Oregon Administrative Code

150-311-0720 Taxes Unpaid Before Approval of Senior Deferral Application (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 a…

150-311-0730 Data Requirements for Property Description on Special Assessments Application (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 …

150-311-0740 Recording Special Assessment Deferral Liens in County; Lien Constitutes Notice of State Lien 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 …

150-311-0750 Assessment District’s Responsibility to Collect Payments (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 di…

150-311-0760 Process for Determining Recipient of Property Tax Refund (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 r…

150-311-0770 Refunds Paid from the Unsegregated Tax Account 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 …

150-311-0780 Credit Balance Adjustment (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 amou…

150-311-0790 Refund Reserve Account 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. Statuto…

150-311-0800 Calculation of Interest on Refund (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 pay…

150-311-0810 Value Used to Activate Refund Reserve Account 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 …

150-311-0820 Prepayment of Ad Valorem Taxes, Computation of Accrued Interest, Allocation of Pay (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…

150-311-0830 Determination of the Real Market Value Reduction Amount 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…

150-312-0010 Interest Calculated to the Date of Publication (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, unt…

150-312-0020 Monthly Interest Calculated on All Years in the Foreclosure Process Until Judgment Is Taken 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 outline…

150-312-0030 Mailing of Notice of Foreclosure Proceeding 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. S…

150-312-0040 Five Percent Foreclosure Penalty 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 …

150-314-0005 Period of Computation of Taxable Income (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 Or…

150-314-0010 Mitigation of Effect of Limitations and Other Provisions 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 determi…

150-314-0012 Determination by Agreement (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 defi…

150-314-0025 Pollution Control Facilities: Revocation of Certificate 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…

150-314-0027 Pollution Control Facilities: Facilities Not Eligible for Tax Credit 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…

150-314-0035 Formula for Apportionment of Lobbying Expenses Subject to Proxy Tax 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 …

150-314-0040 Withholding on Real Property Conveyances (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 s…

150-314-0045 REMIC Filing Requirements 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 Inc…

150-314-0047 REMIC Income Taxable to Nonresidents (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 …

150-314-0055 Change in Methods of Accounting or Reporting 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 reflec…

150-314-0060 Election to Use Alternative Apportionment Weightings by Taxpayers Engaged in Utilities or Telecommunications; Revocation of Election (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-weigh…

150-314-0062 Apportionment and Allocation of Income of Financial Organizations and Public Utilities from Business Activities Within and Without Oregon (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…

150-314-0064 Definitions (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 incorpo…

150-314-0066 Apportionment and Allocation of Income Generally The provisions of OAR 150-314-0345 to 150-314-0351, 150-314-0365 to 150-314-0369, 150-314-0380 and ORS 314.650 are by this reference incorporated herein and made a part of this OAR 150-314-0066. Statutory/Other Authori…

150-314-0068 Allocation of Income The provisions of ORS 314.625 to 314.645, inclusive, are by this reference incorporated herein and made a part of this OAR 150-314-0068. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 314.280 History: Renumbered from 150-3…

150-314-0070 Apportionment Factors Generally (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 o…

150-314-0072 Apportionment Factors 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 …

150-314-0074 Modified Factors for Carriers of Freight or Passengers: General Rule (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.…

150-314-0076 Modified Factors for Carriers of Freight or Passengers: Special Rules — Railroads (1) In General. Where a railroad has income from sources both within and without this state, the amount of apportionable income from sources within this state must be determined pursuan…

150-314-0078 Modified Factors for Carriers of Freight or Passengers: Special Rules — Airlines (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 O…

150-314-0080 Modified Factors for Carriers of Freight or Passengers: Special Rules — Trucking Companies (1) In General. As used in this rule, the term “trucking company” means a motor common carrier, a motor contract carrier, or an express carrier that primarily transports tangib…

150-314-0082 Modified Factors for Companies Engaged in Sea Transportation Service (1) Sea transportation services within this rule include the activities of steamship companies substantially engaged in interstate or international commerce which derive income within and partly fro…

150-314-0084 Modified Factors for Companies Involved in Interstate River Transportation Service (1) A taxpayer involved in interstate river transportation will calculate its Oregon income under the provisions of ORS 314.610 to 314.665 except as modified by this rule. Apportionabl…

150-314-0086 Other Methods: Limited Application (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 t…

150-314-0088 Modified Factors for Financial Institutions (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 bot…

150-314-0090 Public Utilities: Sale of Commodities (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 ph…

150-314-0100 Disallowance of Certain Intercompany Transactions Involving Intangible Assets (1) The provisions of section (3) of this rule apply in situations where: (a) An intangible asset is owned by one corporation, organization, trade or business (the owner) and used by anothe…

150-314-0105 Farm Income Averaging (1)(a) Overview. An individual engaged in a farming business may elect to compute his or her current year (election year) income tax liability under ORS Chapter 316 by averaging, over the prior three-year period (base years), all or a portion of…

150-314-0110 Allocation of Oregon Modifications to Passive Activity Losses (1) Oregon Passive Activity Loss. The Oregon passive activity loss shall be equal to the federal passive activity loss (defined in IRC Section 469(d)) as modified by the additions, subtractions, modificati…

150-314-0115 Interest on Deferred Oregon Tax Liability with Respect to Installment Obligations (1) Corporations with income from business activity taxable both within and without this state must compute interest on deferred Oregon tax liability with respect to installment obligat…

150-314-0120 Reduction of Tax Attributes after Discharge of Debt (1) A taxpayer who has excluded income from the discharge of indebtedness for federal tax purposes under IRC 108 must also exclude the income for Oregon purposes. Separate rules apply depending on whether the discha…

150-314-0125 Listed Transaction Reporting Requirement (1) For tax years beginning on or after January 1, 2007, taxpayers who engage in or receive a tax benefit from participation in reportable transactions as defined under section 2, chapter 568, Oregon Laws 2007 are required to …

150-314-0130 Definition: Final Determination An order of the director of the department or a court decision becomes final after all periods of appeal have expired. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 314.330 History: Renumbered from 150-314.330(…

150-314-0135 Returns When Accounting Period Changed (1) A return may not be made for a period of more than one year. A separate return for a fractional part of a year is therefore required whenever there is a change. If a change in accounting period requested by the taxpayer has …