Chapter 316 — Chapter 316
474 sections in this chapter.
ORS 316.790 [1953 c.304 §116; 1957 c.528 §3; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.791 [2005 c.519 §12; 2007 c.605 §1; repealed by 2013 c.194 §4]
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[Repealed or reserved.]
ORS 316.792 Military pay. (1) As used in this section
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(a) “Armed Forces of the United States” means all regular and reserve components of the United States Army, Navy, Air Force, Marine Corps, Coast Guard and Space Force and other uniformed services under the orders of the President of the United States. (b) “Military pay” means pay…
ORS 316.794 [Formerly 316.052; repealed by 1987 c.293 §70]
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[Repealed or reserved.]
ORS 316.795 Exemption for payments to tenants of manufactured dwelling parks upon termination of rental agreement. Amounts received by a taxpayer under ORS 90.645 (1) are exempt from the taxes imposed by this chapter. [2007 c.906 §12]
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(First-time Home Buyer Savings Accounts)
ORS 316.796 Definitions. As used in ORS 316.796 to 316.808
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(1) “Account holder” means an individual who establishes a first-time home buyer savings account. (2) “Allowable closing costs” means disbursements listed in a settlement statement for the purchase of a single family residence by an account holder or a qualified beneficiary. (3) …
ORS 316.797 First-time home buyer savings account; restrictions. (1) An individual may create a first-time home buyer savings account with a financial institution to be used to pay or reimburse eligible costs related to the purchase of a single family residence by an account holder or qualified beneficiary
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(2) An individual may jointly own a first-time home buyer savings account with another person if the joint account holders file a joint income tax return. (3) During any calendar year, an individual may be either: (a) The account holder of not more than one first-time home buyer …
ORS 316.798 Subtraction for contributions; exemption for earnings; limitations. (1) Subject to ORS 316.800, and 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 funds contributed by an account holder to the account holder’s first-time home buyer savings account during the tax year, not to exceed $5,000 for an account holder who files an individual income tax return or $10,000 for joint account holders who file a joint income tax return
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(2) Earnings, including interest and other income, on the principal in the account during the tax year are exempt from taxation until withdrawn by the taxpayer, subject to subsection (3) of this section. (3) An account holder may claim the subtraction and exemption under subsecti…
ORS 316.799 [Formerly 316.053; repealed by 1987 c.293 §70]
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[Repealed or reserved.]
ORS 316.800 Limits phased out based on income applicable to subtraction or exemption. (1) The limits applicable to a subtraction from federal taxable income and an exemption allowed under ORS 316.798 are
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(a) $10,000 if reported on a joint income tax return, or $5,000 for all others, if the federal adjusted gross income of the taxpayer for the tax year is less than $149,000 or, if reported on other than a joint return, less than $104,000. (b) $8,000 if reported on a joint income t…
ORS 316.801 Addition for certain amounts withdrawn; penalty; exceptions. (1) There shall be added to federal taxable income the amount of funds a taxpayer withdraws from a first-time home buyer savings account established under ORS 316.797, if
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(a) Those funds were used for a purpose other than eligible costs; (b) In this tax year or a previous tax year, those funds were subtracted or exempted from federal taxable income under ORS 316.798; and (c) Those funds were not deposited into another first-time home buyer savings…
ORS 316.802 [1969 c.493 §71; renumbered 316.970]
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[Repealed or reserved.]
ORS 316.803 Obligations of financial institution; provision of certificates to account holders. (1) On or before January 31 of each calendar year, for calendar years beginning before January 1, 2025, a financial institution at which an account holder has created a first-time home buyer savings account shall provide to the account holder a certificate containing the following information
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(a) The date when the account was created; (b) The name of the account holder; (c) The amount of funds contributed to the account during the tax year; (d) The amount of funds withdrawn from the account during the tax year; and (e) Any other information as required by rules adopte…
ORS 316.805 [1953 c.304 §100; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.806 [Formerly 316.057; renumbered 316.811 in 2025]
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[Repealed or reserved.]
ORS 316.807 Taxpayer to maintain records. (1) For each tax year in which a taxpayer claims a subtraction or exemption under ORS 316.798, the taxpayer shall maintain the records described in subsection (2) of this section, and any other records as required by the Department of Revenue under ORS 316.796 to 316.808
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(2) A taxpayer shall maintain, and shall furnish to the department upon the request of the department, the following: (a) Account statements that show the contributions made during the tax year and the taxable interest or earnings on the account in the tax year for which the subt…
ORS 316.808 Rules; financial institutions not subject to obligations related to first-time home buyer savings accounts; informational materials. (1) The Department of Revenue may adopt rules to administer ORS 316.796 to 316.808. Rules adopted under this section may not impose administrative, reporting or other obligations or requirements on financial institutions related to first-time home buyer savings accounts
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(2) The department may prepare and distribute informational materials regarding the first-time home buyer savings account to financial institutions and potential home buyers to publicize the availability of first-time home buyer savings accounts. [2024 c.53 §3]
ORS 316.810 [1953 c.304 §101; repealed by 1969 c.493 §99]
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(Additional Modifications of Taxable Income)
ORS 316.811 Definitions for ORS 316.811 to 316.818. As used in ORS 316.811 to 316.818
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(1) “Construction job site” means the specific location of a construction project. (2) “Construction project” means the construction, alteration, repair, improvement, moving or demolition of a structure and appurtenances thereto. (3) “Construction worker” means a person who is a …
ORS 316.812 Certain traveling expenses. In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses, as defined in ORS 316.811, incurred by a construction worker during the first year of continuous employment on the same construction job site. However, if employment on the same construction job site is temporarily interrupted for any reason whatsoever, the period of interruption shall not be taken into account in determining the one-year period. [Formerly 316.058]
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[Repealed or reserved.]
ORS 316.815 [1953 c.304 §102; 1955 c.582 §1; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.818 Proof of expenses. The modification to federal taxable income by ORS 316.812 shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [Formerly 316.059; 1995 c.54 §13]
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[Repealed or reserved.]
ORS 316.820 [1953 c.304 §103; 1963 c.627 §19 (referred and rejected); repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.821 Federal election to deduct sales taxes; addition for state purposes. (1) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes must make the same election for purposes of the tax imposed by this chapter
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(2) A taxpayer that elects to deduct state and local sales taxes under section 164(b)(5) of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 §30]
ORS 316.824 Definitions for ORS 316.824 and 316.832. As used in ORS 316.824 and 316.832
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(1) “Forest products” means any merchantable form including but not limited to logs, poles and piling, into which a fallen tree may be cut before it undergoes manufacturing. (2) “Logger” means a person commonly known as a faller or bucker who furnishes and maintains personal equi…
ORS 316.825 [1953 c.304 §104; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.827 [1957 s.s. c.15 §7; last sentence derived from 1957 s.s. c.15 §8; 1963 c.627 §20 (referred and rejected); repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.830 [1953 c.304 §105; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.832 Travel expenses for loggers. (1) In addition to the modifications to federal taxable income contained in this chapter, there shall be subtracted from federal taxable income traveling expenses incurred by a logger in job-related travel
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(2) The modification to federal taxable income by subsection (1) of this section shall be substantiated by any proof required by the Department of Revenue by rule. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.0…
ORS 316.834 [1991 c.863 §33; repealed by 2009 c.33 §23]
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[Repealed or reserved.]
ORS 316.835 [1953 c.304 §106; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.836 Qualified production activities income. A taxpayer that is allowed a deduction for qualified production activities income under section 199 of the Internal Revenue Code for federal tax purposes shall add the amount deducted to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 §41]
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[Repealed or reserved.]
ORS 316.837 Addition for federal prescription drug plan subsidies excluded for federal tax purposes. A taxpayer that is allowed an exclusion from gross income under section 139A of the Internal Revenue Code for federal tax purposes shall add the amount excluded to federal taxable income for purposes of the tax imposed by this chapter. [2005 c.832 §42]
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[Repealed or reserved.]
ORS 316.838 Art object donation. (1) As used in this section, “art object” means a painting, sculpture, photograph, graphic or craft art, industrial design, costume or fashion design, tape or sound recording or film
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(2) A subtraction from federal taxable income is allowed for a charitable contribution of an art object, if the art object has not been previously sold or otherwise transferred by its creator and the creator makes a charitable contribution of the art object that qualifies for the…
ORS 316.840 [1953 c.304 §107; 1961 c.506 §3; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.844 Special computation of gain or loss where farm use value used. (1) Notwithstanding any other provision of this chapter, when gain or loss that is included in federal taxable income is derived from the disposition of property and the gain, loss or basis computed with respect to that disposition involves, in whole or in part, property that was valued at the property’s value for farm use or as forestland under ORS 118.155 (1995 Edition), then there shall be added to federal taxable income the difference between the taxable gain or loss that would otherwise be determined under this chapter and the gain or loss that would be taxable had the basis for federal tax purposes been computed using the forest or farm use value provided for under ORS 118.155 (1995 Edition) instead of the basis computed pursuant to section 1014 of the Internal Revenue Code
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(2) This section applies to gains and losses from dispositions of property acquired from a decedent, or from property the basis of which is computed in whole or in part with respect to property acquired from a decedent, whose death occurred before January 1, 1987. [Formerly 316.0…
ORS 316.845 Exception to ORS 316.844. ORS 316.844 shall not apply in any case in which a carryover basis for certain property acquired from a decedent dying after December 31, 1976, is provided by section 1014 of the Internal Revenue Code. [Formerly 316.083]
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[Repealed or reserved.]
ORS 316.846 Scholarship awards used for housing expenses. (1) There shall be subtracted from federal taxable income amounts received from a scholarship awarded to the taxpayer or a dependent of the taxpayer that are used for housing expenses of the scholarship recipient at the time the scholarship recipient is attending an accredited community college, college, university or other institution of higher education
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(2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section: (a) Are not included in the taxpayer’s federal gross income for the tax year; or (b) Are taken into account as a deduction on the taxpayer’s federal income tax retu…
ORS 316.847 National service educational award. (1) There shall be subtracted from federal taxable income amounts received as a national service educational award under 42 U.S.C. 12602, following completion of the required term of service in 42 U.S.C. 12593(b)
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(2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section: (a) Are not included in the taxpayer’s federal gross income for the tax year; or (b) Are taken into account as a deduction on the taxpayer’s federal income tax retu…
ORS 316.848 Individual development accounts. (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 taxpayer deposits to an individual development account established by the taxpayer under ORS 458.685
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(2) Matching deposits made by a fiduciary organization to an individual development account, and interest accruing on account holder deposits and matching deposits, are exempt from taxation until withdrawn by the taxpayer. (3) Moneys withdrawn by the taxpayer from an individual d…
ORS 316.849 [Formerly 316.145; repealed by 1993 c.475 §3]
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[Repealed or reserved.]
ORS 316.850 Personal casualty loss. (1) There shall be subtracted from federal taxable income any amount of personal casualty loss that is incurred in Oregon and that would be deductible under section 165(c) and (h) of the Internal Revenue Code, but for the operation of section 165(h)(5) of the Internal Revenue Code
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(2) A subtraction under this section is allowed only for a personal casualty loss that: (a) Results from an event that is the subject of a state of emergency declared by the Governor; or (b) Occurs in an area subject to a Governor’s executive order invocating the Emergency Confla…
ORS 316.852 [1999 c.358 §2; 2011 c.301 §3; repealed by 2025 c.36 §4]
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[Repealed or reserved.]
ORS 316.853 Addition for amount deducted as deemed repatriation. In addition to the other modifications to federal taxable income contained in this chapter, to derive Oregon taxable income there shall be added to federal taxable income any amount deducted, for the tax year, for federal income tax purposes under section 965(c)(1) of the Internal Revenue Code. [2019 c.556 §2]
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[Repealed or reserved.]
ORS 316.854 [Formerly 316.150; 1985 c.802 §16a; repealed by 1987 c.293 §70]
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[Repealed or reserved.]
ORS 316.855 [1953 c.304 §108; 1963 c.305 §1; repealed by 1969 c.493 §99]
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[Repealed or reserved.]
ORS 316.856 Severance pay; rules. (1) As used in this section
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(a) “Invest” means to exchange cash for equity, debt, convertible debt or management responsibilities, accompanied by terms that substantiate ownership or control of an interest in a business. “Invest” does not mean to make a loan to a business. (b) “Material participation” has t…
ORS 316.857 [1989 1985 c.352 §2; renumbered 316.216 in 1989]
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[Repealed or reserved.]
ORS 316.859 Addition for amount deducted as qualified business income from pass-through entity. There shall be added to federal taxable income for Oregon tax purposes the amount allowable as a deduction under section 199A(a) of the Internal Revenue Code for the tax year. [2018 c.108 §10]
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[Repealed or reserved.]
ORS 316.860 [1953 c.304 §109; repealed by 1969 c.493 §99]
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[Repealed or reserved.]