reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0720 - Taxes Unpaid Before Approval of Senior Deferral Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Delay of
			 foreclosure is only available for real property. It is not available on
			 personal property. To qualify for delay of foreclosure, the property owner's
			 household income must not exceed the limits allowed under ORS
			 311.668 for the immediately
			 preceeding calendar year.
(2) When
			 an application for property tax deferral has been submitted and approved by the
			 department, the taxpayer is notified of that approval. If prior years' taxes on
			 the property subject to deferral remain unpaid on the date of approval, the
			 applicant may apply for a delay of foreclosure by completing the appropriate
			 application for all years in which unpaid taxes exist and submit that
			 application to the county assessor, pursuant to ORS
			 311.693.
(a) Applications are accepted for delay of
			 foreclosure only for delinquent taxes accumulated for tax years prior to the
			 tax year for which property tax deferral is sought. An applicant may have
			 several years' worth of delinquent taxes covered under one or more delays of
			 foreclosure.
(b) The delay of
			 foreclosure will remain in effect until the property is disqualified under ORS
			 311.684, even if the homestead
			 or taxpayer are inactivated from the deferral program for failure to meet one
			 or more requirements under another deferral program statute.
Example 1: The taxpayer owed delinquent
			 property taxes to the county for the 2009/10 tax year. The taxpayer first
			 applied and was approved for the deferral program in 2010. At that time, the
			 taxpayer applied for and was approved to have foreclosure delayed for the
			 2009/10 taxes. The Department of Revenue paid the 2010/11 deferred taxes to the
			 county. Then, the taxpayer failed to meet the program qualifications for tax
			 year 2011/12, and was inactivated from the deferral program, which meant that
			 the department stopped paying property taxes to the county. But the delay of
			 foreclosure for the 2009/10 taxes remained in effect, because the taxpayer and
			 the homestead were not disqualified under ORS
			 311.684. The taxpayer did not
			 pay the property taxes to the county for the 2011/12, 2012/13, and 2013/14 tax
			 years. In 2014, the taxpayer reapplied for deferral and was approved for the
			 property tax deferral program for tax year 2014/15. The taxpayer submitted and
			 was approved for another delay of foreclosure for the 2011/12, 2012/13, and
			 2013/14 taxes.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0730 - Data Requirements for Property Description on Special Assessments Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 bonding district's officer must complete the property description portion of
			 the application to include:
(a) The document
			 or instrument number;
(b) Year
			 recorded;
(c) Book and page
			 number, if applicable;
(d)
			 Assessor's account number;
(e)
			 Code area; and
(f) A description
			 of the property as follows:
(A) For a
			 property that is platted, the lot and block number and the addition name if the
			 property is in a recorded subdivision;
(B) For a property that is unplatted, a
			 description that includes township, range, section, and acres.
(C) For a manufactured structure, model year,
			 make, and home number assigned by the Building Codes Division of the Department
			 of Consumer and Business Services.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0740 - Recording Special Assessment Deferral Liens in County; Lien Constitutes Notice of State Lien

Current through Register Vol. 63, No. 7, July 1, 2024
In each county in which there is deferred property for the
				payment of any deferred special assessment for local improvement, the
				department shall cause to be recorded in the mortgage book of records of the
				county, a list of the deferred special assessment properties. The list shall
				contain a description of the property as listed on the bond lien docket
				together with the name of the owner listed thereon.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.711
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0750 - Assessment District's Responsibility to Collect Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Revenue, upon being
			 notified of the disqualification of a special assessment deferral account, will
			 confirm the deferral account balance with the assessment district.
(2) The assessment district is responsible
			 for collecting the deferred special assessment installments, along with any
			 accrued interest, lien recording and releasee fees, and forwarding those
			 amounts to the Department of Revenue. The district must remit any payment it
			 collects in full to the department no later than August 15 of the year
			 following the year of the disqualifying event or promptly after
			 receipt.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.725
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0760 - Process for Determining Recipient of Property Tax Refund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions: For the purpose of this
			 rule:
(a) "Owner of record on the tax roll"
			 means the owner or an owner of the property or each person in whose name the
			 property is assessed on the last certified tax roll.
(b) "At the time of the refund" means the
			 time at which the tax collector calculates the refund and any applicable
			 interest.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0770 - Refunds Paid from the Unsegregated Tax Account

Current through Register Vol. 63, No. 7, July 1, 2024
Refunds paid out of the unsegregated tax account provided in
				ORS 311.385 shall be drawn from the
				unsegregated tax account collections on hand for the current tax year,
				regardless of the tax year for which the refund was issued.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.806
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0780 - Credit Balance Adjustment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Credit balances of $10 or less not required to be refunded shall be adjusted
			 through creation of a category called "credit balance adjustment" per ORS
			 311.806(5).
(2) This category shall be used to adjust
			 those accounts on which the amount collected exceeds the amount owed by not
			 more than $10.
(3) This category
			 shall not impact the certified tax balance nor the collection records; it is
			 used only to eliminate the overpayment on the account.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.806
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0790 - Refund Reserve Account

Current through Register Vol. 63, No. 7, July 1, 2024
For tax years beginning on or after July 1, 1992, the
				anticipated annual refunds shall be the total dollar amount of refunds issued
				for the prior fiscal year. This amount may be increased or decreased for
				anticipated changes in appeals.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.807
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0800 - Calculation of Interest on Refund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interest on refunds is based on the
			 method the taxpayer used to pay taxes. Interest is calculated from the first
			 trimester due date if full payment, or two-thirds payment, was made with a
			 discount on or before November 15. If payments were made on the installment
			 basis, interest is calculated on the amount overpaid as of each trimester due
			 date or date of payment, whichever is later. Refund interest accrues at the
			 rate specified in ORS
			 311.812(3)
			 until paid.
(2) When the taxpayer
			 pays in full, with discount, on or before the first trimester due date,
			 interest is calculated on the amount overpaid from that date.
Example:
The 2000-01 tax statement for $4,000 was
				corrected to $400 resulting in an overpayment of tax. The original tax less
				discount was paid in full October 17, 2000. The refund on the corrected tax is
				issued February 19, 2001 and includes interest calculated from the due date,
				November 15, 2000, to the date of refund, February 19, 2001. [Table not
				included. See ED. NOTE.]
(3)
			 When the taxpayer chooses to pay in trimesters, interest is calculated on the
			 amount overpaid on each trimester due date when there is no balance on the
			 account. When there is a balance on the account in the year for which
			 overpayment occurred, the overpayment is credited to the trimester(s) still
			 outstanding. No refund interest is paid until the overpayment exceeds the total
			 amount of corrected tax.
(a) When trimester
			 payments are made timely, the overpayment is credited as follows:
Example:
The 2000-01 tax statement for $3,000 was
				corrected to $2,400. Two trimester payments were made timely. The correction is
				made March 15, 2001. [Table not included. See ED. NOTE.]
(b) When two trimester payments are made
			 after the due date and accrued interest has been calculated, the overpayment is
			 credited as follows:
Example:
The 2000-01 tax statement for $3,000 was
				corrected to $2,400. The first trimester payment was made November 20, 2000;
				the second trimester payment was made February 20, 2001; the account is
				corrected March 20, 2001. [Table not included. See ED.
				NOTE.]
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0810 - Value Used to Activate Refund Reserve Account

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 311.814 authorizes the county
				governing body to establish a reserve account when the dollar difference
				between the assessed value asserted by the taxpayer and the assessed value
				asserted by the opposing party exceeds one-fourth of one percent (.0025) of the
				total assessed value in the county. The total assessed value used in the
				calculation shall be the total assessed value in the county as contained in the
				annual report of the assessment roll to the department for the previous tax
				year as required by ORS
				309.330.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.814
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0820 - Prepayment of Ad Valorem Taxes, Computation of Accrued Interest, Allocation of Pay

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interest
			 Computation. The interest computed under ORS
			 311.860(1)(c)
			 by the assessor on the payments made under the agreements to the taxing units
			 shall be ordinary interest and not compounded. For the first year the facility
			 is allowed a reduction in real market value for the purpose of computing the
			 rate of levy, the interest shall be computed from the date of each payment to
			 the November 15th due date for the tax roll for which the first value reduction
			 is allowed. For each succeeding year, the interest shall be computed from
			 November 16th to the following November 15th and shall be computed on that
			 portion of the payments made by the facility which has not been used to fund a
			 real market value reduction.
(2)
			 Allocation of Payment to Real Market Value Reduction. Each year in which a
			 reduction of real market value is allowed, the payments made by the facility
			 and the interest accrued thereon shall each be charged to fund the reduction in
			 the proportion that each is to the combined sum existing as of November 15th.
			 The amount charged against the payment and interest shall be the gross amount
			 of the ad valorem tax which would have been extended against the value
			 reduction.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.860
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 311 - COLLECTION OF PROPERTY TAXES › Section 150-311-0830 - Determination of the Real Market Value Reduction Amount

Current through Register Vol. 63, No. 7, July 1, 2024
Each year in which a percentage value reduction is to be
				allowed, the assessor shall determine if sufficient unused moneys remain from
				the payments made by the facility to cover the amount of the reduction. This is
				to be done on the basis of multiplying the amount of assessed value represented
				by the real market value reduction by the rate percent of levy as extended on
				the most recent tax roll for each district which entered into the agreement. If
				sufficient moneys are not available to cover the agreed upon percentage
				reduction, the assessor shall reduce the percentage reduction to correspond
				with the available moneys.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  311.205
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 312 - FORECLOSURE OF PROPERTY TAX LIENS › Section 150-312-0010 - Interest Calculated to the Date of Publication

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The foreclosure publication amount
			 includes all interest accrued as of the date of publication. According to ORS
			 311.505(2),
			 interest is charged and collected at a specific rate per month, or fraction of
			 a month, until paid. This applies to all years shown in the
			 publication.
Example:
Publication date - Interest computed
				through
August 16 - September 15
August 22 - September 15
September 17 - October 15
(2) The statutes direct that foreclosure
			 proceedings begin three months after the day of delinquency of taxes of the
			 latest year (ORS 312.050(1)).
			 Newspaper publication schedules may cause the date of publication to vary. This
			 example is not meant to encourage deviation from compliance with the
			 statutes.
Example referenced is not included in rule text.
Click here for PDF copy of
				  example
.
Statutory/Other Authority: ORS
				  305.100
Statutes/Other Implemented: ORS
				  312.030
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 312 - FORECLOSURE OF PROPERTY TAX LIENS › Section 150-312-0020 - Monthly Interest Calculated on All Years in the Foreclosure Process Until Judgment Is Taken

Current through Register Vol. 63, No. 7, July 1, 2024
Interest is calculated on all years in the foreclosure process,
				from the date of publication to the date the judgment and decree is granted,
				using the rate and process outlined in ORS
				311.505(2) and
				Oregon Laws 1989, Chapter 796, Sections 10 and 22. Interest is charged and
				collected on the tax at a rate of one and one-third percent (1 1/3%) per month
				or fraction of a month until paid. To determine the amount of the additional
				interest to be included in the judgment and decree where the publication is
				late and/or judgment is granted late, the following chart provides examples of
				publication dates and the corresponding interest dates: [Chart not included.
				See ED. NOTE.] The statutes direct that foreclosure proceedings begin three
				months after the day of delinquency of taxes of the latest year (ORS
				312.050(1))
				with judgment and decree granted 30 days thereafter. Newspaper publication
				schedules may cause the date of publication to vary. This example is not meant
				to encourage deviation from compliance with the statutes.
Chart referenced is not included in rule text.
Click here for PDF copy of
				  chart
.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  312.030
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 312 - FORECLOSURE OF PROPERTY TAX LIENS › Section 150-312-0030 - Mailing of Notice of Foreclosure Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
Counties have the option to send the first-class mail notice
				prior to sending the certified mail notice, providing both notices are sent by
				August 15, or the date of application of judgment and decree, whichever is
				later.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  312.040
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 312 - FORECLOSURE OF PROPERTY TAX LIENS › Section 150-312-0040 - Five Percent Foreclosure Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
The 5 percent penalty is charged at the time the foreclosure
				list is submitted to the designated newspaper for publication. The penalty is
				not included in the published foreclosure list. The 5 percent penalty is
				computed on the total tax and interest owed. Add the tax and interest for each
				year shown on the foreclosure list, plus any additional interest that may have
				accrued since the publication, and multiply that total by 5 percent (.05) to
				determine the penalty amount. Once judgment and decree is granted, the penalty
				becomes a fixed amount calculated by multiplying the total amount shown in the
				judgment and decree by 5 percent (.05). Examples 1 & 2: [Examples not
				included. See ED. NOTE.] The statutes direct that foreclosure proceedings begin
				three months after the day of delinquency of taxes of the latest year (ORS
				312.050(1)).
				Publication requirements may cause the date of publication to vary. This
				example is not meant to encourage deviation from compliance with the
				statutes.
Examples referenced are available from the
				  agency.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  312.110
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0005 - Period of Computation of Taxable Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Rule: If the taxable year of an
			 individual, partnership, Corporation, S corporation, trust, REMIC, or other
			 taxpayer for federal income tax purposes is different than the taxable year for
			 Oregon tax purposes, the Oregon tax year shall be changed to correspond to the
			 federal tax year. In making this change or in changing from one tax year to
			 another under ORS 314.085, Treas. Reg. Section
			 1.443-1 shall be followed.
(2)
(a) Annualization of Modifications and
			 Deductions: Where annualization is required for items of income and deductions
			 under federal law, the modifications required by the provisions of ORS Chapters
			 314, 316 and 317 shall be annualized in the manner provided under Treas. Reg.
			 Section 1.443-1. Where annualization is required, an individual must itemize
			 deductions. The Oregon standard deduction is not available for such
			 individuals.
(b) Computation of
			 Personal Exemption Credit: Where a change in the taxable year results in the
			 need to file a short-year return, personal exemption credits for individuals
			 shall be prorated based on the number of months in the short year. The credit
			 shall equal the dollar amount allowed pursuant to ORS
			 316.085 multiplied by the number
			 of months in the short year divided by twelve.
(c) Computation of Oregon Tax Credits. Where
			 a change in the taxable year results in the need to file a short-year return,
			 and the taxpayer is entitled to an Oregon tax credit, the credit shall be
			 allowed on each short-year return. The taxpayer shall not be required to
			 annualize tax credits unless the credits are based on income. The taxpayer
			 shall not be required to prorate tax credits unless required by the provisions
			 of ORS 316.117 for nonresidents and
			 part-year residents. A partner in a partnership or a shareholder in an S
			 corporation is entitled to their pro rata share of any Oregon tax credit
			 claimed on a short-year return filed by the partnership or the S
			 corporation.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0010 - Mitigation of Effect of Limitations and Other Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules shall apply:
(1) For determinations made on or before
			 December 31, 1970, regulations promulgated prior to December 31, 1970, for ORS
			 314.110,
			 314.120 and
			 314.130 shall apply.
(2) For determinations made after December
			 31, 1970, paragraph (3) of this rule shall apply.
(3) Since the purpose of ORS
			 314.105 to
			 314.135 is to follow as closely
			 as possible the provisions of subtitle A, chapter 1, subchapter Q, Part II of
			 the Internal Revenue Code, dealing with the mitigation or affect of limitations
			 and other Provisions, federal regulations under sections
			 1311 to
			 1314 of the Internal Revenue Code
			 are persuasive authority in the interpretation of the Oregon law.
(4) Mitigation is not available solely due to
			 a refund or deficiency arising as a result of a change in accounting
			 method.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.105
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0012 - Determination by Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 General: A determination may take the form of an agreement made pursuant to
			 this section. Such an agreement is intended to provide an expeditious method
			 for obtaining an adjustment under ORS
			 314.105 to
			 314.135 and for offsetting
			 deficiencies and refunds whenever possible. It shall not, in itself, establish
			 the tax liability for the open year to which it relates, but it shall state the
			 amount of tax for that year, as then determined. The tax may be the amount
			 shown on the return as filed, or it may take into account any changes which
			 have been made, or which are being made by documents executed concurrently with
			 execution of the agreement.
(2)
			 Contents of Agreement: An agreement under this section shall contain:
(a) A heading indicating that it is made
			 pursuant to ORS 314.105(1)(d);
(b) A statement of tax liability
			 for the open year, including reference to any document concurrently executed by
			 which the tax liability is established or altered;
(c) A concise statement of the material facts
			 with respect to the item that was erroneously treated in the closed year;
(d) A statement of how the item
			 involved was treated in computing the tax liability set forth in the agreement;
			 and
(e) A statement of the amount
			 of the adjustment with respect to the erroneous prior treatment and any related
			 adjustments.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0025 - Pollution Control Facilities: Revocation of Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
Upon receipt of notice of revocation of a certificate, the
				Department shall issue a statement to the taxpayer of the amount of unpaid
				taxes due, together with interest from the time the taxes would have been due
				if the tax relief had not been granted. If, within 30 days of the date of such
				statement, the amount is not paid or protest received as to the accuracy of the
				billing, warrants will be issued pursuant to ORS
				314.430, and such other
				collection procedures will be instituted as provided by law and deemed
				necessary by the Department.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.255
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0027 - Pollution Control Facilities: Facilities Not Eligible for Tax Credit

Current through Register Vol. 63, No. 7, July 1, 2024
Pollution control facilities, other than resource recovery
				facilities, constructed by or for the use of a governmental agency or public
				corporation, do not qualify for the tax credit, even if such a facility is
				subsequently acquired by a taxpayer and used for pollution control in a manner
				otherwise eligible for tax credit or tax exemption.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.255
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0035 - Formula for Apportionment of Lobbying Expenses Subject to Proxy Tax

Current through Register Vol. 63, No. 7, July 1, 2024
The amount of lobbying expenses subject to the proxy tax under
				section 6033(e) of the
				Internal Revenue Code shall be apportioned to Oregon by multiplying the
				expenses by a fraction, the numerator of which is the amount of dues or other
				similar amounts received by the organization from Oregon residents during the
				tax year, and the denominator of which is the amount of all such amounts
				received during the tax year.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.256
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0040 - Withholding on Real Property Conveyances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of ORS
			 314.258 and this rule:
(a) "Authorized agent" does not include an
			 employee of a transferee who merely makes payments to a transferor in
			 connection with a conveyance, nor a person who performs services such as
			 inspections, appraisals, drafting services, and recording services performed
			 for the benefit of a transferor or transferee in a conveyance.
(b) "Consideration" includes any encumbrance
			 that the transferee agrees to pay or assume as well as the fair market value of
			 any property conveyed or transferred to a transferor, or the fair market value
			 of any service provided to a transferor.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0045 - REMIC Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A real estate mortgage investment conduit (REMIC) receiving
				income from prohibited transactions, must file an Oregon Form 20-I and a copy
				of the complete federal return, including a Schedule Q (Notice to Residual
				Interest Holder of REMIC Income or Loss) for each residual interest holder. A
				REMIC must file an Oregon return only for tax years with income from prohibited
				transactions.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.260
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0047 - REMIC Income Taxable to Nonresidents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regular Interests.
(a) In general, dividends, interest,
			 royalties, and other income from the use or ownership of intangible personal
			 property used in a trade or business is includable in the taxable income of a
			 nonresident if such property has a business situs in Oregon pursuant to ORS
			 316.127 and the rules
			 thereunder.
(b) The income of a
			 nonresident holder of a regular interest in a real estate mortgage investment
			 conduit (REMIC) must be considered income from intangible personal property and
			 subject to the provisions of ORS
			 316.127 and the corresponding
			 rules. Thus, income attributable to regular interests in a REMIC will be
			 taxable to nonresidents only if the taxpayer's regular interest has acquired a
			 business situs in Oregon.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0055 - Change in Methods of Accounting or Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
A taxpayer's method of accounting for state income tax purposes
				must be the same as for federal tax purposes and it must clearly reflect the
				taxpayer's income. If the taxpayer's method of accounting does not clearly
				reflect the taxpayer's income, the department shall compute the taxpayer's
				taxable income in a manner consistent with the Treasury Regulations set forth
				under Internal Revenue Code Sections 446 through 483.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  305.276
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0060 - Election to Use Alternative Apportionment Weightings by Taxpayers Engaged in Utilities or Telecommunications; Revocation of Election

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A taxpayer engaged in utilities or
			 telecommunications as defined in ORS
			 314.280(3)(e)(A) and
			 (B) may elect to use the double-weighted
			 sales apportionment factor weightings in ORS
			 314.650 (1999 Edition).
(2) This election is made by
			 completing schedule AP using the double-weighted sales apportionment factor
			 weightings on the original or amended tax return for each tax year for which
			 the election is made to use the alternative factor weightings. For processing
			 purposes check the appropriate box in the information section.
(3) A taxpayer may revoke the election to use
			 the double-weighted sales apportionment factor weightings. This revocation is
			 made by completing schedule AP using the single-sales apportionment factor on
			 the original tax return.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.280
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0062 - Apportionment and Allocation of Income of Financial Organizations and Public Utilities from Business Activities Within and Without Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The several parts of OAR 150-314.280, as
			 amended in 1965 and thereafter, shall apply for all tax years beginning on and
			 after January 1, 1965. Apportionment of income for tax years beginning prior to
			 January 1, 1965, shall be governed by the law and rules in effect with respect
			 to such years.
(2) The provisions
			 of ORS 314.650, as amended in 1989 and
			 thereafter incorporated in the several parts of OAR 150-314.280, apply to all
			 tax returns of financial organizations and public utilities for all tax years
			 beginning on or after January 1, 1991.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.280
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0064 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 of "apportionable income," "commercial domicile," "compensation," "financial
			 organization," "nonapportionable income," "public utility," "sales," and
			 "state," contained in ORS
			 314.610 and the related rules
			 are by this reference incorporated herein and made a part of this OAR
			 150-314-0064.
(2) "Taxpayer" means
			 a financial organization or a public utility.
Statutory/Other Authority: ORS
				  305.100
Statutes/Other Implemented: ORS
				  314.280
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0066 - Apportionment and Allocation of Income Generally

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR 150-314.615-(A) to 150-314.615-(E),
				150-314.620-(A) to 150-314.620-(C), 150-314.640 and ORS
				314.650 are by this reference
				incorporated herein and made a part of this OAR 150-314.280-(C).
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.280
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0068 - Allocation of Income

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of ORS
				314.625 to
				314.645, inclusive, are by this
				reference incorporated herein and made a part of this OAR
				150-314.280-(D).
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.280
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0070 - Apportionment Factors Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Apportionable income is apportioned to this state by use of the formula
			 provided in ORS 314.650 as it applies to the tax
			 year involved or the formula provided in ORS
			 314.280(3)(b)
			 for qualifying utilities. For tax years beginning on or after July 1, 2005, ORS
			 314.650 provides for
			 apportionment using only the sales factor.
(2) For purposes of the sales factor as used
			 in OAR 150-314-0074 through -0084, "sales" means all gross receipts and
			 revenues included in the taxpayer's apportionable income.
(3) For financial organizations, the three
			 factors are modified as provided in OAR 150-314-0088.
(4) Title insurance companies and health care
			 service contractors are not classed as "domestic insurers" under ORS
			 317.010(11) and
			 so may not apportion their income under ORS
			 317.660. These companies must
			 apportion their income under the provisions of ORS
			 314.610 to
			 314.665, except that "sales"
			 includes "gross premium receipts."
(5) For public utilities (other than carriers
			 of freight or passengers), companies engaged in sea transportation services,
			 and companies engaged in interstate river transportation, the three factors are
			 property, payroll, and sales.
(6)
			 For companies engaged in sea transportation services and companies engaged in
			 interstate river transportation, the three factors are modified property,
			 payroll, and sales.
(7) For
			 carriers of freight or passengers, the three factors are modified property,
			 payroll, and sales. Modified factors for such carriers, sea transportation
			 companies, and interstate river transportation companies are contained in OAR
			 150-314-0074 through 150-314-0084.
Statutory/Other Authority: ORS
				  305.100 &
				  314.280
Statutes/Other Implemented: ORS
				  314.280
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0072 - Apportionment Factors

Current through Register Vol. 63, No. 7, July 1, 2024
Property factor. Unless otherwise provided by rule, the
				provisions of ORS 314.655 and the rules pertaining
				thereto, are by this reference incorporated herein and made a part of this OAR
				150-314.280-(F). Payroll factor. Unless otherwise provided by rule, the
				provisions of ORS 314.660 and the rules pertaining
				thereto, are by this reference incorporated herein and made a part of this
				150-314.280-(F). Sales factor. Unless otherwise provided by rule, the
				provisions of ORS 314.665 and the rules pertaining
				thereto, are by this reference incorporated herein and made a part of this OAR
				150-314.280
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  314.280
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0074 - Modified Factors for Carriers of Freight or Passengers: General Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Apportionable
			 income is apportioned to this state by use of the formula provided in ORS
			 314.650 as it applies to the tax
			 year involved. For tax years beginning on or after July 1, 2005, ORS
			 314.650 provides for
			 apportionment using only the sales factor.
(2) A substantial portion of the net income
			 of taxpayers engaged in the transportation of freight or passengers within and
			 without Oregon results from the movement of revenue-producing equipment,
			 drivers, and other personnel. It is therefore necessary in calculating the
			 apportionment factor of such carriers to reflect the results of the movement of
			 such equipment and personnel by using revenue miles traveled both within and
			 without the state. Thus, the apportionment formula of such transportation
			 companies is to be computed as follows in tax years beginning before July 1,
			 2005:
(a) Tangible Property. Fixed
			 properties, such as buildings and land used in the business, shop equipment,
			 and cars and trucks used in gathering or delivering local freight, are assigned
			 to the state in which such properties are located. The value of trucks or other
			 equipment used in over-the-road hauling or other transportation is assigned to
			 this state on a revenue miles basis. For example, if ten percent of a
			 taxpayer's revenue miles are in Oregon, then ten percent of the value of the
			 revenue-producing equipment is included as part of the Oregon property
			 factor.
(b) Payroll. The wages and
			 salaries of employees assigned to fixed locations within this state are
			 included in the Oregon payroll factor. The wages of over-the-road or other
			 transportation equipment are assigned to this state upon the basis of revenue
			 miles. The wages of such personnel are apportioned to Oregon in the proportion
			 that revenue miles traveled within this state bear to total revenue miles
			 traveled everywhere.
(c) Sales.
			 Sales are assigned to this state in the proportion that the revenue miles
			 traveled within the state bear to the total revenue miles traveled
			 everywhere.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0078 - Modified Factors for Carriers of Freight or Passengers: Special Rules - Airlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 General. Where an airline has income from sources both within and without this
			 state, the amount of apportionable income from sources within this state is
			 determined pursuant to ORS
			 314.610 to
			 314.665 except as modified by
			 this rule.
(2) Apportionment of
			 Apportionable Income. Apportionable income is apportioned to this state by use
			 of the formula provided in ORS
			 314.650 as it applies to the tax
			 year involved. For tax years beginning on or after July 1, 2005, ORS
			 314.650 provides for
			 apportionment using only the sales factor.
(a) General Definitions. The following
			 definitions are applicable to the terms used in the apportionment factor
			 descriptions.
(A) "Value" of owned real and
			 tangible personal property means its original cost. (ORS
			 314.655 and OAR
			 150-314-0398)
(B) "Cost of aircraft
			 by type" means the average original cost or value of aircraft by type which are
			 ready for flight.
(C) "Original
			 cost" means the initial federal tax basis of the property plus the value of
			 capital improvements to such property, except that, for this purpose, it is
			 assumed that Safe Harbor Leases are not true leases and do not affect the
			 original initial federal tax basis of the property.
(D) "Average value" of property means the
			 amount determined by averaging the values at the beginning and ending of the
			 income year, but the department may require the averaging of monthly values
			 during the income year if such averaging is necessary to properly reflect the
			 average value of the airline's property. (ORS
			 314.655 and OAR
			 150-314-0406)
(E) The "value" of
			 rented real and tangible personal property means the product of eight (8) times
			 the net annual rental rate. (ORS
			 314.655 and OAR
			 150-314-0400)
(F) "Net annual
			 rental rate" means the annual rental rate paid by the taxpayer.
(G) "Property used during the income year"
			 includes property which is available for use in the taxpayer's trade or
			 business during the income year.
(H) "Aircraft ready for flight" means
			 aircraft owned or acquired through rental or lease (but not interchange) which
			 are in the possession of the taxpayer and are available for service on the
			 taxpayer routes.
(I) "Revenue
			 service" means the use of aircraft ready for flight for the production of
			 revenue.
(J) "Transportation sales"
			 means sales from transporting passengers, freight, and mail as well as liquor
			 sales, pet crate rentals, etc.
(K)
			 "Departures" for purposes of these regulations means all takeoffs, whether they
			 be regularly scheduled or charter flights, that occur during revenue
			 service.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0086 - Other Methods: Limited Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For taxpayers that are taxable both
			 within and without Oregon, the provisions of ORS
			 314.280 will ordinarily require
			 apportionment to arrive at a fair and accurate measure of net income from
			 business activity in Oregon. If the taxpayer can show that no unitary
			 relationship exists between its business activities within Oregon and those
			 activities outside Oregon, then the taxpayer may use separate
			 accounting.
(2) If the allocation
			 and apportionment provisions of OAR 150-314.280-(A) to 150-314.280-(N) do not
			 fairly and accurately reflect the net income of the business done within
			 Oregon, based on the taxpayer's business activity within Oregon, the department
			 may require or the taxpayer may request an alternative method of apportionment
			 and the department may approve that method of apportioning all or any part of
			 the net income from the taxpayer's business activity within Oregon:
(3) The request to use an alternative method
			 of apportionment shall be filed in writing with the department. The request
			 must be signed by the taxpayer or the taxpayer's authorized representative and
			 shall be filed separately from the taxpayer's return. The request shall include
			 a complete explanation of the alternative method as well as an explanation why
			 the apportionment factors in OAR 150-314.280-(A) through 150-314.280-(N) should
			 not be used. Upon receipt of the request, the department will review it and
			 issue a letter either authorizing or denying the request. If denied, the
			 taxpayer can appeal that action as provided in ORS
			 305.275. An alternative
			 apportionment method may be used only after receiving written authorization
			 from the department. The authorization may be revoked if, upon audit, it is
			 determined that the alternative method does not arrive at a fair and accurate
			 measure of net income from business activity in Oregon. Once an alternative
			 method has been authorized, it shall be used until a request to change is made
			 and approved by the department or until the authorization is revoked in an
			 audit.
(4) Examples of alternative
			 methods of apportionment include:
(a) The
			 exclusion of any one or more of the factors;
(b) The inclusion of one or more additional
			 factors which will fairly and accurately reflect the taxpayer's net income from
			 business activity in Oregon; or
(c) The employment of any other method to
			 effectuate an equitable allocation and apportionment of the taxpayer's
			 income.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0088 - Modified Factors for Financial Institutions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is based on a model regulation
			 adopted by the Multistate Tax Commission to promote uniform treatment of this
			 item by the states. A financial institution having income from business
			 activity that is taxable both within and without this state must allocate and
			 apportion its net income as provided in this rule. All items of
			 nonapportionable income must be allocated pursuant to the provisions of ORS
			 314.610 through
			 314.645 and the rules
			 thereunder. A financial institution organized under the laws of a foreign
			 country, the Commonwealth of Puerto Rico, or a territory or possession of the
			 United States whose effectively connected income (as defined under the Federal
			 Revenue Code) is taxable both within this state and within another state, other
			 than the state in which it is organized, must allocate and apportion its net
			 income as provided in this rule.
(2)
(a) For
			 tax years beginning on or after January 1, 1991 and before May 1, 2003, all
			 apportionable income must be apportioned to this state by multiplying the
			 income by a fraction. The numerator of the fraction is two times the sales
			 factor, as described in section (4) of this rule, plus the property factor, as
			 described in section (5) of this rule, plus the payroll factor, as described in
			 section (6) of this rule. The denominator of the fraction is four. If one of
			 the factors is missing, the remaining factors are added and the sum is divided
			 by three (divide by two if the missing factor is the sales factor). A factor is
			 missing if both its numerator and denominator are zero, but it is not missing
			 merely because its numerator is zero.
(b) For tax years beginning on or after May
			 1, 2003 and before July 1, 2005, all apportionable income must be apportioned
			 to this state by multiplying the income by a multiplier equal to 80 percent of
			 the sales factor described in section (4) of this rule plus 10 percent of the
			 property factor described in section (5) of this rule plus 10 percent of the
			 payroll factor described in section (6) of this rule.
(c) For tax years beginning on or after July
			 1, 2005, all apportionable income must be apportioned to this state by
			 multiplying the income by a multiplier equal to 100 percent of the sales factor
			 described in section (4) of this rule.
(d) Each factor must be computed according to
			 the method of accounting (cash or accrual) used by the taxpayer for the taxable
			 year.
(e) See OAR 150-314-0086 for
			 other methods of apportionment and allocation or modification of the method in
			 this rule that may be allowable.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS › Section 150-314-0090 - Public Utilities: Sale of Commodities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The sale of a commodity such as
			 electricity, water, steam, oil, oil products or gas, including but not limited
			 to natural and liquid gas, which is delivered or shipped to a purchaser with a
			 contractually specified point of physical delivery in Oregon, is a sale in this
			 state. It does not matter whether the purchaser uses the property in Oregon,
			 transfers the property to another state, or resells the property in Oregon. If
			 the contract states the point of delivery is at the Oregon border with another
			 state, the sale is presumed to be in Oregon unless the taxpayer can demonstrate
			 to the satisfaction of the department that delivery occurred in some other
			 place.
Example 1: A provider of wholesale
			 electricity enters into a contract to deliver a specified amount and duration
			 of a supply of electricity to a purchaser who takes possession at a
			 contractually specified point of physical delivery in Oregon. The sale is an
			 Oregon sale.