Chapter 316 — Personal Income Tax

 

2011 EDITION

 

PERSONAL INCOME TAX

 

REVENUE AND TAXATION

 

GENERAL PROVISIONS

 

316.002     Short title

 

316.003     Goals

 

316.007     Policy

 

316.012     Terms have same meaning as in federal laws; federal law references

 

316.013     Determination of federal adjusted gross income

 

316.018     Application of Payment-in-Kind Tax Treatment Act of 1983

 

316.022     General definitions

 

316.024     Application of federal law to determination of taxable income

 

316.027     “Resident” defined

 

316.028     Determination of net operating loss, carryback and carryforward

 

316.029     Disallowance of subtraction for amounts included in calculation of net operating loss

 

316.032     Department to administer law; policy as to federal conflicts and technical corrections

 

316.037     Imposition and rate of tax

 

316.042     Amount of tax where joint return used

 

316.045     Tax rate imposed on certain long-term capital gain from farming; requirements

 

316.047     Transitional provision to prevent doubling income or deductions

 

316.048     Taxable income of resident

 

316.054     Social Security benefits to be subtracted from federal taxable income

 

316.056     Interest or dividends on obligations of state or public bodies subtracted from federal taxable income

 

316.074     Exemption for service in Vietnam on missing status

 

316.076     Deduction for physician in medically disadvantaged area

 

CREDITS

 

316.078     Tax credit for dependent care expenses necessary for employment

 

316.079     Credit for certain disabilities

 

316.082     Credit for taxes paid another state; rules

 

316.085     Personal exemption credit

 

316.087     Credit for the elderly or permanently and totally disabled

 

316.099     Credit for early intervention services for child with disability; rules of State Board of Education

 

316.102     Credit for political contributions

 

316.109     Credit for tax by another jurisdiction on sale of residential property; rules

 

316.116     Credit for alternative energy device or alternative fuel vehicle; rules

 

(Temporary provisions relating to tax credit for manufactured dwelling park closures are compiled as notes following ORS 316.116)

 

TAXATION OF NONRESIDENTS

 

316.117     Proration between Oregon income and other income for nonresidents, part-year residents and trusts

 

316.118     Pro rata share of S corporation income of nonresident shareholder

 

316.119     Proration of part-year resident’s income between Oregon income and other income; alternative proration for pass-through entity items

 

316.122     Separate or joint determination of income for husband and wife

 

316.124     Determination of adjusted gross income of nonresident partner

 

316.127     Income of nonresident from Oregon sources

 

316.130     Determination of taxable income of full-year nonresident

 

316.131     Credit allowed to nonresident for taxes paid to state of residence; exception

 

ADDITIONAL CREDITS

 

(Costs in Lieu of Nursing Home Care)

 

316.147     Definitions for ORS 316.147 to 316.149

 

316.148     Credit for expenses in lieu of nursing home care; limitation

 

316.149     Evidence of eligibility for credit

 

(Retirement Income)

 

316.157     Credit for retirement income

 

316.158     Effect upon ORS 316.157 of determination of invalidity; severability

 

316.159     Subtraction for certain retirement distributions contributed to retirement plan during period of nonresidency; substantiation rules

 

COLLECTION OF TAX AT SOURCE OF PAYMENT

 

(Generally)

 

316.162     Definitions for ORS 316.162 to 316.221

 

316.164     When surety bond or letter of credit required of employer; enforcement

 

316.167     Withholding of tax required; elective provisions for agricultural employees; liability of supplier of funds to employer for taxes

 

316.168     Employer required to file combined quarterly tax report

 

316.169     Circumstances in which person other than employer required to withhold tax

 

316.171     Application of tax and report to administration of tax laws

 

316.172     Tax withholding tables to be prepared by department

 

316.177     Reliance on withholding statement; penalty for statement without reasonable basis

 

316.182     Exemption certificate

 

316.187     Amount withheld is in payment of employee’s tax

 

316.189     Withholding of state income taxes from certain periodic payments

 

316.191     Withholding taxes at time and in manner other than required by federal law; rules

 

316.193     Withholding of state income taxes from federal retired pay for members of uniformed services

 

316.194     Withholding from lottery prize payments; rules

 

316.196     Withholding of state income taxes from federal retirement pay for civil service annuitant

 

316.197     Payment to department by employer; interest on delinquent payments

 

316.198     Payment by electronic funds transfer; phase-in; rules

 

316.202     Reports by employer; waiver; penalty for failure to report; rules

 

316.207     Liability for tax; warrant for collection; conference; appeal

 

316.209     Applicability of ORS 316.162 to 316.221 when services performed by qualified real estate broker or direct seller

 

316.212     Application of penalties, misdemeanors and jeopardy assessment; employer as taxpayer

 

(Professional Athletic Teams)

 

316.213     Definitions for ORS 316.213 to 316.219

 

316.214     Withholding requirements for members of professional athletic teams

 

316.218     Annual report of compensation paid to professional athletic team members

 

316.219     Rules

 

(Qualifying Film Productions)

 

316.220     Alternative withholding requirements for qualifying film production compensation; rules; refund prohibition

 

316.221     Disposition of withheld amounts

 

NONRESIDENT REPORTING

 

316.223     Alternate methods of filing, reporting and calculating liability for nonresident employer and employee in state temporarily; rules

 

ESTATES AND TRUSTS

 

(Generally)

 

316.267     Application of chapter to estates and certain trusts

 

316.272     Computation and payment on estate or trust

 

316.277     Associations taxable as corporations exempt from chapter

 

316.279     Treatment of business trusts and business trusts income

 

(Resident Estates and Trusts)

 

316.282     Definitions related to trusts and estates; rules

 

316.287     “Fiduciary adjustment” defined; shares proportioned; rules

 

316.292     Credit for taxes paid another state

 

316.298     Accumulation distribution credit

 

(Nonresident Estates and Trusts)

 

316.302     “Nonresident estate or trust” defined

 

316.307     Income of nonresident estate or trust

 

316.312     Determination of Oregon share of income

 

316.317     Credit to beneficiary for accumulation distribution

 

RETURNS; PAYMENTS; REFUNDS

 

316.362     Persons required to make returns

 

316.363     Returns; instructions

 

316.364     Flesch Reading Ease Score form instructions

 

316.367     Joint return by husband and wife

 

316.368     When joint return liability divided; showing of marital status and hardship; rules

 

316.369     Circumstances where one spouse relieved of joint return liability; rules

 

316.372     Minor to file return; unpaid tax assessable against parent; when parent may file for minor

 

316.377     Individual under disability

 

316.382     Returns by fiduciaries

 

316.387     Election for final tax determination by personal representative; period for assessment of deficiency; discharge of personal representative from personal liability for tax

 

316.392     Notice of qualification of receiver and others

 

316.417     Date return considered made or advance payment made

 

316.457     Department may require copy of federal return

 

316.462     Change of election

 

316.472     Tax treatment of common trust fund; information return required

 

316.490     Refund as contribution to Alzheimer’s Disease Research Fund

 

316.491     Refund as contribution to Oregon Military Emergency Financial Assistance Program

 

316.493     Refund as contribution for prevention of child abuse and neglect

 

DISTRIBUTION OF REVENUE

 

316.502     Distribution of revenue to General Fund; working balance; refundable credit payments

 

PAYMENT OF ESTIMATED TAXES

 

316.557     Definition of “estimated tax”

 

316.559     Application of ORS 316.557 to 316.589 to estates and trusts

 

316.563     When declaration of estimated tax required; exception; effect of short tax year; content; amendment; rules

 

316.567     Joint declaration of husband and wife; liability; effect on nonjoint returns; rules

 

316.569     When declaration required of nonresident

 

316.573     When individual not required to file declaration

 

316.577     Date of filing declaration

 

316.579     Amount of estimated tax to be paid with declaration; installment schedule; prepayment of installment

 

316.583     Effect of payment of estimated tax or installment; credit for overpayment of prior year taxes; rules

 

316.587     Effect of underpayment of estimated tax; computation of underpayment; interest; when not imposed

 

316.588     When interest on underpayment not imposed

 

316.589     Application to short tax years and tax years beginning on other than January 1

 

MODIFICATIONS OF TAXABLE INCOME

 

(Generally)

 

316.680     Modification of taxable income

 

316.681     Interest or dividends to benefit self-employed or individual retirement accounts

 

316.683     State exempt-interest dividends; rules

 

316.685     Federal income tax deductions; accrual method of accounting required; adjustment for federal earned income credit

 

316.687     Amount in excess of standard deduction for child, if child’s income included on parent’s federal return; limitation

 

316.690     Foreign income taxes

 

316.695     Additional modifications of taxable income; rules

 

316.697     Fiduciary adjustment

 

316.698     Subtraction for qualifying film production labor rebates

 

316.699     Subtraction for college savings network account contributions; limitations; carryforward

 

316.707     Computation of depreciation of property under federal law; applicability

 

316.716     Differences in basis on federal and state return

 

316.737     Amount specially taxed under federal law to be included in computation of state taxable income

 

316.738     Modification of taxable income when deferred gain is recognized as result of out-of-state disposition of property

 

316.739     Deferral of deduction for certain amounts deductible under federal law

 

316.744     Cash payments for energy conservation

 

(Additional Personal Exemption Credits)

 

316.752     Definitions for ORS 316.752 to 316.771

 

316.758     Additional personal exemption credit for persons with severe disabilities

 

316.765     Additional personal exemption credit for spouse of person with severe disability; conditions

 

316.771     Proof of status for exemption credit

 

(Exemptions)

 

316.777     Income derived from sources within federally recognized Indian country exempt from tax

 

316.778     Small city business development exemption; rules

 

316.783     Amounts received for condemnation of Indian tribal lands

 

316.785     Income derived from exercise of Indian fishing rights

 

316.787     Payments to Japanese and Aleuts under Civil Liberties Act of 1988

 

316.789     Persian Gulf Desert Shield active military service

 

316.791     Compensation for active duty military service

 

(Exemption for Certain Sales or Closures of Manufactured Dwelling Parks)

 

316.795     Exemption for payments to tenants of manufactured dwelling parks upon termination of rental agreement

 

(Additional Modifications of Taxable Income)

 

316.806     Definitions for ORS 316.806 to 316.818

 

316.812     Certain traveling expenses

 

316.818     Proof of expenses

 

316.821     Federal election to deduct sales taxes; addition for state purposes

 

316.824     Definitions for ORS 316.824 and 316.832

 

316.832     Travel expenses for loggers

 

316.836     Qualified production activities income

 

316.837     Addition for federal prescription drug plan subsidies excluded for federal tax purposes

 

316.838     Art object donation

 

316.844     Special computation of gain or loss where farm use value used

 

316.845     Exception to ORS 316.844

 

316.846     Scholarship awards used for housing expenses

 

316.848     Individual development accounts

 

316.852     Qualified donations and sales to educational institutions

 

316.856     Severance pay; rules

 

316.970     Effect of chapter 493, Oregon Laws 1969

 

PENALTIES

 

316.992     Penalty for filing incorrect return that is based on frivolous position or is intended to delay or impede administration; appeal

 

GENERAL PROVISIONS

 

      316.002 Short title. This chapter may be cited as the Personal Income Tax Act of 1969. [1969 c.493 §1; 1995 c.79 §164]

 

      316.003 Goals. (1) The goals of the Legislative Assembly are to achieve for Oregon’s citizens a tax system which recognizes:

      (a) Fairness and equity as its basic values; and

      (b) That the total tax system should use seven guiding principles as measures by which to evaluate tax proposals.

      (2) Those guiding principles are:

      (a) Ability to pay;

      (b) Fairness;

      (c) Efficiency;

      (d) Even distribution;

      (e) The tax system should be equitable where the minimum aspects of a fair system are:

      (A) That it shields genuine subsistence income from taxation;

      (B) That it is not regressive; and

      (C) That it imposes approximately the same tax burden on all households earning the same income;

      (f) Adequacy; and

      (g) Flexibility.

      (3) To meet those goals of Oregon’s tax system, any tax must be considered in conjunction with the effects of all other taxes on Oregonians. [1991 c.457 §1a]

 

      Note: 316.003 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 316 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      316.005 [1953 c.304 §1; repealed by 1969 c.493 §99]

 

      316.007 Policy. It is the intent of the Legislative Assembly, by the adoption of this chapter, insofar as possible, to:

      (1) Make the Oregon personal income tax law identical in effect to the provisions of the Internal Revenue Code relating to the measurement of taxable income of individuals, estates and trusts, modified as necessary by the state’s jurisdiction to tax and the revenue needs of the state;

      (2) Achieve this result by the application of the various provisions of the Internal Revenue Code relating to the definition of income, exceptions and exclusions therefrom, deductions (business and personal), accounting methods, taxation of trusts, estates and partnerships, basis, depreciation and other pertinent provisions relating to gross income as defined therein, modified as provided in this chapter, resulting in a final amount called “taxable income”; and

      (3) Impose a tax on residents of this state measured by taxable income wherever derived and to impose a tax on the income of nonresidents that is ascribable to sources within this state. [1969 c.493 §2; 1971 s.s. c.4 §1; 1987 c.293 §1; 1989 c.625 §1; 2003 c.46 §34]

 

      316.010 [1953 c.304 §2; 1953 c.552 §1; repealed by 1969 c.493 §99]

 

      316.012 Terms have same meaning as in federal laws; federal law references. Any term used in this chapter has the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required or the term is specifically defined in this chapter. Except where the Legislative Assembly has provided otherwise, any reference in this chapter to the laws of the United States or to the Internal Revenue Code refers to the laws of the United States or to the Internal Revenue Code as they are amended and in effect:

      (1) On December 31, 2010; or

      (2) If related to the definition of taxable income, as applicable to the tax year of the taxpayer. [1969 c.493 §3; 1971 s.s. c.4 §2; 1975 c.672 §3; 1983 c.162 §59; 1985 c.802 §1; 1987 c.293 §2; 1989 c.625 §2; 1991 c.457 §1; 1993 c.726 §27; 1995 c.556 §1; 1997 c.839 §1; 1999 c.224 §7; 2001 c.660 §35; 2003 c.77 §14; 2005 c.519 §9; 2005 c.832 §27; 2007 c.614 §12; 2008 c.45 §13; 2009 c.5 §23; 2009 c.909 §§24,25; 2010 c.82 §§24,25; 2011 c.7 §23]

 

      316.013 Determination of federal adjusted gross income. Unless the context requires otherwise and notwithstanding ORS 316.012, whenever, in the calculation of Oregon taxable income, reference to the taxpayer’s federal adjusted gross income is required to be made, the taxpayer’s federal adjusted gross income shall be as determined under the provisions of the Internal Revenue Code as they may be in effect for the tax year of the taxpayer without any of the additions, subtractions or other modifications or adjustments required under this chapter and other laws of this state applicable to personal income taxation. [1985 c.802 §3a; 1999 c.580 §3; 2009 c.5 §29; 2009 c.909 §§31,32; 2010 c.82 §26]

 

      316.014 [1985 c.802 §18; 1997 c.839 §2; 2003 c.77 §15; renumbered 316.028 in 2011]

 

      316.015 [1953 c.304 §3; 1953 c.552 §2; 1959 c.211 §3; 1959 c.593 §1 (referred and rejected); 1963 c.627 §2 (referred and rejected); repealed by 1969 c.493 §99; amended by 1969 c.520 §41]

 

      316.016 [1973 c.119 §2; repealed by 1975 c.672 §8]

 

      316.017 [1969 c.493 §3a; repealed by 1969 c.493 §3b]

 

      316.018 Application of Payment-in-Kind Tax Treatment Act of 1983. The Payment-in-Kind Tax Treatment Act of 1983 (P.L. 98-4, as amended by section 1061 of P.L. 98-369) applies for purposes of determining Oregon taxable income under this chapter, notwithstanding that the Act is not part of the Internal Revenue Code. [1985 c.802 §42; 2003 c.46 §35]

 

      316.019 [1985 c.802 §46; repealed by 1997 c.839 §69]

 

      316.020 [1953 c.304 §4; repealed by 1969 c.493 §99]

 

      316.021 [1985 c.802 §58; 1987 c.293 §3; renumbered 314.029 in 1993]

 

      316.022 General definitions. As used in this chapter, unless the context requires otherwise:

      (1) “Department” means the Department of Revenue.

      (2) “Director” means the Director of the Department of Revenue.

      (3) “Individual” means a natural person, including aliens and minors.

      (4) A “nonresident” means an individual who is not a resident of this state.

      (5) “Part-year resident” means an individual taxpayer who changes status during a tax year from resident to nonresident or from nonresident to resident.

      (6) “Taxable income” means the taxable income as defined in subsection (a) or (b), section 63 of the Internal Revenue Code, with such additions, subtractions and adjustments as are prescribed by this chapter.

      (7) “Taxpayer” means any natural person, estate, trust, or beneficiary whose income is in whole or in part subject to the taxes imposed by this chapter, or any employer required by this chapter to withhold personal income taxes from the compensation of employees for remittance to the state. [1969 c.493 §§4,5,6,7,9 and 1969 c.520 §42b; 1985 c.141 §2; 1987 c.293 §4]

 

      316.023 [1987 c.293 §§71,72,73; renumbered 314.033 in 1993]

 

      316.024 Application of federal law to determination of taxable income. Section 243 of the Tax Reform Act of 1986 (P.L. 99-514) does not apply for purposes of determining taxable income under this chapter. [1987 c.293 §12a; 2003 c.46 §36]

 

      316.025 [1953 c.304 §5; repealed by 1957 c.632 §1 (314.075 and 314.080 enacted in lieu of 316.025, 316.030, 317.015 and 317.020)]

 

      316.027 “Resident” defined. (1) For purposes of this chapter, unless the context requires otherwise:

      (a) “Resident” or “resident of this state” means:

      (A) An individual who is domiciled in this state unless the individual:

      (i) Maintains no permanent place of abode in this state;

      (ii) Does maintain a permanent place of abode elsewhere; and

      (iii) Spends in the aggregate not more than 30 days in the taxable year in this state; or

      (B) An individual who is not domiciled in this state but maintains a permanent place of abode in this state and spends in the aggregate more than 200 days of the taxable year in this state unless the individual proves that the individual is in the state only for a temporary or transitory purpose.

      (b) “Resident” or “resident of this state” does not include:

      (A) An individual who is a qualified individual under section 911(d)(1) of the Internal Revenue Code for the tax year;

      (B) A spouse of a qualified individual under section 911(d)(1) of the Internal Revenue Code, if the spouse has a principal place of abode for the tax year that is not located in this state; or

      (C) A resident alien under section 7701(b) of the Internal Revenue Code who would be considered a qualified individual under section 911(d)(1) of the Internal Revenue Code if the resident alien were a citizen of the United States.

      (2) For purposes of subsection (1)(a)(B) of this section, a fraction of a calendar day shall be counted as a whole day. [1969 c.493 §8; 1987 c.158 §49; 1995 c.79 §165; 1999 c.1096 §1]

 

      316.028 Determination of net operating loss, carryback and carryforward. (1) In the computation of state taxable income the net operating loss, net operating loss carryback and net operating loss carryforward shall be the same as that contained in the Internal Revenue Code as it applies to the tax year for which the return is filed and shall not be adjusted for any changes or modifications contained in this chapter or by the case law of this state.

      (2) In the case of a nonresident, the net operating loss deduction, net operating loss carryback and net operating loss carryforward shall be that described in subsection (1) of this section which is attributable to Oregon sources.

      (3) If any provision in ORS 316.047 or 316.127 appears to require an adjustment to a net operating loss, net operating loss carryback or net operating loss carryforward contrary to the provisions of this section, that adjustment shall not be made. [Formerly 316.014]

 

      316.029 Disallowance of subtraction for amounts included in calculation of net operating loss. Notwithstanding ORS 316.739, a subtraction from federal taxable income is not allowed for amounts included in the calculation of an Oregon net operating loss under ORS 316.028. [2011 c.685 §2]

 

      Note: Sections 3 and 4, chapter 685, Oregon Laws 2011, provide:

      Sec. 3. If a taxpayer has claimed a subtraction for a previous tax year that is disallowed under section 2 of this 2011 Act [316.029], the taxpayer may comply with section 2 of this 2011 Act by filing an amended return or by adding to income on the taxpayer’s return for the 2011 tax year the amount of the disallowed subtraction. [2011 c.685 §3]

      Sec. 4. Sections 2 [316.029] and 3 of this 2011 Act apply to tax years beginning on or after January 1, 2009. [2011 c.685 §4]

 

      316.030 [1953 c.304 §6; repealed by 1957 c.632 §1 (314.075 and 314.080 enacted in lieu of 316.025, 316.030, 317.015 and 317.020)]

 

      316.032 Department to administer law; policy as to federal conflicts and technical corrections. (1) The Department of Revenue shall administer and enforce this chapter.

      (2) Insofar as is practicable in the administration of this chapter, the department shall apply and follow the administrative and judicial interpretations of the federal income tax law. When a provision of the federal income tax law is the subject of conflicting opinions by two or more federal courts, the department shall follow the rule observed by the United States Commissioner of Internal Revenue until the conflict is resolved. Nothing contained in this section limits the right or duty of the department to audit the return of any taxpayer or to determine any fact relating to the tax liability of any taxpayer.

      (3) When portions of the Internal Revenue Code incorporated by reference as provided in ORS 316.007 or 316.012 refer to rules or regulations prescribed by the Secretary of the Treasury, then such rules or regulations shall be regarded as rules adopted by the department under and in accordance with the provisions of this chapter, whenever they are prescribed or amended.

      (4)(a) When portions of the Internal Revenue Code incorporated by reference as provided in ORS 316.007 or 316.012 are later corrected by an Act or a Title within an Act of the United States Congress designated as an Act or Title making technical corrections, then notwithstanding the date that the Act or Title becomes law, those portions of the Internal Revenue Code, as so corrected, shall be the portions of the Internal Revenue Code incorporated by reference as provided in ORS 316.007 or 316.012 and shall take effect, unless otherwise indicated by the Act or Title (in which case the provisions shall take effect as indicated in the Act or Title), as if originally included in the provisions of the Act being technically corrected. If, on account of this subsection, any adjustment is required to an Oregon return that would otherwise be prevented by operation of law or rule, the adjustment shall be made, notwithstanding any law or rule to the contrary, in the manner provided under ORS 314.135.

      (b) As used in this subsection, “Act or Title” includes any subtitle, division or other part of an Act or Title. [1969 c.493 §10; 1985 c.802 §1a; 1987 c.293 §5; 1997 c.839 §3]

 

      316.035 [1953 c.304 §117; repealed by 1969 c.493 §99 and 1969 c.520 §49]

 

      316.037 Imposition and rate of tax. (1)(a) A tax is imposed for each taxable year on the entire taxable income of every resident of this state. The amount of the tax shall be determined in accordance with the following table:

______________________________________________________________________________

 

If taxable income is:                                                                The tax is:

 

 

Not over $2,000                                                                      5%  of

                                                                                                taxable

                                                                                                income

 

Over $2,000 but not

over $5,000                                                                             $100 plus 7%

                                                                                                of the excess

                                                                                                over $2,000

 

 

Over $5,000 but not

over $125,000                                                                         $310 plus 9%

                                                                                                of the excess

                                                                                                over $5,000

 

 

Over $125,000                                                                        $11,110 plus 9.9%

                                                                                                of the excess

                                                                                                over $125,000

 

______________________________________________________________________________

 

      (b) For tax years beginning in each calendar year, the Department of Revenue shall adopt a table that shall apply in lieu of the table contained in paragraph (a) of this subsection, as follows:

      (A) Except as provided in subparagraph (D) of this paragraph, the minimum and maximum dollar amounts for each bracket for which a tax is imposed shall be increased by the cost-of-living adjustment for the calendar year.

      (B) The rate applicable to any rate bracket as adjusted under subparagraph (A) of this paragraph shall not be changed.

      (C) The amounts setting forth the tax, to the extent necessary to reflect the adjustments in the rate brackets, shall be adjusted.

      (D) The rate brackets applicable to taxable income in excess of $125,000 may not be adjusted.

      (c) For purposes of paragraph (b) of this subsection, the cost-of-living adjustment for any calendar year is the percentage (if any) by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year exceeds the monthly averaged index for the second quarter of the calendar year 1992.

      (d) As used in this subsection, “U.S. City Average Consumer Price Index” means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor.

      (e) If any increase determined under paragraph (b) of this subsection is not a multiple of $50, the increase shall be rounded to the next lower multiple of $50.

      (2) A tax is imposed for each taxable year upon the entire taxable income of every part-year resident of this state. The amount of the tax shall be computed under subsection (1) of this section as if the part-year resident were a full-year resident and shall be multiplied by the ratio provided under ORS 316.117 to determine the tax on income derived from sources within this state.

      (3) A tax is imposed for each taxable year on the taxable income of every full-year nonresident that is derived from sources within this state. The amount of the tax shall be determined in accordance with the table set forth in subsection (1) of this section. [1969 c.493 §11; 1975 c.674 §1; 1977 c.872 §1; 1979 c.649 §1; 1983 c.684 §23; 1985 c.141 §1; 1987 c.293 §6; 1991 c.457 §1b; 2001 c.660 §11; 2003 c.46 §37; 2009 c.746 §§1,2]

 

      316.040 [1953 c.304 §7; repealed by 1969 c.493 §99]

 

      316.042 Amount of tax where joint return used. In the case of a joint return of husband and wife, pursuant to ORS 316.122 or pursuant to ORS 316.367, the tax imposed by ORS 316.037 shall be twice the tax which would be imposed if the taxable income were cut in half. For purposes of this section, a return of a head of household or a surviving spouse, as defined in subsections (a) and (b) of section 2 of the Internal Revenue Code, shall be treated as a joint return of husband and wife. [1969 c.493 §12; 1975 c.674 §2; 1987 c.293 §7; 1987 c.647 §10]

 

      316.045 Tax rate imposed on certain long-term capital gain from farming; requirements. (1) As used in this section:

      (a) “Farming” means:

      (A) Raising, harvesting and selling crops;

      (B) Feeding, breeding, managing or selling livestock, poultry, fur-bearing animals or honeybees or the produce thereof;

      (C) Dairying and selling dairy products;

      (D) Stabling or training equines, including but not limited to providing riding lessons, training clinics and schooling shows;

      (E) Propagating, cultivating, maintaining or harvesting aquatic species and bird and animal species to the extent allowed by the rules adopted by the State Fish and Wildlife Commission;

      (F) On-site constructing and maintaining equipment and facilities used for the activities described in this subsection;

      (G) Preparing, storing or disposing of, by marketing or otherwise, the products or by-products raised for human or animal use on land employed in activities described in this subsection; or

      (H) Any other agricultural or horticultural activity or animal husbandry, or any combination of these activities, except that “farming” does not include growing and harvesting trees of a marketable species other than growing and harvesting cultured Christmas trees or certain hardwood timber described in ORS 321.267 (3) or 321.824 (3).

      (b) “Section 1231 gain” has the meaning given that term in section 1231 of the Internal Revenue Code.

      (2) Notwithstanding ORS 316.037, taxable income that consists of net long-term capital gain shall be subject to tax under this chapter at a rate of five percent if all of the following conditions apply:

      (a) The gain is:

      (A) Derived from the sale or exchange of capital assets consisting of ownership interests in a corporation, partnership or other entity in which, prior to the sale or exchange, the taxpayer owned at least a 10 percent ownership interest; or

      (B) Section 1231 gain.

      (b) The property that was sold or exchanged consisted of:

      (A) Ownership interests in a corporation, partnership or other entity that is engaged in the trade or business of farming; or

      (B) Property that is predominantly used in the trade or business of farming.

      (c) The sale or exchange is to a person who is not related to the taxpayer under section 267 of the Internal Revenue Code.

      (d) The sale or exchange constitutes a substantially complete termination of all of the taxpayer’s ownership interests in a trade or business that is engaged in farming or a substantially complete termination of all of the taxpayer’s ownership interests in property that is employed in the trade or business of farming. Ownership of a farm dwelling or farm homesite does not constitute ownership of property employed in the trade or business of farming.

      (3) If the taxpayer has net long-term capital gain derived in part from the sale or exchange of property described in subsection (2)(b) of this section and in part from the sale or exchange of all other property, the net long-term capital gain that is subject to tax under this section shall be determined as follows:

      (a) Compute the net long-term capital gain derived from all property described in subsection (2)(b) of this section that was sold or exchanged during the tax year.

      (b) Compute the net capital gain or loss from the sale or exchange of all other property during the tax year.

      (c) If the amount determined under paragraph (b) of this subsection is a net capital gain, the gain that is subject to tax under subsection (2) of this section shall be the amount determined under paragraph (a) of this subsection.

      (d) If the amount determined under paragraph (b) of this subsection is a net capital loss, the gain that is subject to tax under subsection (2) of this section shall be the amount determined under paragraph (a) of this subsection minus the amount determined under paragraph (b) of this subsection. [2001 c.545 §2; 2003 c.454 §123; 2003 c.621 §98a]

 

      316.047 Transitional provision to prevent doubling income or deductions. If any provision of the Internal Revenue Code or of this chapter requires that any amount be added to or deducted from federal gross income or the net income taxable under this chapter that previously had been added to or deducted from net income taxable under the Oregon law in effect prior to the taxpayer’s taxable year as to which this chapter is first effective, then, in such event, appropriate adjustment shall be made to the net income for the year or years subject to this chapter so as to prohibit the double taxation or the double deduction of any such amount that previously had entered into the computation of taxable income. Differences such as the difference in basis of property used by the taxpayer for federal and Oregon income tax returns and on account of the treatment of operating losses shall be resolved by application of this principle. However, the Department of Revenue, in its audit of a return, shall not apply any adjustment under this section which, in its opinion, if applied would result in an increase or decrease of tax liability of less than $25. [1969 c.493 §13; 1987 c.293 §8]

 

      316.048 Taxable income of resident. The entire taxable income of a resident of this state is the federal taxable income of the resident as defined in the laws of the United States, with the modifications, additions and subtractions provided in this chapter and other laws of this state applicable to personal income taxation. [Formerly 316.062; 1999 c.580 §4]

 

      316.049 [1977 c.755 §2; renumbered 316.777]

 

      316.050 [1977 c.553 §2; renumbered 316.783]

 

      316.051 [1977 c.390 §2; renumbered 316.788]

 

      316.052 [1977 c.390 §3; 1979 c.691 §2; renumbered 316.794]

 

      316.053 [1977 c.390 §4; renumbered 316.799]

 

      316.054 Social Security benefits to be subtracted from federal taxable income. In addition to the other modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the amount of any Social Security benefits, as defined in section 86 of the Internal Revenue Code (Title II Social Security or tier 1 railroad retirement benefits) included in gross income for federal income tax purposes under section 86 of the Internal Revenue Code. [1985 c.154 §2; 1997 c.839 §4]

 

      316.055 [1953 c.304 §8; 1953 c.552 §3; 1957 s.s. c.15 §1; 1963 c.627 §3 (referred and rejected); repealed by 1969 c.493 §99]

 

      316.056 Interest or dividends on obligations of state or public bodies subtracted from federal taxable income. In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income the interest or dividends on obligations of the State of Oregon or a public body, as defined in ORS 287A.001, to the extent includable in gross income for federal income tax purposes. However, the amount subtracted under this section shall be reduced by any interest on indebtedness incurred to carry the obligations or securities described in this section, and by any expenses incurred in the production of interest or dividend income described in this section. [1987 c.293 §23b; 1989 c.988 §1; 2007 c.783 §126]

 

      316.057 [1977 c.872 §8; renumbered 316.806]

 

      316.058 [1977 c.872 §9; renumbered 316.812]

 

      316.059 [1977 c.872 §10; renumbered 316.818]

 

      316.060 [1953 c.304 §9; 1955 c.596 §1; part derived from 1955 c.596 §4; 1957 c.586 §1; 1957 s.s. c.15 §2; 1959 c.593 §2 (referred and rejected); 1963 c.627 §4 (referred and rejected); repealed by 1969 c.493 §99; amended by 1969 c.520 §42]

 

      316.061 [1979 c.887 §2; renumbered 316.824]

 

      316.062 [1969 c.493 §14; renumbered 316.048]

 

      316.063 [1979 c.887 §§3,4; renumbered 316.832]

 

      316.064 [1979 c.707 §2; renumbered 316.838]

 

      316.065 [1953 c.304 §10; repealed by 1959 c.593 §14 (referred and rejected); repealed by 1963 c.627 §23 (referred and rejected); repealed by 1969 c.493 §99]

 

      316.066 [1973 c.753 §2; repealed by 1979 c.414 §7]

 

      316.067 [1969 c.493 §15; 1971 c.686 §12; 1971 c.736 §1; 1973 c.1 §1; 1973 c.88 §1; 1973 c.402 §18; 1973 c.753 §3; 1977 c.784 §1; 1979 c.414 §5; 1979 c.436 §1; 1979 c.579 §7; 1983 c.381 §1; renumbered 316.680]

 

      316.068 [1975 c.672 §§2,2a,10b,13; subsection (7) enacted as 1975 c.650 §2; 1977 c.795 §10; 1977 c.872 §12; 1978 c.9 §1; 1979 c.240 §1; 1979 c.436 §6; 1981 c.679 §1; 1981 c.896 §1; 1983 c.684 §6; renumbered 316.695]

 

      316.069 [1981 c.778 §34; renumbered 316.744]

 

      316.070 [1953 c.304 §13; repealed by 1969 c.493 §99]

 

      316.071 [1981 c.801 §2; renumbered 316.690]

 

      316.072 [1969 c.467 §6; 1979 c.376 §1; 1981 c.705 §1; renumbered 316.685]

 

      316.073 [1975 c.672 §12; repealed by 1991 c.457 §24]

 

      316.074 Exemption for service in Vietnam on missing status. (1) Any compensation or gratuity received from any source by any individual by reason of civilian or military service on and after February 28, 1961, during the Vietnam conflict, for any month during any part of which such individual is in a missing status as a result of that conflict, is exempt from tax under this chapter. Any such compensation or gratuity is exempt from tax without regard to:

      (a) The identity of the recipient of the compensation or gratuity;

      (b) The death of the individual whose service in a missing status results in payment of the compensation or the gratuity; or

      (c) A date of death established for the individual whose service in a missing status results in payment of the compensation or the gratuity.

      (2) As used in this section:

      (a) “Compensation” does not include any pension or retirement allowance.

      (b) “Missing status” means the status of an individual who is carried or determined to be in a status of missing; missing in action; interned in a foreign country; captured, beleaguered or besieged by a hostile force; or detained in a foreign country against the will of the individual. “Missing status” does not include the status of an individual for a period during which the individual is officially determined to be absent from a post of duty without authority.

      (3) In addition to the income tax relief provided by this section, any provision in the laws of the United States or in the Internal Revenue Code providing income tax relief for returning prisoners of war, persons in a missing status, their spouses, heirs, devisees or executors shall apply to the measurement of the taxable income of individuals, estates and trusts. [1973 c.475 §§2,3; 1975 c.672 §4; 1997 c.839 §5]

 

      316.075 [1953 c.304 §11; 1953 c.522 §4; 1959 c.593 §3 (referred and rejected); 1963 c.627 §5 (referred and rejected); repealed by 1969 c.493 §99]

 

      316.076 Deduction for physician in medically disadvantaged area. (1) Any person who becomes licensed under ORS chapter 677 on or after January 1, 1974, and prior to January 1, 1982, and enters the practice of medicine in any medically disadvantaged area of this state may deduct as an expense from income earned from the practice of medicine an amount equal to the annual expense incurred for each year in attending medical school, including tuition, fees, living expenses and other actual and necessary expenses, but not to exceed $10,000 for any year.

      (2) In order to qualify for the exemption granted by subsection (1) of this section, the person must apply to the Department of Revenue on or before April 15, following the first tax year for which the deduction is claimed on a form prescribed by the department and accompanied by evidence from the Oregon Medical Board that the area in which the person is practicing was medically disadvantaged when the physician entered practice there.

      (3) The deduction authorized by subsection (1) of this section shall be applicable for four tax years. [1973 c.644 §6; 1979 c.699 §1]

 

      316.077 [1969 c.493 §16; renumbered 316.697]

 

CREDITS

 

      316.078 Tax credit for dependent care expenses necessary for employment. (1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter in an amount equal to a percentage of employment-related expenses allowable pursuant to section 21 of the Internal Revenue Code, notwithstanding the limitation imposed by section 26 of the Internal Revenue Code. The percentage shall be determined on the basis of federal taxable income, as defined in section 63 of the Internal Revenue Code and as reflected on the federal return, whether or not a joint return, of the taxpayer for the taxable year, in accordance with the following table:

______________________________________________________________________________

 

If federal taxable

income is:                                                                  The percentage is:

 

 

      Not over $5,000                                                                30%

      Over $5,000 but not

      over $10,000                                                                     15%

      Over $10,000 but not

      over $15,000                                                                     8%

      Over $15,000 but not

      over $25,000                                                                     6%

      Over $25,000 but not

      over $35,000                                                                     5%

      Over $35,000 but not

      over $45,000                                                                     4%

      Over $45,000                                                                    0%

______________________________________________________________________________

 

      (2) A nonresident individual shall be allowed the credit computed in the same manner and subject to the same limitations as the credit allowed a resident by subsection (1) of this section. However, the credit shall be prorated using the proportion provided in ORS 316.117.

      (3) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer’s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

      (4) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

      (5) Any tax credit otherwise allowable under this section which is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer’s tax liability for the next succeeding tax year. Any credit remaining unused in such next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter. [1975 c.672 §15a; 1977 c.872 §3; 1979 c.691 §4; 1983 c.684 §9; 1985 c.802 §4; 1987 c.293 §10; 1989 c.625 §7; 1989 c.1047 §11; 1991 c.457 §2; 1993 c.726 §28; 1997 c.839 §6; 1999 c.90 §8; 2001 c.660 §36]

 

      Note: Section 44, chapter 913, Oregon Laws 2009, provides:

      Sec. 44. Except as provided in ORS 316.078 (5), a credit may not be claimed under ORS 316.078 for tax years beginning on or after January 1, 2016. [2009 c.913 §44]

 

      316.079 Credit for certain disabilities. A $50 credit, against income taxes owed, shall be allowed a taxpayer who as of the close of the taxable year has suffered a permanent and complete loss of function of both legs or both arms or one leg and one arm as certified to by a public health officer. The certificate shall be in a form prescribed by the Department of Revenue and shall be filed with the first return in which the credit is claimed. [1973 c.120 §2]

 

      Note: Section 41, chapter 913, Oregon Laws 2009, provides:

      Sec. 41. A credit may not be claimed under ORS 316.079 for tax years beginning on or after January 1, 2016. [2009 c.913 §41]

 

      316.080 [1953 c.304 §12; renumbered 316.475]

 

      316.081 [1973 c.503 §15; 1975 c.705 §11; 1981 c.502 §1; renumbered 316.844]

 

      316.082 Credit for taxes paid another state; rules. (1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter for the amount of any income tax imposed on the individual, or on an Oregon S corporation or Oregon partnership of which the individual is a member (to the extent of the individual’s pro rata share of the S corporation or distributive share of the partnership), for the tax year by another state on income derived from sources therein and that is also subject to tax under this chapter.

      (2) The credit provided under this section shall not exceed the proportion of the tax otherwise due under this chapter that the amount of the modified adjusted gross income of the taxpayer derived from sources in the other state bears to the entire modified adjusted gross income of the taxpayer.

      (3) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.

      (4) No credit allowed under this section or ORS 316.292 shall be applied in calculating tax due under this chapter if the tax upon which the credit is based has been claimed as a deduction, unless the tax upon which the credit is based is restored to income on the Oregon return.

      (5) Credit shall not be allowed under this section for income taxes paid to a state that allows a nonresident a credit against the income taxes imposed by that state for taxes paid or payable to the state of residence. It is the purpose of this subsection to avoid duplicative taxation through use of a nonresident, rather than a resident, credit for taxes paid or payable to another state.

      (6) The Department of Revenue may adopt rules under this section that provide a credit against the tax imposed by this chapter when the department considers the credit necessary to avoid taxation of the same income by this state and another state.

      (7) As used in this section:

      (a) “Modified adjusted gross income” means federal adjusted gross income as modified by this chapter and the other laws of this state applicable to personal income taxation.

      (b) “Oregon partnership” means an entity that is treated as a partnership for Oregon excise and income tax purposes.

      (c) “Oregon S corporation” means a corporation that has elected S corporation status for Oregon excise and income tax purposes.

      (d) “State” means a state, district, territory or possession of the United States.

      (8) For purposes of this section:

      (a) A direct tax imposed upon income of an Oregon S corporation is an income tax imposed on the Oregon S corporation.

      (b) An excise tax that is measured by income of an Oregon S corporation is an income tax imposed on the Oregon S corporation.

      (c) An excise tax is measured by income only if the statute imposing the excise tax provides that the base for the excise tax:

      (A) Includes revenue from sales and from services rendered, and income from investments; and

      (B) Permits a deduction for the cost of goods sold and the cost of services rendered. [1969 c.493 §17; 1981 c.801 §3; 1987 c.647 §11; 1991 c.838 §6; 1993 c.726 §28a; 1995 c.54 §7; 1999 c.74 §5; 2001 c.9 §1]

 

      316.083 [1977 c.666 §35; 1995 c.556 §2; renumbered 316.845 in 2005]

 

      316.084 [1981 c.720 §16; 1983 c.684 §10; 1991 c.877 §1; repealed by 1993 c.730 §9 (315.134 enacted in lieu of 316.084, 317.133 and 318.080)]

 

      316.085 Personal exemption credit. (1)(a) There shall be allowed a personal exemption credit against taxes otherwise due under this chapter. The credit shall equal $90 multiplied by the number of personal exemptions allowed under section 151 of the Internal Revenue Code.

      (b) In the case of an individual with respect to whom a credit under paragraph (a) of this subsection is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, the credit amount applicable to such individual for such individual’s taxable year is zero.

      (2)(a) A nonresident shall be allowed the credit provided under subsection (1) of this section computed in the same manner and subject to the same limitations as the credit allowed to a resident of this state. However, the credit shall be prorated using the proportion provided in ORS 316.117.

      (b) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer’s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

      (c) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

      (3) The Department of Revenue shall recompute the dollar amount of the personal exemption credit allowed for state personal income tax purposes. The computation shall be as follows:

      (a) Divide the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year by the monthly averaged index for the first six months of 1986.

      (b) Recompute the dollar amount of the personal exemption credit by multiplying $90 by the appropriate indexing factor determined as provided in paragraph (a) of this subsection. Round off the amount obtained under this paragraph to the nearest $1.

      (4) As used in this section, “U.S. City Average Consumer Price Index” means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor.

      (5) Notwithstanding subsections (1) to (3) of this section, if a taxpayer’s federal adjusted gross income for the tax year exceeds the threshold amount, the exemption amount shall be the greater of:

      (a) Thirty-three percent of the amount computed in subsection (3) of this section; or

      (b) The amount computed in subsection (3) of this section reduced by:

      (A) Two percentage points for each $2,500 (or fraction thereof) by which the taxpayer’s federal adjusted gross income exceeds the threshold amount; or

      (B) Two percentage points for each $1,250 (or fraction thereof) by which the taxpayer’s federal adjusted gross income exceeds the threshold amount, if the taxpayer is married but filing separately.

      (6) As used in this section, “threshold amount” means:

      (a) $234,600 in the case of a joint return or a surviving spouse.

      (b) $195,500 in the case of a head of a household.

      (c) $156,400 in the case of an individual who is not a married individual and is not a surviving spouse.

      (d) $117,300 in the case of a married individual filing a separate return.

      (7) The Department of Revenue shall adjust the threshold amounts in subsection (6) of this section according to the cost-of-living adjustment for the calendar year. The department shall annually recompute the threshold amounts for the current tax year by multiplying each dollar amount by the percentage (if any) by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year exceeds the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31, 2006.

      (8) If a threshold amount computed under subsections (6) and (7) of this section is not a multiple of $50, the amount shall be rounded to the next lower multiple of $50. [1985 c.345 §§2,3; 1987 c.293 §13; 1991 c.457 §2a; 1997 c.839 §8; 1999 c.90 §9; 2001 c.660 §12; 2007 c.843 §63]

 

      316.086 [1979 c.733 §2; 1983 c.684 §11; 1989 c.880 §12; repealed by 1995 c.746 §22]

 

      316.087 Credit for the elderly or permanently and totally disabled. (1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter in an amount equal to 40 percent of the credit for the elderly or the permanently and totally disabled allowable pursuant to section 22 of the Internal Revenue Code, notwithstanding the limitation imposed by section 26 of the Internal Revenue Code.

      (2) A nonresident individual shall be allowed the credit computed in the same manner and subject to the same limitations as the credit allowed a resident by subsection (1) of this section. However, the credit shall be prorated using the proportion provided in ORS 316.117.

      (3) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer’s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

      (4) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

      (5) No credit shall be allowed under this section for the taxable year if the taxpayer claims the credit allowed under ORS 316.157. [1969 c.493 §18; 1971 c.736 §2; 1977 c.872 §4; 1979 c.691 §5; 1983 c.684 §12; 1985 c.802 §5; 1987 c.293 §14; 1987 c.545 §1; 1989 c.625 §8; 1991 c.457 §3; 1991 c.823 §2; 1993 c.726 §29; 1997 c.839 §9; 1999 c.90 §10; 2001 c.660 §37]

 

      Note: Section 40, chapter 913, Oregon Laws 2009, provides:

      Sec. 40. A credit may not be claimed under ORS 316.087 for tax years beginning on or after January 1, 2016. [2009 c.913 §40]

 

      316.088 [1977 c.811 §2; 1979 c.534 §1; 1981 c.894 §1; 1983 c.684 §13; 1989 c.648 §64; repealed by 1991 c.877 §41]

 

      316.089 [1977 c.852 §2; 1979 c.622 §2; 1985 c.521 §3; repealed by 1993 c.730 §15 (315.154 enacted in lieu of 316.089)]

 

      316.091 [1977 c.852 §3; 1979 c.622 §3; 1985 c.630 §1; repealed by 1993 c.730 §17 (315.156 enacted in lieu of 316.091, 317.148 and 318.104)]

 

      316.092 [1969 c.493 §19; repealed by 1973 c.402 §30]

 

      316.093 [1977 c.839 §8; 1979 c.412 §5a; repealed by 1987 c.769 §20]

 

      316.094 [1979 c.578 §7; 1985 c.749 §1; 1987 c.605 §1; 1989 c.887 §1; 1991 c.714 §6; 1991 c.877 §2; repealed by 1993 c.730 §7 (315.104 enacted in lieu of 316.094, 317.102 and 318.110)]

 

      316.095 [1987 c.890 §§2,3; 1989 c.953 §1; 1991 c.781 §1; 1995 c.54 §8; 2003 c.46 §38; repealed by 2011 c.83 §15]

 

      316.096 [1987 c.591 §13; 1989 c.381 §§8,11,14; 1991 c.877 §§3,4,5; 1991 c.916 §§14,16,17; 1993 c.18 §§77,78,79; repealed by 1997 c.170 §33]

 

      316.097 [See 316.480; 1973 c.831 §8; 1977 c.795 §11; 1977 c.866 §10; 1979 c.691 §6; 1981 c.408 §1; 1983 c.637 §6; 1987 c.596 §2; 1989 c.802 §2; 1991 c.877 §6; repealed by 1993 c.730 §29 (315.304 enacted in lieu of 316.097 and 317.116)]

 

      316.098 [1985 c.438 §2; 1991 c.877 §9; repealed by 1993 c.730 §13 (315.148 enacted in lieu of 316.098, 317.150 and 318.102)]

 

      316.099 Credit for early intervention services for child with disability; rules of State Board of Education. (1) As used in this section, unless the context requires otherwise:

      (a) “Child with a disability” means a qualifying child under section 152 of the Internal Revenue Code who has been determined eligible for early intervention services or is diagnosed for the purposes of special education as being mentally retarded, multidisabled, visually impaired, hard of hearing, deaf-blind, orthopedically impaired or other health impaired or as having autism, emotional disturbance or traumatic brain injury, in accordance with State Board of Education rules.

      (b) “Early intervention services” means programs of treatment and habilitation designed to address a child’s developmental deficits in sensory, motor, communication, self-help and socialization areas.

      (c) “Special education” means specially designed instruction to meet the unique needs of a child with a disability, including regular classroom instruction, instruction in physical education, home instruction and instruction in hospitals, institutions and special schools.

      (2) The State Board of Education shall adopt rules further defining “child with a disability” for purposes of this section. A diagnosis obtained for the purposes of entitlement to special education or early intervention services shall serve as the basis for a claim for the additional credit allowed under subsection (3) of this section.

      (3) In addition to the personal exemption credit allowed by this chapter for state personal income tax purposes for a dependent of the taxpayer, there shall be allowed an additional personal exemption credit for a child with a disability if the child is a child with a disability at the close of the tax year. The amount of the credit shall be equal to the amount allowed as the personal exemption credit for the dependent for state personal income tax purposes for the tax year.

      (4) Each taxpayer qualifying for the additional personal exemption credit allowed by this section may claim the credit on the personal income tax return. However, the claim shall be substantiated by any proof of entitlement to the credit as may be required by the state board by rule. [1985 c.531 §2; 1987 c.293 §15; 1989 c.224 §50a; 1989 c.491 §1; 1993 c.777 §7; 1993 c.813 §6; 1999 c.989 §29; 2001 c.114 §35; 2005 c.832 §28; 2007 c.70 §84]

 

      Note: Section 39, chapter 913, Oregon Laws 2009, provides:

      Sec. 39. A credit may not be claimed under ORS 316.099 for tax years beginning on or after January 1, 2016. [2009 c.913 §39]

 

      316.102 Credit for political contributions. (1) A credit against taxes shall be allowed for voluntary contributions in money made in the taxable year:

      (a) To a major political party qualified under ORS 248.006 or to a committee thereof or to a minor political party qualified under ORS 248.008 or to a committee thereof.

      (b) To or for the use of a person who must be a candidate for nomination or election to a federal, state or local elective office in any primary election, general election or special election in this state. The person must, in the calendar year in which the contribution is made, either be listed on a primary election, general election or special election ballot in this state or have filed in this state one of the following:

      (A) A prospective petition;

      (B) A declaration of candidacy;

      (C) A certificate of nomination; or

      (D) A designation of a principal campaign committee.

      (c) To a political committee, as defined in ORS 260.005, if the political committee has certified the name of its treasurer to the filing officer, as defined in ORS 260.005, in the manner provided in ORS chapter 260.

      (2) The credit allowed by subsection (1) of this section shall be the lesser of:

      (a) The total contribution, not to exceed $50 on a separate return; the total contribution, not to exceed $100 on a joint return; or

      (b) The tax liability of the taxpayer.

      (3) The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made. [1969 c.432 §2; 1973 c.119 §3; 1975 c.177 §1; 1977 c.268 §1; 1979 c.190 §413; 1985 c.802 §6; 1987 c.293 §16; 1989 c.986 §1; 1993 c.797 §27; 1995 c.1 §19; 1995 c.712 §104; 1999 c.999 §27]

 

      Note: Section 34, chapter 913, Oregon Laws 2009, provides:

      Sec. 34. A credit may not be claimed under ORS 316.102 for tax years beginning on or after January 1, 2014. [2009 c.913 §34]

 

      316.103 [1985 c.684 §12; 1989 c.765 §1; 1989 c.958 §10; 1991 c.877 §7; repealed by 1993 c.730 §31 (315.324 enacted in lieu of 316.103 and 317.106)]

 

      316.104 [1987 c.911 §8b; 1991 c.877 §8; repealed by 1993 c.730 §37 (315.504 enacted in lieu of 316.104 and 317.140)]

 

      316.105 [1953 c.304 §14; 1953 c.552 §5; repealed by 1969 c.493 §99]

 

      316.106 [1967 c.274 §7; repealed by 1969 c.493 §99]

 

      316.107 [1969 c.493 §20; 1973 c.402 §19; 1985 c.802 §7; repealed by 1993 c.730 §3 (315.054 enacted in lieu of 316.107)]

 

      316.108 [1967 c.118 §2; repealed by 1969 c.493 §99]

 

      316.109 Credit for tax by another jurisdiction on sale of residential property; rules. (1) If gain on the sale of residential property is taxed under this chapter, the adjusted basis of the property for purposes of this chapter shall be the same as its adjusted basis for federal income tax purposes.

      (2) A credit against the tax otherwise due under this chapter shall be allowed to the taxpayer for the amount of any taxes imposed on the taxpayer by another state of the United States, a foreign country or the District of Columbia which tax is attributable to gain that is subject to tax as described in subsection (1) of this section.

      (3) The amount of the credit allowed under subsection (2) of this section may not exceed the amount of the gain taxed by the other taxing jurisdiction multiplied by eight percent.

      (4) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by subsection (2) of this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.

      (5) Any credit allowed under subsection (2) of this section may not be applied in calculating tax due under this chapter if the tax upon which the credit is based has been claimed as a deduction for Oregon personal income tax purposes, unless the tax is restored to income on the Oregon return. [1979 c.579 §2; 1981 c.705 §2; 1995 c.54 §10; 2001 c.114 §36]

 

      316.110 [1953 c.304 §15; 1953 c.552 §6; 1957 c.582 §1; 1961 c.506 §1; 1963 c.253 §1; repealed by 1969 c.493 §99]

 

      316.111 [1965 c.360 §2; repealed by 1969 c.493 §99]

 

      316.112 [1959 c.211 §2; 1963 c.627 §5 (referred and rejected); repealed by 1969 c.493 §99]

 

      316.113 [1967 c.61 §2; repealed by 1969 c.493 §99]

 

      316.114 [1967 c.449 §2; repealed by 1969 c.493 §99]

 

      316.115 [1953 c.304 §16; 1959 c.555 §1; subsection (4) derived from 1959 c.555 §2; repealed by 1969 c.493 §99]

 

      316.116 Credit for alternative energy device or alternative fuel vehicle; rules. (1)(a) A resident individual shall be allowed a credit against the taxes otherwise due under this chapter for costs paid or incurred for construction or installation of each of one or more alternative energy devices in a dwelling.

      (b) A resident individual shall be allowed a credit against the taxes otherwise due under this chapter for costs paid or incurred to modify or purchase an alternative fuel vehicle or related equipment.

      (c) A credit against the taxes otherwise due under this chapter is not allowed for an alternative energy device that does not meet or exceed all applicable federal, state and local requirements for energy efficiency, including equipment codes, the state building code, specialty codes and any other standards.

      (2)(a) In the case of a category one alternative energy device that is not an alternative fuel device, the credit shall be based upon the first year energy yield of the alternative energy device that qualifies under ORS 469B.100 to 469B.118. The amount of the credit shall be the same whether for collective or noncollective investment.

      (b) The credit allowed under this section for each category one alternative energy device for each dwelling may not exceed the lesser of $1,500 or the first year energy yield in kilowatt hours per year multiplied by 60 cents per dwelling utilizing the alternative energy device used for space heating, cooling, electrical energy or domestic water heating for tax years beginning on or after January 1, 1998.

      (c) For each category one alternative energy device used for swimming pool, spa or hot tub heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year’s energy yield in kilowatt hours per year multiplied by 15 cents, whichever is lower, up to $1,500 for tax years beginning on or after January 1, 1998.

      (d) For each alternative fuel device, the credit allowed under this section is 25 percent of the cost of the alternative fuel device but the total credit shall not exceed $750 if the device is placed in service on or after January 1, 1998.

      (e)(A) For each category two alternative energy device that is a solar electric system or fuel cell system, the credit allowed under this section may not exceed the lesser of $3 per watt of installed output or $6,000. The State Department of Energy may by rule provide for a lesser amount of incentive as market conditions warrant, taking into consideration factors including the availability of bulk purchasing of alternative energy devices.

      (B) For each category two alternative energy device that is a wind electric system, the credit allowed under this section may not exceed the lesser of $6,000 or the first year energy yield in kilowatt hours per year multiplied by $2.

      (C) Notwithstanding subparagraph (A) or (B) of this paragraph, the total amount of the credits allowed in any one tax year may not exceed the tax liability of the taxpayer or $1,500 for each alternative energy device, whichever is less. Unused credit amounts may be carried forward as provided in subsection (6) of this section, but may not be carried forward to a tax year that is more than five tax years following the first tax year for which any credit was allowed with respect to the category two alternative energy device that is the basis for the credit.

      (D) Notwithstanding subparagraph (A) or (B) of this paragraph, the total amount of the credit for each device allowed under this paragraph may not exceed 50 percent of the total installed cost of the category two alternative energy device.

      (3) To qualify for a credit under this section, all of the following are required:

      (a) The alternative energy device must be purchased, constructed, installed and operated in accordance with ORS 469B.100 to 469B.118 and a certificate issued thereunder.

      (b) The taxpayer who is allowed the credit must be the owner or contract purchaser of the dwelling or dwellings served by the alternative energy device or the tenant of the owner or of the contract purchaser and must:

      (A) Use the dwelling or dwellings served by the alternative energy device as a principal or secondary residence; or

      (B) Rent or lease, under a residential rental agreement, the dwelling or dwellings to a tenant who uses the dwelling or dwellings as a principal or secondary residence.

      (c) In the case of an alternative fuel device, unless the verification form and certificate are transferred as authorized under ORS 469B.106 (9), the taxpayer who is allowed the credit must be the contractor who constructs the dwelling that incorporates the alternative fuel device into the dwelling or installs the fueling station in the dwelling.

      (d) The credit must be claimed for the tax year in which the alternative energy device was purchased if the device is operational by April 1 of the next following tax year.

      (e) If the alternative fuel vehicle is a gasoline-electric hybrid vehicle not designed for electric plug-in charging, it must be purchased before January 1, 2010.

      (4) The credit provided by this section does not affect the computation of basis under this chapter.

      (5) The total credits allowed under this section in any one year may not exceed the tax liability of the taxpayer.

      (6) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer’s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter.

      (7) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

      (8) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer’s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

      (9) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

      (10) A husband and wife who file separate returns for a taxable year may each claim a share of the tax credit that would have been allowed on a joint return in proportion to the contribution of each. However, a husband or wife living in a separate principal residence may claim the tax credit in the same amount as permitted a single person.

      (11) As used in this section, unless the context requires otherwise:

      (a) “Collective investment” means an investment by two or more taxpayers for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

      (b) “Noncollective investment” means an investment by an individual taxpayer for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

      (c) “Taxpayer” includes a transferee of a verification form under ORS 469B.106 (9).

      (12) Notwithstanding any provision of subsection (1) or (2) of this section, the sum of the credit allowed under subsection (1) of this section plus any similar credit allowed for federal income tax purposes may not exceed the cost to the taxpayer for the acquisition, construction and installation of the alternative energy device. [1977 c.196 §8; 1979 c.670 §2; 1981 c.894 §3; 1983 c.684 §14; 1983 c.768 §1; 1987 c.492 §1; 1989 c.626 §6; 1989 c.880 §§9,11; 1995 c.746 §19; 1997 c.325 §41; 1997 c.534 §3; 1999 c.21 §41; 1999 c.623 §1; 2005 c.832 §5; 2007 c.843 §29; 2009 c.909 §47; 2011 c.730 §69]

 

      Note: Section 5a, chapter 832, Oregon Laws 2005, provides:

      Sec. 5a. (1) A taxpayer may not be allowed a credit under ORS 316.116 if the first tax year for which the credit would otherwise be allowed with respect to an alternative energy device begins on or after January 1, 2018.

      (2) A taxpayer may not be allowed a credit under ORS 316.116 if the first tax year for which the credit would otherwise be allowed with respect to an alternative fuel vehicle or related equipment begins on or after January 1, 2012. [2005 c.832 §5a; 2007 c.843 §35; 2009 c.913 §12; 2011 c.83 §16; 2011 c.730 §67]

 

      Note: Sections 74 and 75, chapter 730, Oregon Laws 2011, provide:

      Sec. 74. The amendments to ORS 316.116, 469.160 [renumbered 469B.100], 469.165 [renumbered 469B.103], 469.170 [renumbered 469B.106] and 469.172 [renumbered 469B.112] by sections 69 to 72 of this 2011 Act apply to alternative energy devices certified by the State Department of Energy on or after January 1, 2012, and to tax years beginning on or after January 1, 2012. [2011 c.730 §74]

      Sec. 75. The State Department of Energy may not issue certifications for more than $10 million in potential tax credits for third-party alternative energy device installations in any tax year. [2011 c.730 §75]

 

(Temporary provisions relating to tax credit for manufactured dwelling park closures)

 

      Note: Sections 17 and 18, chapter 906, Oregon Laws 2007, provide:

      Sec. 17. (1) As used in this section:

      (a) “Household” has the meaning given that term in ORS 310.630.

      (b) “Manufactured dwelling” has the meaning given that term in ORS 446.003.

      (c) “Manufactured dwelling park” means a place within this state where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee.

      (d) “Rental agreement” means a contract under which an individual rents space in a manufactured dwelling park for siting a manufactured dwelling.

      (2) A credit of $5,000 against the taxes otherwise due under this chapter is allowed to an individual who:

      (a) Rents space in a manufactured dwelling park for a manufactured dwelling that is owned and occupied by the individual as the individual’s principal residence on the date that the landlord delivers notice that the park, or a portion of the park, is being closed and the rental agreement for the space is being terminated because of the exercise of eminent domain, by order of a federal, state or local agency or by the landlord; and

      (b) Ends tenancy at the manufactured dwelling park site in response to the delivered notice described in paragraph (a) of this subsection.

      (3) For purposes of subsection (2) of this section:

      (a) Tenancy by the individual at the manufactured dwelling park site ends on the last day that a member of the individual’s household occupies the manufactured dwelling at the manufactured dwelling park site; and

      (b) Tenancy by the individual at the manufactured dwelling park site does not end if the manufactured dwelling park is converted to a subdivision under ORS 92.830 to 92.845 and the individual buys a space or lot in the subdivision or sells the manufactured dwelling to a person who buys a space or lot in the subdivision.

      (4) Notwithstanding subsection (2) of this section, if the manufactured dwelling park, or a portion of the park, is being closed and the rental agreement of the individual is being terminated because of the exercise of eminent domain, the credit amount allowed to the individual is the amount described in subsection (2) of this section, reduced by any amount that was paid to the individual as compensation for the exercise of eminent domain.

      (5) An individual may not claim more than one credit under this section for tenancies ended during the tax year.

      (6) If, for the year in which the individual ends the tenancy at the manufactured dwelling park, the amount of the credit allowed by this section, when added to the sum of the amounts allowable as payment of tax under ORS 316.187 and 316.583 plus other tax prepayment amounts and other refundable credit amounts, exceeds the taxes imposed by this chapter or ORS chapter 314 for the tax year, reduced by any nonrefundable credits allowable for purposes of this chapter for the tax year, the amount of the excess shall be refunded to the individual as provided in ORS 316.502.

      (7) If more than one individual in a household qualifies under this section to claim the tax credit, the qualifying individuals may each claim a share of the available credit that is in proportion to their respective gross incomes for the tax year. [2007 c.906 §17]

      Sec. 18. Section 17, chapter 906, Oregon Laws 2007, applies to individuals whose household ends tenancy at a manufactured dwelling park during a tax year that begins on or after January 1, 2007, and before January 1, 2014. [2007 c.906 §18; 2009 c.913 §33]

 

TAXATION OF NONRESIDENTS

 

      316.117 Proration between Oregon income and other income for nonresidents, part-year residents and trusts. (1) Except as provided under subsection (2) of this section, the proportion for making a proration for nonresident taxpayers of the standard deduction or itemized deductions, the personal exemption credits and any accrued federal or foreign income taxes, or for part-year resident taxpayers of the amount of the tax, between Oregon source income and income from all other sources is the federal adjusted gross income of the taxpayer from Oregon sources divided by the taxpayer’s federal adjusted gross income from all sources. If the numerator of the fraction described in this subsection is greater than the denominator, the proportion of 100 percent shall be used in the proration required by this section. As used in this subsection, “federal adjusted gross income” means the federal adjusted gross income of the taxpayer with the additions, subtractions and other modifications to federal taxable income that relate to adjusted gross income for personal income tax purposes.

      (2) For part-year resident trusts, the proration made under this section shall be made by reference to the taxable income of the fiduciary. [1969 c.493 §21; 1971 c.672 §1; 1973 c.269 §1; 1975 c.672 §5; 1977 c.872 §5; 1981 c.801 §4; 1983 c.684 §15; 1985 c.141 §5; 1987 c.293 §17; 1999 c.580 §5]

 

      316.118 Pro rata share of S corporation income of nonresident shareholder. (1) The pro rata share of S corporation income of a nonresident shareholder constitutes income or loss derived from or connected with sources in this state as provided in ORS 316.127 (5).

      (2) In determining the pro rata share of S corporation income of a nonresident shareholder, there shall be included only that part derived from or connected with sources in this state of the shareholder’s distributive share of items of S corporation income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the shareholder, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules under ORS 316.127.

      (3) Any modifications, additions or subtractions to federal taxable income described in this chapter that relates to an item of S corporation income, gain, loss or deduction (or item thereof) shall be made in accordance with the shareholder’s pro rata share, for federal income tax purposes of the item to which the modification, addition or subtraction relates, but limited to the portion of such item derived from or connected with sources in this state.

      (4) A nonresident shareholder’s pro rata share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.734 (1). The character of shareholder items for a nonresident shareholder shall be determined under ORS 314.734 (2). [1989 c.625 §52; 1991 c.877 §11]

 

      316.119 Proration of part-year resident’s income between Oregon income and other income; alternative proration for pass-through entity items. (1) Except as provided in subsection (2) of this section, for purposes of ORS 316.117, the adjusted gross income of a part-year resident from Oregon sources is the sum of the following:

      (a) For the portion of the year in which the taxpayer was a resident of Oregon, the taxpayer’s entire adjusted gross income.

      (b) For the portion of the year in which the taxpayer was a nonresident, the taxpayer’s adjusted gross income derived from sources within this state, as determined under ORS 316.127.

      (2) For purposes of ORS 316.117, the adjusted gross income of a part-year resident with federal adjusted gross income that includes an item of income, gain, loss, deduction or credit from a pass-through entity shall include the sum of the following:

      (a) The total amount of the item that is taken into account in federal adjusted gross income, multiplied by the ratio of the number of days the taxpayer was a resident of Oregon during the tax year of the entity over the total number of days in the tax year of the entity; and

      (b) The total amount of the item that is taken into account in federal adjusted gross income and that is derived from or connected with sources within this state, as determined under ORS 316.127, multiplied by the ratio of the number of days the taxpayer was a nonresident of Oregon during the tax year of the entity over the total number of days in the tax year of the entity.

      (3) As used in subsection (2) of this section:

      (a) “Pass-through entity” means any entity that is recognized as a separate entity for federal income tax purposes, for which the owners are required to report income, gains, losses, deductions or credits from the entity for federal income tax purposes.

      (b) “Tax year of the entity” means the tax year of the pass-through entity that ends within the tax year of the taxpayer. [1993 c.726 §31; 2005 c.55 §1]

 

      316.122 Separate or joint determination of income for husband and wife. (1) If the federal taxable income of husband and wife (one being a part-year resident and the other a nonresident) is determined on a joint federal return, their taxable income in this state shall be separately determined, unless they elect to file a joint return, in which case their tax on their joint income shall be determined in this state pursuant to ORS 316.037 (3).

      (2) If the federal taxable income of husband and wife (one being a full-year resident and the other a part-year resident) is determined on a joint federal return, their taxable income in this state shall be separately determined, unless they elect to file a joint return, in which case their tax on their joint income shall be determined in this state pursuant to ORS 316.037 (2).

      (3) If the federal taxable income of husband and wife (one being a full-year resident and the other a nonresident) is determined on a joint federal return, their taxable income in the state shall be separately determined, unless they elect to file a joint return, in which case their tax on their joint income shall be determined in this state pursuant to ORS 316.037 (3).

      (4) For purposes of computing the tax of a husband and wife under this section, if one of the spouses is a full-year resident individual, then as used in ORS 316.037 (2) or (3), that spouse’s taxable income derived from Oregon sources is that spouse’s entire federal taxable income, defined in the laws of the United States, with the modifications, additions and subtractions provided in this chapter and other laws of this state applicable to personal income taxation.

      (5) The provisions of ORS 316.367 with respect to joint returns apply if both husband and wife are part-year residents or full-year nonresidents. [1969 c.493 §22; 1985 c.802 §8; 1987 c.647 §3; 1999 c.580 §6]

 

      316.124 Determination of adjusted gross income of nonresident partner. (1) In determining the adjusted gross income of a nonresident partner of any partnership, there shall be included only that part derived from or connected with sources in this state of the partner’s distributive share of items of partnership income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the partner, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules in ORS 316.127.

      (2) In determining the sources of a nonresident partner’s income, no effect shall be given to a provision in the partnership agreement which:

      (a) Characterizes payments to the partner as being for services or for the use of capital, or allocated to the partner, as income or gain from sources outside this state, a greater proportion of the partner’s distributive share of partnership income or gain than the ratio of partnership income or gain from sources outside this state to partnership income or gain from all sources, except as authorized in subsection (4) of this section; or

      (b) Allocates to the partner a greater proportion of a partnership item of loss or deduction connected with sources in this state than the proportionate share of the partner, for federal income tax purposes, of partnership loss or deduction generally, except as authorized in subsection (4) of this section.

      (3) Any modification to federal taxable income described in this chapter that relates to an item of partnership income, gain, loss or deduction (or item thereof) shall be made in accordance with the partner’s distributive share, for federal income tax purposes of the item to which the modification relates, but limited to the portion of such item derived from or connected with sources in this state.

      (4) The department may, on application, authorize the use of such other methods of determining a nonresident partner’s portion of partnership items derived from or connected with sources in this state, and the modifications related thereto, as may be appropriate and equitable, on such terms and conditions as it may require.

      (5) A nonresident partner’s distributive share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.714 (2). The character of partnership items for a nonresident partner shall be determined under ORS 314.714 (1). [1989 c.625 §32 (enacted in lieu of 316.352)]

 

      316.125 [1953 c.304 §17; repealed by 1969 c.493 §99]

 

      316.127 Income of nonresident from Oregon sources. (1) The adjusted gross income of a nonresident derived from sources within this state is the sum of the following:

      (a) The net amount of items of income, gain, loss and deduction entering into the nonresident’s federal adjusted gross income that are derived from or connected