Chapter 316 — Chapter 316

ORS 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]

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ORS 316.003 Goals. (1) The goals of the Legislative Assembly are to achieve for the people of this state a tax system that recognizes

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ORS 316.005 [1953 c.304 §1; repealed by 1969 c.493 §99]

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

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ORS 316.010 [1953 c.304 §2; 1953 c.552 §1; repealed by 1969 c.493 §99]

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ORS 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

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ORS 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]

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

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c.304 §3; 1953 c.552 §2; 1959 c.211 §3; 1959 c.593 §1 (referred and rejected); 1963 c.627 §2 (referred and rejected); repealed by 1969 c.493 §99; amended by 1969 c.520 §41]

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ORS 316.016 [1973 c.119 §2; repealed by 1975 c.672 §8]

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ORS 316.017 [1969 c.493 §3a; repealed by 1969 c.493 §3b]

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ORS 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]

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ORS 316.019 [1985 c.802 §46; repealed by 1997 c.839 §69]

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ORS 316.020 [1953 c.304 §4; repealed by 1969 c.493 §99]

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

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

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

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ORS 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]

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ORS 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)]

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ORS 316.026 Charitable contributions or activities not to be used for domicile or resident status determination. The Department of Revenue may not use the charitable contributions or activities of an individual or the individual’s spouse, whether performed inside or outside this state, for the purposes of determining the individual’s domicile or resident status under this chapter. [2018 c.52 §2]

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

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ORS 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

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ORS 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]

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ORS 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)]

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ORS 316.031 Net operating loss subtraction allowed to taxpayer doing business in agricultural sector. (1) As used in this section, “eligible taxpayer” means a taxpayer primarily doing business in 2017 North American Industry Classification System code 111, crop production, or code 112, animal production and aquaculture

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ORS 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

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

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ORS 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

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

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ORS 316.042 Amount of tax where joint return used. In the case of a joint return of spouses in a marriage, 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 spouses in a marriage. [1969 c.493 §12; 1975 c.674 §2; 1987 c.293 §7; 1987 c.647 §10; 2015 c.629 §40]

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ORS 316.043 Tax rates allowed for certain qualifying income; conditions; election. (1) As used in this section

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ORS 316.044 Estimates by Legislative Revenue Officer; reports; adjustment of rates. (1)(a) As soon as practicable, the Legislative Revenue Officer, after consultation with the Department of Revenue, shall prepare estimates of projected use by taxpayers of the reduced rates provided in ORS 316.043 (2). The estimates shall include the projected use of the reduced rates in tax years beginning on or after January 1, 2015, and before January 1, 2017, and in tax years beginning on or after January 1, 2019, and before January 1, 2021. The estimates shall express as a ratio the revenue loss anticipated as a result of the reduced rates of taxation in ORS 316.043 (2), divided by projected total income in this state, for those tax years

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

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ORS 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]

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ORS 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]

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

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

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

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

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

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ORS 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]

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ORS 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]

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ORS 316.056 Interest or dividends on obligations of state or public bodies subtracted from federal taxable income. (1) In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income, to the extent includable in gross income for federal income tax purposes, the interest or dividends on obligations of

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

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

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

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ORS 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]

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

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

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

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