Chapter 316 — Chapter 316
474 sections in this chapter.
ORS 316.699 Subtraction for contributions to savings network account for higher education or ABLE account; limitations; carryforward. (1) There shall be subtracted from federal taxable income the amount contributed to
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(a) A savings network account for higher education established under ORS 178.300 to 178.360; or (b) An ABLE account established under ORS 178.380 and rules adopted by the Oregon 529 Savings Board, when the contribution is made before the designated beneficiary of the account atta…
ORS 316.701 [1983 c.162 §61; repealed by 1987 c.293 §70]
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[Repealed or reserved.]
ORS 316.705 [1953 c.304 §88; repealed by 1957 c.632 §1 (314.805 enacted in lieu of 316.705 and 317.505)]
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[Repealed or reserved.]
ORS 316.706 [1957 c.586 §6; 1959 c.76 §1; 1961 c.506 §2; 1961 c.623 §1; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.707 Computation of depreciation of property under federal law; applicability. (1) To the extent that the amount allowed as a deduction under section 168 of the Internal Revenue Code (Accelerated Cost Recovery System) exceeds, or is less than, the amount that would be allowed as a deduction for depreciation for the property under the federal Internal Revenue Code as amended and in effect on December 31, 1980, the difference shall be added to, or subtracted from federal taxable income, whichever is applicable
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(2) The modifications required by subsection (1) of this section apply only to the differences in the computation of depreciation (reasonable allowance for exhaustion, wear, tear and obsolescence) under the Accelerated Cost Recovery System and the other methods of depreciation. N…
ORS 316.710 [1953 c.304 §89; repealed by 1957 c.632 §1 (subsections (2), (3) and (4) of 306.040 enacted in lieu of 316.710)]
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[Repealed or reserved.]
ORS 316.711 [1957 c.586 §7; 1959 c.593 §7 (referred and rejected); 1961 c.623 §2; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.714 [1957 c.586 §7; 1959 c.593 §8 (referred and rejected); 1963 c.627 §17 (referred and rejected); repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.715 [1953 c.304 §90; repealed by 1957 c.632 §1 (314.810 enacted in lieu of 316.715)]
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[Repealed or reserved.]
ORS 316.716 Differences in basis on federal and state return; application of federal credit. (1) Upon the taxable sale, exchange or disposition of any asset in a tax year beginning on or after January 1, 1983, federal taxable income shall be increased or decreased by an amount which will reflect one or more of the following
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(a) The difference in basis which results from the difference in depreciation or cost recovery, or expense claimed under section 179 of the Internal Revenue Code, allowed or allowable on the Oregon return and that allowed or allowable on the federal return for that asset; (b) The…
ORS 316.718 [1989 c.625 §6; repealed by 1991 c.457 §24]
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[Repealed or reserved.]
ORS 316.720 [1953 c.304 §91; repealed by 1957 c.632 §1 (314.815 enacted in lieu of 316.720 and 317.505)]
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[Repealed or reserved.]
ORS 316.721 [1957 c.586 §12; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.723 [1983 c.162 §70; 1985 c.802 §15; 1987 c.293 §26; 1991 c.457 §7e; repealed by 1995 c.556 §43]
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[Repealed or reserved.]
ORS 316.725 [1953 c.304 §92; repealed by 1957 c.632 §1 (314.820 enacted in lieu of 316.725 and 317.520)]
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[Repealed or reserved.]
ORS 316.729 [1983 c.162 §73; 1995 c.556 §10; repealed by 2003 c.46 §43 and 2003 c.77 §26]
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[Repealed or reserved.]
ORS 316.730 [1953 c.304 §93; repealed by 1957 c.632 §1 (314.825 enacted in lieu of 316.730 and 317.525)]
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[Repealed or reserved.]
ORS 316.731 [1957 c.586 §13; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.735 [1953 c.304 §94; repealed by 1957 c.632 §1 (314.830 enacted in lieu of 316.735 and 317.530)]
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[Repealed or reserved.]
ORS 316.737 Amount specially taxed under federal law to be included in computation of state taxable income. If a taxpayer has taken a deduction to arrive at federal taxable income for the purpose of having that income taxed in a manner different from the taxation of federal taxable income, the amount which was deducted and specially taxed shall be added to federal taxable income in the computation of state taxable income. However, if any portion of the amount added was treated as capital gain in arriving at federal taxable income, that portion shall be treated as capital gain in the computation of state taxable income. [1983 c.162 §76; 1987 c.293 §27]
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[Repealed or reserved.]
ORS 316.738 Modification of taxable income when deferred gain is recognized as result of out-of-state disposition of property. (1) If gain is deferred upon the voluntary or involuntary disposition of property in an exchange that qualifies for deferral under section 1031 or 1033 of the Internal Revenue Code, and the property acquired in the exchange has a situs outside of this state, upon the sale or other disposition of the acquired property in a transaction in which gain or loss is recognized for federal tax purposes but is not taken into account in computing federal taxable income for Oregon tax purposes, there shall be added to federal taxable income the difference between
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(a) The adjusted basis of the acquired property on the date the exchange under section 1031 or 1033 of the Internal Revenue Code was completed; and (b) The lesser of: (A) The fair market value of the acquired property on the date the exchange under section 1031 or 1033 of the Int…
ORS 316.739 Deferral of deduction for certain amounts deductible under federal law. (1) There shall be added to federal taxable income for Oregon tax purposes the difference between the amount allowable as a deduction under section 108 of the Internal Revenue Code as applicable to the tax year of the taxpayer and the amount allowable as a deduction under section 108 of the Internal Revenue Code as amended and in effect on December 31, 2008, as applicable to the tax year of the taxpayer
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(2) There shall be added to federal taxable income for Oregon tax purposes the difference between the amount allowable as a deduction under section 168(k) of the Internal Revenue Code as applicable to the tax year of the taxpayer and the amount allowable as a deduction under sect…
ORS 316.740 [1953 c.304 §95; 1957 c.75 §1; repealed by 1957 c.632 §1 (314.835 enacted in lieu of 316.740 and 317.535)]
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[Repealed or reserved.]
ORS 316.741 [1957 c.586 §8; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.742 [1991 c.457 §7g; 1995 c.556 §11; repealed by 1997 c.839 §69]
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[Repealed or reserved.]
ORS 316.743 [1997 c.824 §2; repealed by 2001 c.660 §55]
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[Repealed or reserved.]
ORS 316.744 Cash payments for energy conservation. Any amount received as a cash payment for energy conservation measures under ORS 456.594 to 456.599 and 469.631 to 469.687 is exempt from the tax imposed under this chapter. [Formerly 316.069; 1985 c.802 §16]
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[Repealed or reserved.]
ORS 316.745 [1953 c.304 §96; repealed by 1957 c.632 §1 (314.840 enacted in lieu of 316.745 and 317.540)]
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[Repealed or reserved.]
ORS 316.746 [1991 c.641 §4; repealed by 1999 c.880 §2]
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[Repealed or reserved.]
ORS 316.747 Contribution to charitable organization subject to disqualification order. (1) Except as provided in subsection (2) of this section, in addition to any other modification to federal taxable income under this chapter there shall be added to federal taxable income the amount of any charitable contribution that
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(a) Is allowed as a deduction for federal tax purposes for the tax year under section 170 of the Internal Revenue Code; (b) Is attributable to a contribution to a charitable organization that is the subject of a disqualification order issued under ORS 128.760 to 128.769; and (c) …
ORS 316.749 Dividend from domestic international sales corporation. (1) 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 dividend received by the taxpayer on or after January 1, 2013, from a domestic international sales corporation formed on or before January 1, 2014, and subject to the tax imposed under ORS 317.283 (2)(a)
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(2) As used in this section, “domestic international sales corporation” means a domestic international sales corporation as defined in section 992 of the Internal Revenue Code. [2013 s.s. c.5 §6c; 2014 c.114 §3]
ORS 316.750 [1953 c.304 §97; repealed by 1957 c.632 §1 (314.845 enacted in lieu of 316.750 and 317.545)]
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[Repealed or reserved.]
ORS 316.751 [Formerly 316.580; repealed by 1969 c.493 §99]
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(Additional Personal Exemption Credits)
ORS 316.752 Definitions for ORS 316.752 to 316.771. For purposes of ORS 316.752 to 316.771
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(1) A person has a “severe disability” if the person: (a) Has lost the use of one or more lower extremities; (b) Has lost the use of both hands; (c) Is disabled as that term is defined in section 72(m)(7) of the Internal Revenue Code, to a degree that the person is unable to enga…
ORS 316.755 [1953 c.304 §98; repealed by 1957 c.632 §1 (314.850 enacted in lieu of 316.755)]
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[Repealed or reserved.]
ORS 316.758 Additional personal exemption credit for persons with severe disabilities; income limitation. (1) In addition to the personal exemption credit allowed by this chapter for state personal income tax purposes, there shall be allowed an additional personal exemption credit for the taxpayer if the taxpayer
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(a) Has a severe disability at the close of the taxable year; and (b) Has federal adjusted gross income that does not exceed $100,000 for the tax year. (2) The amount of the credit shall be equal to the amount allowed as the personal exemption credit for the taxpayer for state pe…
ORS 316.760 [1953 c.304 §99; repealed by 1957 c.632 §1 (314.855 enacted in lieu of 316.760 and 317.550)]
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[Repealed or reserved.]
ORS 316.761 [1957 c.586 §9; 1963 c.627 §18 (referred and rejected); 1963 s.s. c.3 §1; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.765 Additional personal exemption credit for spouse of person with severe disability; conditions. (1) An additional personal exemption credit in the same amount as allowed under ORS 316.758 for a taxpayer with a severe disability shall be allowed for the spouse of the taxpayer if a separate return is made by the taxpayer, and if the spouse
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(a) Has a severe disability; (b) Has no gross income for the calendar year in which the taxable year of the taxpayer begins; and (c) Is not the dependent of another taxpayer. (2) In the case of a joint return, each spouse who has a severe disability shall be allowed the additiona…
ORS 316.770 [Formerly 316.585; 1963 c.83 §1; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.771 Proof of status for exemption credit. Each person qualifying for the additional personal exemption credit allowed in ORS 316.758 and 316.765 may claim the credit on the personal income tax return. However, the claim shall be substantiated by a letter from a licensed physician describing the nature and extent of the physical disability. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.138; 1985 c.345 §12; 1987 c.293 §30; 1995 c.54 §12; 2017 c.409 §7]
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[Repealed or reserved.]
ORS 316.775 [1957 c.586 §10; 1959 c.234 §3; repealed by 1969 c.493 §99]
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(Exemptions)
ORS 316.777 Income derived from sources within federally recognized Indian country exempt from tax. (1) Any income derived from sources within the boundaries of federally recognized Indian country in Oregon by any enrolled member of a federally recognized American Indian tribe residing in federally recognized Indian country in Oregon at the time the income is earned is exempt from tax under this chapter
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(2) An extract from the tribal rolls or other documentary proof of the taxpayer’s enrolled status and other additional proofs as may be required by the Department of Revenue, shall be attached to or accompany any return for any year for which exemption under subsection (1) of thi…
ORS 316.778 Small city business development exemption; rules. (1) For each tax year in which a business firm receives an annual certification under ORS 285C.506, the income of the taxpayer apportionable to the certified facility of the business firm shall be exempt from tax under this chapter
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(2) The income of a resident taxpayer that is exempt under this section shall be determined by: (a) Multiplying the federal taxable income of the taxpayer by the ratio of the taxpayer’s federal adjusted gross income derived from the business firm over the taxpayer’s federal adjus…
ORS 316.780 [1957 c.586 §11; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.783 Amounts received for condemnation of Indian tribal lands. Amounts received as condemnation awards as a result of condemnation by the federal government of Indian tribal lands are exempt from the tax imposed by this chapter. [Formerly 316.050]
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[Repealed or reserved.]
ORS 316.785 Income derived from exercise of Indian fishing rights. Income derived from the exercise of rights of any Indian tribe to fish secured by treaty, Executive order or Act of Congress is exempt from the tax imposed by this chapter if section 7873 of the Internal Revenue Code does not permit a like federal tax to be imposed on such income. [1989 c.625 §5]
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[Repealed or reserved.]
ORS 316.787 Payments to Japanese and Aleuts under Civil Liberties Act of 1988. Amounts paid to an eligible individual (persons of Japanese ancestry and Aleut civilian residents of the Pribilof Islands and the Aleutian Islands) under section 1989b-4, Title I, or 1989c-5, Title II, of the Civil Liberties Act of 1988 (P.L. 100-383) shall be treated for purposes of this chapter as damages for human suffering and shall be exempt from the taxes imposed under this chapter. [1989 c.625 §4]
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[Repealed or reserved.]
ORS 316.788 [Formerly 316.051; repealed by 1987 c.293 §70]
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[Repealed or reserved.]
ORS 316.789 [1991 c.177 §2; repealed by 2013 c.194 §4]
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[Repealed or reserved.]