filed with the department in compliance with any law imposing a tax upon
			 or measured by net income. Penalties are those provided in ORS
			 314.991. The meaning of "any
			 particular" must be interpreted in its broadest concept to include, but not
			 necessarily limited to, such items as the taxpayer's name, address, telephone
			 number, any item or amount of income, deductions, refund amount, amount due,
			 any information entering into the computation of tax, including the tax itself,
			 or any credit or debit card number, card expiration date, personal
			 identification number, password, bank account number and routing number if that
			 information was obtained from a report or return to which ORS
			 314.835(1)
			 applies.
(3) The disclosure of
			 information from a report includes not only such reports as are required to be
			 filed with the individual's return, but any report required under a law
			 imposing a tax upon or measured by gross or net income, such as quarterly and
			 reconciliation withholding reports filed by employers. Any information obtained
			 from sources not covered by the prohibitions of ORS
			 314.835 or any other
			 confidentiality provision in any law administered by the department may be
			 released at the department's discretion, provided the information requested is
			 necessary and is to be used for lawful purposes.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.835
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0535 - Information That May Be Furnished

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Definitions
. For purposes
			 of ORS 314.840 and this rule:
(a) "Taxpayer," includes:
(A) The executor or personal representative
			 of a decedent's estate or a person who is appointed or authorized by law to pay
			 the taxes of a decedent, and a trustee or other person who, by law, must pay
			 the income taxes of a trust, and
(B) Any entity required to file a return with
			 the department.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0540 - Rewards for Information

Current through Register Vol. 63, No. 7, July 1, 2024
The Department, under the secrecy clause, ORS
				314.835, cannot reveal to an
				informer whether or not the information offered is useful to the Department,
				and the Department can make no payment of an award until the additional tax
				recovered by virtue of the information has actually been paid and received.
				Informers must be advised in advance that they must rely on the Department for
				fair treatment and have no recourse, and that payments of rewards may be long
				delayed while issues involved in determination of tax liability are finally
				resolved.
Stat. Auth.: ORS
				  305.100
Stats. Implemented:
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0545 - Combat Zone Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
The rule under OAR 150-316.789(2) shall be
				followed.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.870
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314.670-(A) - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  305.100 &
				  314.670
Stats. Implemented: ORS
				  314.670
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0733 - Partnership Pays Election After Federal Centralized Partnership Audit Adjustments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 audited partnership may elect to pay at the partnership level under ORS
			 314.733(4). The
			 election to have the partnership report adjustments and pay tax is irrevocable
			 after the due date for the election. To rescind the election prior to the due
			 date for providing notice of the election to the department, the partnership
			 must:
(a) Before the due date for the
			 election, provide written notice to the department that it is rescinding its
			 election; and
(b) Provide all
			 notices, file all reports, and pay the tax, penalty, and interest due relating
			 to a composite return as required by ORS
			 314.733(3)(a).
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0005 - Tax credit uniformity transfer provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tax credits may be transferred only by
			 the entity or individual that received the original certification.
Example 1
:
Slabs is an S
			 corporation with two owners, John and Matt who each own 50%. Slabs is the
			 recipient of the Bovine Manure credit in the amount of $1,000. As shareholders
			 of the S-corp, John and Matt each receive $500 as their flow-through share of
			 the credit. John and Matt may not transfer any amount of the credit. Only
			 Slabs, as the holder of the tax credit certification, can transfer the
			 credit.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0010 - Claim of Right Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Credit
			 qualifications. If you repaid income that was taxed in a prior year, you may be
			 eligible for a credit on your Oregon return. This rule applies to repayments
			 made on or after January 1, 2013 that are claimed on returns filed after the
			 effective date of this rule. To claim the credit, you must:
(a) Claim a federal credit or deduction under
			 Internal Revenue Code (IRC) section 1341; and
(b) Have paid Oregon tax in a prior year on
			 the income that you repaid.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0012 - Qualified Reforestation Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For credits first claimed in tax years beginning on or after January 1, 2001, a
			 credit is allowed in an amount equal to 50 percent of reforestation project
			 costs paid or incurred to reforest underproductive Oregon forest lands.
			 Qualified reforestation project costs are determined in accordance with Oregon
			 State Department of Forestry rules, chapter 629, division 023 (e.g., Oregon
			 Administrative Rules 629-023-410 to 629-023-460) and by ORS
			 315.104. Qualified project costs
			 do not include amounts paid through federal or state cost share, financial
			 assistance or other incentive programs.
(2) Subject to the credit carryover
			 provisions of ORS 305.104(5), one-half of the credit must be taken in the tax
			 year for which the Department of Forestry issues a preliminary certificate
			 certifying that certain conditions exist as stated in ORS
			 315.104(1). The
			 balance of the credit must be taken in the tax year for which the forest is
			 certified as being established.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.104
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0014 - Procedure for Claiming the Reforestation Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Department of Revenue will
			 accept the preliminary certificate issued by the Department of Forestry as
			 evidence of completion of the project. In addition to the preliminary
			 certificate, the taxpayer shall obtain a statement from the landowner or person
			 in possession of the land:
(a) That the land
			 within the project area will be used primarily for the growing and harvesting
			 of trees of an acceptable species as provided in ORS
			 315.104; and
(b) That the taxpayer is aware that
			 maintenance practices, including release, may be needed to insure that a new
			 forest is established and will remain established.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0016 - Change of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
If there is a change of ownership between when the project is
				completed and when the forest is established, only the initial owner (investor)
				will qualify for the total credit. If the forest is not established, the
				initial owner must repay the initial credit. The new owner does not qualify for
				any credit for the project the initial owner started.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.104
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0018 - Reforestation Credit: Reasons Beyond the Taxpayer's Control

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of reforestation credit, the Department of Revenue
				adopts the definition of "reasons beyond the taxpayer's control" defined in
				Department of Forestry rule OAR 629-23-420 filed 8-1-08 and certified effective
				9-1-08.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.104
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0040 - Fish Screening Device Credit; Substantiation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fish screening device credit can be
			 claimed for devices installed in tax years beginning on or after January 1,
			 1990.
(2) Upon request of the
			 department, the taxpayer shall provide a copy of the final certificate issued
			 by the State Department of Fish and Wildlife in the initial year in which the
			 credit is claimed. The taxpayer will provide a statement which contains the
			 computation of the allowed credit if this information is not contained in the
			 final certificate.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.138
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0050 - Transfer of Biomass Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 provided by ORS 315.053, a person that has
			 obtained a tax credit under ORS
			 315.141 may transfer the credit
			 to:
(a) A C corporation;
(b) An S corporation; or
(c) A personal income taxpayer.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0060 - Crop Gleaning Credit: Information Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the items listed under ORS
			 315.156(2), the
			 form may require:
(a) The social security
			 number, federal employer identification number, or phone number of the grower;
(b) Name and address to identify
			 the gleaning cooperative, food bank, or other charitable organization; or
(c) A signed statement that the
			 grower has complied with the conditions set forth under ORS
			 315.154(5)(a)-(c).
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0065 - Higher Education Savings (529) and Achieving A Better Life Experience (ABLE) account credit recapture

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 an unqualified withdrawal under ORS
			 315.653(1) is
			 made from a 529 or ABLE account, the taxpayer who received tax benefit of the
			 contribution must forfeit that benefit.
(2) To determine whether a forfeiture is
			 necessary, the amount of non-benefit contribution must be determined. The
			 amount of non-benefit contribution is the total of:
(a) Deposits into a 529 or ABLE account for
			 which no corresponding tax benefit was received and;
(b) Any interest earned in a 529 or ABLE
			 account.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0070 - Agriculture Workforce Housing Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Information.
(a) A credit is available to taxpayers who
			 construct, install, or rehabilitate housing for agricultural workers and their
			 immediate families.
(b) The credit
			 is available for agriculture workforce housing projects that are physically
			 begun on or after January 1, 1990.
(c) Depreciation and amortization expenses
			 associated with the agriculture workforce housing project are not decreased by
			 the amount of the tax credit allowed.
(d) The taxpayer's adjusted basis in the
			 housing project is not decreased by any tax credits allowed.
(e) For tax years beginning on or after
			 January 1, 2004, ORS 315.167 provides that the owner
			 or operator of agriculture workforce housing or a contributor as described in
			 ORS 315.163(6) must
			 apply to the Oregon Housing and Community Services Department (OHCSD) for a
			 letter of credit approval no later than six months after beginning an
			 agriculture workforce housing project.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0071 - Appeal from a Notice of Denial or Adjustment: Application for Agriculture Employer Overtime Tax Credit.

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 employer that applied for the Agriculture Employer Overtime Tax Credit may
			 appeal to the department if the department denies or adjusts the application
			 submitted.
(2) An appeal request
			 must be emailed to the email address provided in the Notice of Agricultural
			 Employer Overtime Tax Credit Application Denial or Notice of Agricultural
			 Employer Overtime Tax Credit Application Adjustment.
(3) An appeal must be submitted to the
			 department within 30 days of the date on the Notice of Agricultural Employer
			 Overtime Tax Credit Application Denial or Notice of Agricultural Employer
			 Overtime Tax Credit Application Adjustment. The appeal must include:
(a) The reason for the appeal, and
(b) An explanation of the disagreement,
			 and
(c) Documentation supporting
			 the employer's position.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0072 - Agricultural Employer Overtime Tax Credit Full-Time Equivalency (FTE) Calculation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. For purposes of this rule:
(a)
			 Eligible employer. A producer of crops, animals, or aquaculture that employs
			 agricultural workers directly, or indirectly through contract with a labor
			 contractor.
(b) Employee. A person
			 employed for wages or salary.
(c)
			 Farm labor contractor has the same meaning as OAR 839-015-0004.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0073 - Filing and Corrections of Agricultural Employer Overtime Credit Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Agricultural employer overtime tax credit applications must be submitted
			 electronically with the department.
(2) Corrections.
(a) An applicant may correct information
			 submitted to the department no later than January 31 following the calendar
			 year for which the applicant seeks credit.
(b) A corrected application must be submitted
			 electronically with the department.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0082 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Examples referenced are available from the
				  agency.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.204
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Attachment referenced is not included in rule text.
Click here for PDF copy of
				  table(s).
Publications: The publication(s) referred to or incorporated
				  by reference in this rule is available from the Department of Revenue pursuant
				  to ORS 183.360(2) and
				  ORS 183.355(6).
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.208
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0100 - Child Care Division Contribution Credit

Current through Register Vol. 63, No. 7, July 1, 2024
The form required by this section should not be attached to the
				tax return, but kept with the taxpayer's records. Upon audit or examination,
				the information must be made available to the department to verify any credit
				claimed under this section.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.213
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0110 - Scholarship Tax Credit

Current through Register Vol. 63, No. 7, July 1, 2024
The form required by this section should not be attached to the
				tax return, but must be kept with the taxpayer's records. Upon audit or
				examination, the information must be made available to the department to verify
				any credit claimed under this section.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.237
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0125 - Working Family Household and Dependent Care Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purposes of this
			 rule and ORS 315.264, "knowingly" means the
			 individual claimed, attempted to claim, or assisted someone else in claiming
			 the credit for an ineligible amount, acting with awareness that the individual
			 or other person was ineligible for all or a portion of the credit claimed, as
			 demonstrated by the particular facts and circumstances, including, but not
			 limited to, facts such as that the individual:
(a) Previously received the penalty
			 imposition,
(b) Previously
			 claimed, attempted to claim, or assisted someone else in claiming the credit
			 for an ineligible amount, or
(c)
			 Forged or altered documents or knew documents were forged or altered.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0140 - Pollution Control Facilities: Types of Facilities Eligible for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tax
			 relief provisions to encourage the construction of pollution control facilities
			 were first enacted by the 1967 legislature, and were substantially amended in
			 subsequent legislative sessions.
(2) Under the 1967 law (ORS
			 316.092) and the 1969 law
			 (316.097), the types of facilities eligible for certification were those a
			 substantial purpose of which was to prevent, control, or reduce air or water
			 pollution. Under the 1974 special session amendments (Chapter 37) to ORS
			 449.625 (since renumbered as
			 468.165), the types of eligible facilities were expanded to include facilities
			 which utilize solid wastes to produce a useable source of power or other item
			 of real economic value.
(3) Every
			 facility certified prior to the October 5, 1973, effective date of the 1973
			 amendments is bound by the law in effect prior to that date (see Oregon Laws
			 1973, Chapter 831, Sec. 11); except that the amendments by Chapter 37 of the
			 1974 special session are effective May 26, 1974.
(4) Under the 1977 law, facilities built on
			 or after January 1, 1977, for control of noise pollution are eligible for
			 certification. Also, the definition of a solid waste facility is expanded to
			 include certain subsequent additions, either to a facility already certified or
			 to an operation that would have qualified as a facility but for the fact that
			 it was built prior to January 1, 1973. The addition must be one that increases
			 the production or recovery of useful materials or energy over the amount
			 produced or recovered by the original facility. However, the 1977 law also sets
			 additional eligibility requirements for solid waste facilities on which
			 construction is commenced during the period January 1, 1981, up to December 31,
			 1983. These added requirements are found in ORS
			 468.170(9)(b).
(5) A 1983 amendment provided that
			 hazardous waste facilities built on or after January 1, 1984 will not be
			 required to produce a useable source of power or other item of real economic
			 value to be eligible for certification.
(6) Facilities built on or after September
			 26, 1987, that use solid waste to produce a useable source of power, are not
			 eligible for the pollution control facility credit.
Stat. Auth.: ORS
				  305.100
Stats. Implemented:
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0142 - Pollution Control Facilities: Information to be Furnished Upon Request

Current through Register Vol. 63, No. 7, July 1, 2024
Upon request of the department, each taxpayer claiming a
				pollution control facility tax credit shall provide a statement containing the
				following information for each facility:
(1) The certificate serial number assigned
			 under ORS 468.170.
(2) The computation of the amount of the tax
			 credit allowable for the tax year covered by the return. For each facility
			 show:
(a) The actual cost certified;
(b) The portion of actual cost
			 allocable to pollution control and the percentage of cost available as a credit
			 for the current year;
(c) The
			 amount of credit claimed for the current year;
(d) The total amount of credit claimed for
			 this facility on prior returns.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0144 - Pollution Control Facilities: Computation of Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For purposes of ORS
			 315.304 and this rule:
(a) "Certified cost" means that portion of
			 total costs that the Environment Quality Commission (EQC) determines is
			 allocable to a pollution control facility.
(b) "Facility" refers to one or more
			 facilities certified under one certificate, with one serial number and with the
			 same allowable percentages used in determining the certified costs and the
			 maximum allowable credit.
(c)
			 "Applicable percentage" means the percentage indicated on the certification
			 issued by the EQC for that facility.
(d) "Useful life" is the remaining years of
			 expected useful life at the time the facility is certified, but not more than
			 10 years.
(e) "Tax liability" is
			 the amount of tax that is due after any offsets or other tax credits are taken,
			 such as those permitted under ORS
			 316.082,
			 316.087,
			 316.102,
			 315.104,
			 315.354, and
			 315.324.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0148 - Pollution Control Facilities: Years in Which Credit May Be Claimed

Current through Register Vol. 63, No. 7, July 1, 2024
The credit may be claimed beginning in the tax year in which
				the facility is certified but not beyond the 10-year certification period
				provided in ORS 468.170(7),
				except as to the carry-forward credit.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.304
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0150 - Pollution Control Facilities: Transfer of Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A transferee of a facility previously
			 certified and for which tax credits had been allowed in the hands of the
			 transferor shall, in addition to the information required under OAR
			 150-315.304(1)(b), include in the statement the following:
(a) The identification of each pollution
			 control facility by the serial number issued to the transferor and the number
			 issued to the transferee.
(b) A
			 computation of the total amount of tax credit claimed as available for each
			 facility.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0152 - Pollution Control Facilities: Tax Credit Carry Forward

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The amount of pollution control facility
			 tax credit that may be carried forward to a succeeding tax year is the sum of
			 credits that exceed the tax liability, after other credits, for all prior tax
			 years that are within the carryover period.
Example
			 1 : A corporate excise taxpayer built a pollution control facility
			 in 1995 at a certified cost of $80,000. The certified percentage allocable to
			 pollution control is 50 percent and the facility has a useful life of eight
			 years. The maximum credit allowed in one tax year is calculated as follows: The
			 $80,000 certified cost is multiplied by the 50 percent allocable to pollution
			 control, yielding $40,000 as the total amount of credit to be claimed over the
			 eight year life of the facility. The $40,000 divided by eight equals $5,000,
			 the maximum yearly credit. See ORS
			 315.304(2). The
			 taxpayer claimed the maximum credit on tax returns for 1995 and 1996. On the
			 taxpayer's 1997 return, the taxpayer is subject to a corporate excise tax of
			 $1,000 that is offset by $1,000 of the pollution control facility tax credit,
			 leaving $4,000 of credit to be carried forward.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0154 - Pollution Control Facilities: Adjustment of Basis

Current through Register Vol. 63, No. 7, July 1, 2024
When computing adjusted basis for a facility certified in a tax
				year beginning before January 1, 1977, original basis is reduced by the amount
				of depreciation that was not deducted due to claiming the credit and by the
				amount of credit claimed in tax years beginning before January 1,
				1977.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  315.304
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0170 - Business Energy Tax Credit: Transfer of Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 When a facility is sold, the seller may claim a credit for the year of sale
			 prorated to the portion of the tax year that the seller owned and operated the
			 facility. The buyer also may claim a credit for the year of purchase prorated
			 to the period of ownership and operation of the facility if the buyer applies
			 for and receives a new certificate as required by ORS
			 315.354(5)(a)
			 and 469.215. If the seller's tax
			 year is not the same as the purchaser's, each taxpayer's credit is based upon
			 the portion of each taxpayer's own tax year in which that taxpayer owned the
			 facility.
Example:
Taxpayer A, a calendar year taxpayer,
				sold a certified facility to Taxpayer B on July 1. Taxpayer B is a fiscal year
				taxpayer with a tax year ending March 31. Taxpayer A's credit would be limited
				to 50 percent of a full year's credit (facility owned January 1 through June
				30). Assuming Taxpayer B applied for and received a new certificate, Taxpayer B
				would be entitled to 75 percent of a full year's credit (facility owned July 1
				through March 31).
(b) ORS
			 315.354(5)(a)
			 provides that the tax credit available to the new owner is limited to the
			 amount of credit not claimed by the former owner or, for a new lessor, the
			 amount of credit not claimed by the lessor under all previous leases.
			 Therefore, it is necessary for the seller to disclose to the buyer the amount
			 of allowable credit not yet claimed based on the original certificate holder's
			 investment in the facility.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 315 - PERSONAL INCOME TAX CREDITS › Section 150-315-0180 - Oregon Tax Credit Auctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions.
(a) "Tax Credit" means the
			 credit authorized by ORS
			 315.514 and ORS
			 315.643.
(b) "Qualified Bid" means a bid that is
			 eligible for consideration in the tax credit auction because it meets all
			 applicable statutory requirements and:
(A) It
			 is submitted in a manner and time prescribed by the department's instructions
			 and this rule;
(B) It is submitted
			 for no less than the reserve bid announced by the department for the particular
			 auction, the reserve bid amount shall be the minimum reserve amount established
			 by statute;
(C) An associated
			 payment is received by the department in the time and manner prescribed in
			 section (4).
(c)
			 "Non-qualified Bid" means a bid that is not eligible to participate in the
			 auction because it does not meet the requirements of section (1)(b) of this
			 rule.
(d) "Invalid or Insufficient
			 Payments" are payments that are:
(A) Not
			 received by the department by 5:00 p.m. (PT) on the date for payment set by the
			 department;
(B) In a form other
			 than one listed in section (4) of this rule;
(C) Fraudulent or otherwise not able to be
			 immediately banked by the department;
(D) Less than the full amount of the
			 corresponding bid received by the department; or
(E) Not submitted in a manner consistent with
			 department's instructions (including attaching the required completed
			 forms).
(e) "PT" means
			 Pacific Time (Daylight or Standard as dictated by the time of year).
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Attachment referenced is not included in rule text.
Click here for PDF copy of
				  table(s)
.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  316.007
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0006 - Application of Capital Losses and Capital Loss Carryforwards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Part-year
			 resident and nonresident returns.
(a) A
			 nonresident is allowed a capital loss or capital loss carryforward on the
			 Oregon return when attributable to Oregon sources.
(b) A part-year resident is allowed a capital
			 loss or capital loss carryforward on the Oregon return if the loss was incurred
			 while a nonresident and is attributable to Oregon sources or if the loss was
			 incurred while a resident.
(c) The
			 amount of the capital loss or capital loss carryforward that is not
			 attributable to Oregon sources may not be included as Oregon taxable income on
			 the Oregon tax return. The capital loss or capital loss carryforward not
			 attributable to Oregon sources cannot be used to reduce a capital gain
			 attributable to Oregon sources.
Example 1:
			 Taxpayer is an Arizona resident and incurs a capital loss from Oregon sources.
			 Taxpayer is allowed the capital loss to determine Oregon taxable
			 income.
Example 2: Taxpayer moves
			 to Oregon and becomes a resident as of June 1. Prior to becoming a resident,
			 taxpayer incurs a non-Oregon source capital loss of $50,000. Taxpayer is
			 allowed to deduct a $3,000 loss on the federal return. Taxpayer may not include
			 the $3,000 loss in the Oregon column on the Oregon return.
Example 3: The same scenario as example 2,
			 except taxpayer recognizes a capital gain of $70,000 as of August 1. On the
			 federal return, taxpayer offsets the $70,000 gain with the $50,000 loss for a
			 net gain of $20,000. The $50,000 loss may not be included in Oregon taxable
			 income and may not be used to offset the capital gain recognized while the
			 taxpayer was an Oregon resident.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0007 - Policy - Application of Various Provisions of the Federal Internal Revenue Code

Current through Register Vol. 63, No. 7, July 1, 2024
The policy of the State of Oregon is to follow the Internal
				Revenue Code as closely as possible relating to the computation of taxable
				income of individuals. Other areas, such as tax credits, special tax
				computations, and administrative provisions are not tied to federal law because
				they do not relate to the computation of taxable income.
(1)
Claim of right
: See
			 Chapter 1007, Oregon Laws 1999 for provisions allowing recovery of state tax
			 paid on items of income that are repaid.
(2)
Installment sale
			 reporting
: A taxpayer may report a loss on the sale of an asset for
			 federal purposes. The same sale can result in a gain at the Oregon level
			 because of differences in the basis of the asset. The taxpayer cannot use the
			 installment reporting method for federal purposes if the asset is sold at a
			 loss for federal purposes. However, for Oregon tax purposes, the taxpayer may
			 report the gain using the installment method. The difference between the loss
			 claimed on the federal return and the Oregon gain will be an adjustment on the
			 Oregon return.
(3)
Beneficiaries of a qualified
			 Subchapter S trust
. ORS
			 316.007 provides that Oregon law
			 is made identical in effect to the provisions of federal law. Under IRC section
			 1361(d)(1)(B), a beneficiary of a qualified Subchapter S trust (QSST) is
			 treated as the owner of that portion of the trust which consists of stock in an
			 S corporation with respect to which the QSST election was made. For purposes of
			 Chapter 316, the beneficiary of a qualified Subchapter S Trust (QSST) shall be
			 treated as if the beneficiary were a shareholder of the S corporation whose
			 stock is owned by the trust.
Example 1: Mr.
			 Bishop is the trustee and sole income beneficiary of the Bishop Trust, a
			 qualified Subchapter S trust. The trust owns 100 shares (15 percent) of the
			 common stock of United Lumber, an S corporation. United paid income taxes
			 during the current year to other states on income that was also taxable by
			 Oregon. Mr. Bishop, as beneficiary of the QSST, is treated as the owner of the
			 S corporation shares owned by the QSST. As such, Mr. Bishop is entitled to
			 claim a credit for taxes paid by United to other states under ORS
			 316.082.
Example 2: Ms. Johnson is a beneficiary of a
			 trust that owns shares of an S corporation. The S corporation is one of several
			 partners that own and operate a waste co-generation plant. The facility placed
			 into service equipment that qualifies for a business energy credit under ORS
			 315.354. As beneficiary of the
			 QSST, Ms. Johnson is entitled to claim the portion of the credit attributable
			 to S corporation shares owned by the trust.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0009 - Policy - Application of Various Provisions of Tax Law to Domestic Partners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions.
(a) As used in this rule,
			 "fringe benefits" means employee benefits provided to an employee's domestic
			 partner that are tax exempt when provided to an employee's spouse. Fringe
			 benefits typically include, but are not limited to:
(A) Health insurance;
(B) Tuition payments; and
(C) Tuition reduction programs.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0015 - Adoption of Federal Law

Current through Register Vol. 63, No. 7, July 1, 2024
With the adoption of the Personal Income Tax Act of 1969,
				Oregon personal income tax law was tied to the Federal Internal Revenue Code of
				1954 with certain modifications. However, there have been periods during which
				Oregon law did not automatically adopt federal law amendments and enactments.
				The most recent of these periods and the federal law date to which each
				referenced period is connected are:
(1) For the period beginning January 1, 1985,
			 Oregon personal income tax law is tied to federal law in effect, amended or
			 enacted on or before December 31, 1984 with certain technical corrections,
			 specifically Internal Revenue Code Sections 274(d) and 280F.
(2) For the period beginning January 1, 1987,
			 Oregon personal income tax law is tied to the Federal Internal Revenue Code of
			 1986, as amended on or before December 31, 1986, with certain modifications.
(3) For the period beginning
			 January 1, 1989, Oregon personal income tax law is tied to the Federal Internal
			 Revenue Code of 1986, as amended on or before December 31, 1988, with certain
			 modifications.
(4) For the period
			 beginning January 1, 1991, Oregon personal income tax law is tied to the
			 Federal Internal Revenue Code of 1986, as amended on or before December 31,
			 1990, with certain modifications.
(5) For the period beginning January 1, 1993,
			 Oregon personal income tax law is tied to the Federal Internal Revenue Code of
			 1986, as amended on or before December 31, 1992, with certain modifications.
(6) For the period beginning
			 January 1, 1995, Oregon personal income tax law is tied to the Federal Internal
			 Revenue Code of 1986, as amended on or before April 15, 1995, with certain
			 modifications.
(7) For the period
			 beginning January 1, 1997, Oregon personal income tax law is tied to the
			 Federal Internal Revenue Code of 1986 or as in effect for that tax year of the
			 taxpayer.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  316.012
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0020 - Tax Reform Act of 1984 Adjustments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any adjustments to a taxpayer's 1984
			 Oregon taxable income due to modifications required under ORS
			 316.021 shall be made using
			 either of the following methods:
(a) The
			 taxpayer may amend the 1984 Oregon tax return and include such adjustments as
			 increases or decreases to the taxpayer's 1984 Oregon taxable income; or
(b) The taxpayer may include the
			 amount computed in (C) below as an increase or decrease in the taxpayer's 1985
			 Oregon tax liability. (This method is available to taxpayers who are required
			 to file a 1985 Oregon tax return.)
(A)
			 Compute the taxpayer's 1984 Oregon tax liability without regard to the
			 adjustments required in this subsection.
(B) Compute the taxpayer's 1984 Oregon tax
			 liability with regard to the adjustments required in this subsection.
(C) Subtract the amount computed
			 in (A) from the amount computed in (B).
(D) If the amount computed in (C) is less
			 then zero then the difference computed in (C) decreases the taxpayer's 1985
			 Oregon tax liability. If the amount computed in (C) is greater than zero, then
			 the difference computed in (C) increases the taxpayer's 1985 Oregon tax
			 liability.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0025 - Definition: "Resident"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of ORS 316.027(1):
(a) "Domicile" means the place an individual
			 considers to be the individual's true, fixed, permanent home. Domicile is the
			 place a person intends to return to after an absence. A person can only have
			 one domicile at a given time. It continues as the domicile until the person
			 demonstrates an intent to abandon it, to acquire a new domicile, and actually
			 resides in the new domicile. Factors that contribute to determining domicile
			 include family, business activities and social connections.
Example 1: Ron maintains a home in Oregon and
			 works in Oregon. He purchased a summer home in Nevada and each year thereafter
			 spent about three or four months in that state. He continued to spend six or
			 seven months of each year in Oregon. He continued to maintain his home and his
			 social, club and business connections in Oregon, but established his bank
			 accounts in Nevada. The months not spent in Nevada or Oregon he spent traveling
			 in other states or countries. Ron is domiciled in Oregon and is taxed as a
			 resident of Oregon because he has not demonstrated intent to abandon his Oregon
			 domicile nor has he shown an intent to make Nevada his permanent
			 home.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0027 - Status of Individuals in a Foreign Country

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General.
For purposes of
			 ORS Chapter 316, a nonresident includes a person who is a foreign nonresident
			 as defined by this rule.
(2)
"Foreign nonresident"
			 means:
(a) An individual who is a
			 "qualified individual" under Internal Revenue Code section 911(d)(1);
			 and
(b) An individual who would be
			 considered a "qualified individual" under IRC 911(d)(1) except that the person
			 is not a U.S. citizen.
Example 1: Ricardo, a
			 citizen of Mexico, is domiciled in Oregon. He has established his tax home
			 & bona fide residence in Canada. Even though he is not a "qualified
			 individual" under IRC 911(d)(1) because he is not a U.S. citizen, he is
			 considered a foreign nonresident for Oregon tax purposes.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 316 - PERSONAL INCOME TAX GENERAL PROVISIONS › Section 150-316-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Formulas referenced are available from the
				  agency.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  316.028