Chapter 315 — Chapter 315
204 sections in this chapter.
ORS 315.266 Earned income; use of individual taxpayer identification number in alternative; rules. (1)(a) In addition to any other credit available for purposes of ORS chapter 316, an eligible resident individual shall be allowed a credit against the tax otherwise due under ORS chapter 316 for the tax year in an amount equal to nine percent of the earned income credit allowable to the individual for the same tax year under section 32 of the Internal Revenue Code
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(b) Notwithstanding paragraph (a) of this subsection, for a taxpayer with a dependent under the age of three at the close of the tax year, the credit allowed under this section shall be in an amount equal to 12 percent of the earned income credit allowable to the individual for t…
ORS 315.270 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.271 Individual development accounts. (1) A credit against taxes otherwise due under ORS chapter 316, 317 or 318 shall be allowed for donations to a fiduciary organization for distribution to individual development accounts established under ORS 458.685. The credit shall equal a percentage of the taxpayer’s donation amount, as determined by the fiduciary organization, but not to exceed 90 percent of any donation amount. A credit may be claimed for a donation made not later than April 15 following December 31 of the tax year for which the credit is allowed
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(2) If a credit allowed under this section is claimed, the amount upon which the credit is based that is allowed or allowable as a deduction from federal taxable income under section 170 of the Internal Revenue Code shall be added to federal taxable income in determining Oregon t…
ORS 315.272 Certain individual development account withdrawals. (1) An individual taxpayer shall be allowed a credit against the taxes that are otherwise due under ORS chapter 316 if, during the tax year
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(a) The taxpayer purchased a primary residence; (b) All or a part of the usual and reasonable settlement, financing or other closing costs for the purchase were funded from a withdrawal from an individual development account in which the taxpayer is the account holder; and (c) An…
ORS 315.273 Qualifying child of taxpayer. (1) As used in this section
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(a) “Dependent” means an individual who is under the age of six years at the close of the tax year and who is a dependent of a taxpayer as described in section 152(a) of the Internal Revenue Code, determined without regard to section 152(b)(3) of the Internal Revenue Code. (b) “Q…
ORS 315.274 [1999 c.1088 §2; 2001 c.660 §57; 2003 c.77 §13; repealed by 2011 c.83 §13]
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[Repealed or reserved.]
ORS 315.275 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.276 Quarterly payments based on annual advance amount. (1) The Department of Revenue shall establish by rule a program for making quarterly payments to taxpayers that, in the aggregate during any calendar year, equal the annual advance amount determined under subsection (2) of this section with respect to a taxpayer for the calendar year. Except as provided in subsection (2)(c)(B) of this section, the periodic payments made to any taxpayer for any calendar year shall be in equal amounts. Quarterly payments under this section may be made only to taxpayers confirmed by the department to be Oregon residents
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(2)(a) Except as otherwise provided in this subsection, the annual advance amount applicable to a taxpayer for any calendar year shall be calculated as 50 percent of the amount that would be allowed under ORS 315.273 for the tax year beginning in that calendar year assuming the f…
ORS 315.278 Reconciliation of quarterly payment amounts. (1) The Department of Revenue, in reviewing the personal income tax returns of all individuals who have received payments under ORS 315.276, shall
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(a) Confirm that, for the tax year during which payments began as provided under ORS 315.279, the taxpayer has claimed a credit under ORS 315.273; (b) Reconcile the amounts claimed under ORS 315.273 against the amounts disbursed under ORS 315.276 and against the taxpayer’s underl…
ORS 315.279 Commencement of quarterly payments. The Department of Revenue shall begin quarterly payments under ORS 315.276 during the second year immediately following the year in which ORS 315.276 becomes operative under section 5, chapter 538, Oregon Laws 2023, and shall continue to make quarterly payments in each year thereafter, provided that the payments continue not to affect eligibility for federal public assistance programs, under a waiver described in section 6, chapter 538, Oregon Laws 2023, or another condition described in section 5 (2), chapter 538, Oregon Laws 2023. [2023 c.538 §4]
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Note: Sections 1, 5 and 11, chapter 538, Oregon Laws 2023, provide: Sec. 1. Sections 2 to 5 of this 2023 Act [315.273 to 315.279 and section 5] are added to and made a part of ORS chapter 315. [2023 c.538 §1] Sec. 5. Section 3 of this 2023 Act [315.276] becomes operative 30 days …
ORS 315.280 [Amended by 1953 c.148 §3; repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.281 Definitions for credit allowed for sale of publicly supported housing. As used in ORS 315.281 to 315.291
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(1) “Affordability restriction” has the meaning given that term in ORS 456.766. (2) “Identity of interest” means a relationship in which a purchaser and seller are related by blood or marriage or are affiliated through a business relationship. (3) “Publicly supported housing” has…
ORS 315.283 Sale of publicly supported housing; rules. (1) A taxpayer is allowed a credit against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318 for a qualifying sale in Oregon of publicly supported housing during the tax year. The amount of the credit allowed under this section may not exceed
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(a) For housing owned by the taxpayer for at least five years, 2.5 percent of the lesser of the housing’s sale price or the appraisal under ORS 315.286 (2)(e); or (b) For housing owned by the taxpayer for at least 10 years, five percent of the lesser of the housing’s sale price o…
ORS 315.285 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.286 Reservation of credit; application to Housing and Community Services Department. (1) Before purchasing a property that is publicly supported housing, a purchaser intending to reserve the credit allowed under ORS 315.283 on behalf of the seller shall apply to the Housing and Community Services Department for a reservation
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(2) The application for a reservation under this section must be on a form prescribed by the Housing and Community Services Department and must provide: (a) The name, address and taxpayer identification number of the seller and of the purchaser; (b) The location of the publicly s…
ORS 315.288 [2023 c.490 §21; repealed by 2024 c.52 §8]
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[Repealed or reserved.]
ORS 315.290 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.291 Calendar year limitation on credits allowed all taxpayers. The total amount certified by the Housing and Community Services Department for tax credits for affordable housing under ORS 315.283 may not exceed $3 million for all taxpayers for any calendar year. [2023 c.490 §22]
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[Repealed or reserved.]
ORS 315.295 [Repealed by 1965 c.26 §6]
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ENVIRONMENT AND ENERGY
ORS 315.304 Pollution control facilities. (1) A credit against taxes imposed by ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318) for a pollution control facility or facilities certified under ORS 468.170 shall be allowed if the taxpayer qualifies under subsection (4) of this section
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(2) For a facility certified under ORS 468.170, the maximum credit allowed in any one tax year shall be the lesser of the tax liability of the taxpayer or the applicable percentage of the certified cost of the facility, as determined under ORS 468.173 or 468.183, multiplied by th…
ORS 315.305 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.310 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.311 [1995 c.746 §33; 1997 c.325 §40; repealed by 2011 c.83 §13]
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[Repealed or reserved.]
ORS 315.315 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.320 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.324 [1993 c.730 §32 (enacted in lieu of 316.103 and 317.106); 1995 c.746 §7; repealed by 2011 c.83 §13]
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[Repealed or reserved.]
ORS 315.325 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.326 Renewable energy development contributions; auction of tax credits; certification; rules. (1) A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, is allowed to a taxpayer for certified renewable energy development contributions made by the taxpayer during the tax year to the Renewable Energy Development Subaccount, established in ORS 470.805, of the Clean Energy Deployment Fund established in ORS 470.800
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(2)(a) The Department of Revenue shall, in cooperation with the State Department of Energy, conduct an auction of tax credits under this section. The auction may be conducted no later than April 15 following December 31 of any tax year for which the credit is allowed. The departm…
ORS 315.329 Funding in lieu of tax credit certification. (1) In any fiscal year, the amount of tax credits allowed under ORS 315.326 may be reduced or eliminated, and the Legislative Assembly may, no later than 30 days prior to the end of each fiscal year, in lieu of the issuance of certifications for tax credit under ORS 315.326 by the State Department of Energy, make an appropriation to the State Department of Energy for deposit into the Renewable Energy Development Subaccount, established in ORS 470.805, of the Clean Energy Deployment Fund established in ORS 470.800. Moneys deposited under this section are to be used only for purposes related to renewable energy development
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(2) After a tax credit certificate has been sold as provided in ORS 315.326, the State Department of Energy may not revoke the certificate. [2011 c.730 §24; 2012 c.45 §3]
ORS 315.330 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.331 Energy conservation projects. (1) A credit is allowed against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, for an energy conservation project that is certified under ORS 469B.270 to 469B.306. The credit is allowed as follows
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(a) Except as provided in ORS 469B.298 and in paragraph (b) of this subsection, the credit allowed in each of the first two tax years in which the credit is claimed shall be 10 percent of the certified cost of the facility, but may not exceed the tax liability of the taxpayer. Th…
ORS 315.335 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.336 Transportation projects. (1) A credit is allowed against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, for a transportation project, based upon the certified cost of the project during the period for which the project is certified under ORS 469B.320 to 469B.347
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(2) The credit allowed for a project other than an alternative fuel vehicle project shall be as follows: (a) For tax years beginning on or after January 1, 2011, and before January 1, 2012, the maximum allowed credit shall be: (A) 35 percent of certified cost, if a preliminary ce…
ORS 315.340 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.341 Renewable energy resource equipment manufacturing facilities. (1) A credit is allowed against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318), based upon the certified cost of a renewable energy resource equipment manufacturing facility during the period for which the facility is certified under ORS 285C.540 to 285C.559. The credit allowed under this section in each of five succeeding tax years shall be 10 percent of the certified cost of the facility, but may not exceed the tax liability of the taxpayer
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(2) In order for a tax credit to be allowable under this section: (a) The facility must be located in Oregon; (b) The facility must have received: (A) Final certification from the Director of the Oregon Business Development Department under ORS 285C.540 to 285C.559; or (B) Final …
ORS 315.345 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.350 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.354 Energy conservation facilities. (1) A credit is allowed against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318), based upon the certified cost of the facility during the period for which that facility is certified under ORS 469B.130 to 469B.169. The credit is allowed as follows
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(a) Except as provided in paragraph (b) or (c) of this subsection, the credit allowed in each of the first two tax years in which the credit is claimed shall be 10 percent of the certified cost of the facility, but may not exceed the tax liability of the taxpayer. The credit allo…
ORS 315.355 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.356 Other grants as offset to cost of energy conservation facility; changes in eligibility for participation in other programs. (1) If a taxpayer obtains a grant from the federal government in connection with a facility that has been certified by the Director of the State Department of Energy, the total cost of the facility shall be reduced on a dollar for dollar basis. Any income or excise tax credits that the taxpayer would be entitled to under ORS 285C.540 to 285C.559, 315.341, 315.354 and 469B.130 to 469B.169 after any reduction described in this subsection may not be reduced by the federal grant. A taxpayer applying for a federal grant shall notify the Department of Revenue by certified mail within 30 days after each application, and after the receipt of any grant
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(2) A taxpayer, or an applicant who is otherwise eligible, is eligible to participate in both this tax credit program and low interest, government-sponsored loans. (3) A taxpayer who receives a tax credit or property tax relief on a pollution control facility or an alternative en…
ORS 315.357 Time limit applicable to energy conservation tax credit. (1) For a facility other than a renewable energy resource equipment manufacturing facility, a taxpayer may not be allowed a credit under ORS 315.354 unless the taxpayer
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(a) Files an application for preliminary certification under ORS 469B.145 on or before April 15, 2011; (b) Receives preliminary certification under ORS 469B.157 before July 1, 2011; and (c) Receives final certification under ORS 469B.161 before January 1, 2013, or has demonstrate…
ORS 315.360 [Amended by 1953 c.132 §3; repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.365 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.455 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.460 [Repealed by 1965 c.26 §6]
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[Repealed or reserved.]
ORS 315.465 Biofuels and fuel blends. (1) As used in this section and ORS 315.469
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(a) “Alternative fuel vehicle” means a motor vehicle that can operate on a fuel blend. (b) “Biodiesel” has the meaning given that term in ORS 646.905. (c) “Biomass” has the meaning given that term in ORS 315.141. (d) “Bone dry ton” means matter that is dried to less than one perc…
ORS 315.469 Biodiesel used in home heating. (1) A resident individual shall be allowed a tax credit against the taxes otherwise due under ORS chapter 316 for costs paid or incurred to purchase fuel for primary home space heating that is at least 20 percent biodiesel. The credit allowed under this section is the lesser of five cents per gallon or $200
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(2) The credit allowed in any one tax year may not exceed the tax liability of the taxpayer and may not be carried forward to a subsequent tax year. (3) For each tax year for which a credit is claimed under this section, the taxpayer shall maintain records sufficient to determine…
ORS 315.504 [1993 c.730 §38 (enacted in lieu of 316.104 and 317.140); repealed by 2005 c.80 §7]
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[Repealed or reserved.]
ORS 315.505 [Repealed by 1965 c.26 §6]
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ECONOMIC DEVELOPMENT
ORS 315.506 New business facility in reservation enterprise zone or reservation partnership zone. (1) A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, is allowed to an eligible business that is operating a new business facility in a reservation enterprise zone or a reservation partnership zone
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(2) The amount of the credit allowed to the eligible business shall equal: (a) The amount of tribal property tax imposed on a new business facility of an eligible business that is paid or incurred by the eligible business during the income or corporate excise tax year of the elig…