Chapter 317 — Chapter 317
261 sections in this chapter.
ORS 317.005 Short title. This chapter may be cited as the Corporation Excise Tax Law. [Amended by 2005 c.94 §83]
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[Repealed or reserved.]
ORS 317.010 Definitions. As used in this chapter, unless the context requires otherwise
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(1) “Centrally assessed corporation” means every corporation the property of which is assessed by the Department of Revenue under ORS 308.505 to 308.674. (2) “Department” means the Department of Revenue. (3)(a) “Consolidated federal return” means the return permitted or required …
ORS 317.013 Adoption of parts of Internal Revenue Code and application of federal laws and regulations. (1) Those portions of the Internal Revenue Code, and any other laws of the United States pertaining to the determination of taxable income of corporate taxpayers, are adopted by reference as a part of this chapter. Those portions of the Internal Revenue Code and other laws of the United States have full force and effect under this chapter unless modified by other provisions of this chapter
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(2) Insofar as is practicable in the administration of this chapter, the Department of Revenue shall apply and follow the administrative and judicial interpretations of the federal income tax law. When a provision of the federal income tax law is the subject of conflicting opinio…
ORS 317.015 [Repealed by 1957 c.632 §1 (314.075 and 314.080 enacted in lieu of 316.025, 316.030, 317.015 and 317.020)]
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[Repealed or reserved.]
ORS 317.016 [1967 c.274 §§2,3,5; 1975 c.705 §10; repealed by 1983 c.162 §57]
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[Repealed or reserved.]
ORS 317.017 [1985 c.802 §48; repealed by 1997 c.839 §69]
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[Repealed or reserved.]
ORS 317.018 Statement of purpose. It is the intent of the Legislative Assembly
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(1) To make the Oregon corporate excise tax law, insofar as it relates to the measurement of taxable income, identical to the provisions of the federal Internal Revenue Code, as in effect and applicable for the tax year of the taxpayer, to the end that taxable income of a corpora…
ORS 317.019 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) shall apply in deriving Oregon taxable income under this chapter, notwithstanding that the Act is not part of the Internal Revenue Code. [1985 c.802 §44]
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[Repealed or reserved.]
ORS 317.020 [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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[Repealed or reserved.]
ORS 317.021 [1985 c.802 §60; 1987 c.293 §34; renumbered 314.031 in 1993]
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[Repealed or reserved.]
ORS 317.022 [1983 c.162 §41; 1984 c.1 §8; repealed by 2005 c.94 §84]
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[Repealed or reserved.]
ORS 317.025 Omission of previously enacted savings clauses from Oregon Revised Statutes. The omission from the Oregon Revised Statutes of those statutes which were part of Acts amending the statutes that constitute the source of this chapter and which provided savings clauses for the statutes amended, is not intended as a repeal of them. Such statutes shall, in so far as they are applicable, continue to be so applicable
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[Repealed or reserved.]
ORS 317.030 Effect of chapter. Nothing in this chapter shall be construed to repeal the present capital stock tax or annual corporation license fee otherwise provided for by law
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[Repealed or reserved.]
ORS 317.035 Effect of subsequent repeal of chapter. In the event of repeal of this chapter, unless otherwise specifically provided in the repeal, this chapter shall remain in full force for the assessment, imposition and collection of the tax and all interest, penalty or forfeitures which have accrued or may accrue in relation to any such tax for the calendar year in which the tax is repealed
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[Repealed or reserved.]
ORS 317.038 Computation of Oregon taxable history. (1) Nothing contained in this chapter shall be construed to require a corporation to include an item of income, or to permit a corporation to deduct an expense item, more than once in computing Oregon taxable income
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(2) The changes to the corporate excise and income tax laws by chapter 162, Oregon Laws 1983, shall not be applied to preclude a corporation from taking into account a deduction or a loss to which it otherwise would be entitled. (3) The changes to the corporate excise and income …
ORS 317.045 [1989 c.625 §19; repealed by 1991 c.457 §24]
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[Repealed or reserved.]
ORS 317.055 [Amended by 1957 c.607 §1; subsection (2) of 1961 Replacement Part derived from 1957 c.607 §11 and 1957 s.s. c.5 §1; 1963 c.571 §2; repealed by 1975 c.368 §8]
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[Repealed or reserved.]
ORS 317.056 [1975 c.368 §3; 1983 c.162 §4; 1999 c.21 §43; repealed by 2009 c.403 §7]
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[Repealed or reserved.]
ORS 317.057 [1999 c.30 §2; 2009 c.541 §18; repealed by 2013 c.614 §1]
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[Repealed or reserved.]
ORS 317.060 [Amended by 1957 c.607 §2; subsection (2) of 1961 Replacement Part derived from 1957 c.607 §11 and 1957 s.s. c.5 §1; 1963 c.571 §3; repealed by 1975 c.368 §8]
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IMPOSITION OF TAX
ORS 317.061 Tax rate. The rate of the tax imposed by and computed under this chapter is
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(1) Six and six-tenths percent of the first $1 million of taxable income, or fraction thereof; and (2) Seven and six-tenths percent of any amount of taxable income in excess of $1 million. [1975 c.368 §2; 1983 c.162 §5; 1987 c.293 §34a; 2009 c.745 §§5,7,9; 2013 s.s. c.5 §1]
ORS 317.063 Tax rate imposed on certain long-term capital gain from farming; requirements. (1) As used in this section
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(a) “Farming” means: (A) Raising, harvesting and selling crops; (B) Feeding, breeding, managing or selling livestock, poultry, fur-bearing animals or honeybees or the produce thereof; (C) Dairying and selling dairy products; (D) Stabling or training equines, including but not lim…
ORS 317.065 [Repealed by 1975 c.368 §8]
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[Repealed or reserved.]
ORS 317.066 [1977 c.597 §2; repealed by 1983 c.162 §57]
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[Repealed or reserved.]
ORS 317.067 Tax on homeowners association income. (1) A tax is hereby imposed for each taxable year on the homeowners association taxable income of every homeowners association at the rate provided in ORS 317.061 and as though the homeowners association were a corporation
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(2) As used in this section, “homeowners association” has the meaning given that term in section 528(c) of the Internal Revenue Code. [1977 c.597 §3; 1983 c.162 §6; 1999 c.21 §44; 1999 c.90 §22a]
ORS 317.070 Tax on centrally assessed, mercantile, manufacturing and business corporations and financial institutions. Every centrally assessed corporation, the property of which is assessed by the Department of Revenue under ORS 308.505 to 308.674, and every mercantile, manufacturing and business corporation and every financial institution doing business within this state, except as provided in ORS 317.080 and 317.090, shall annually pay to this state, for the privilege of carrying on or doing business by it within this state, an excise tax according to or measured by its Oregon taxable income, to be computed in the manner provided by this chapter, at the rate provided in ORS 317.061. [Amended by 1957 c.607 §3; 1957 c.709 §1; subsection (3) of 1963 Replacement Part derived from 1957 c.607 §11; 1957 c.709 §2 and 1957 s.s. c.5 §1; 1959 c.631 §2; 1963 c.627 §22 (referred and rejected); 1965 c.322 §1; 1965 c.544 §1; 1971 c.247 §1; 1975 c.368 §5; 1977 c.866 §3; 1982 1 c.16 §11; 1983 c.162 §7; 1985 c.565 §55; 1997 c.154 §50; 1999 c.21 §45; 1999 c.60 §1; 2009 c.403 §3]
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[Repealed or reserved.]
ORS 317.071 [1977 c.887 §8; 1981 c.778 §40; 1981 c.894 §30; renumbered 317.111]
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[Repealed or reserved.]
ORS 317.072 [1967 c.592 §9; 1969 c.340 §3; 1973 c.831 §9; 1977 c.795 §12; 1977 c.866 §11; 1981 c.408 §2; 1983 c.637 §7; renumbered 317.116]
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[Repealed or reserved.]
ORS 317.073 [1959 c.631 §6; repealed by 1969 c.520 §49]
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[Repealed or reserved.]
ORS 317.074 [1955 c.592 §2; 1957 c.607 §4; subsection (5) derived from 1957 c.607 §11 and 1957 s.s. c.5 §1; repealed by 1969 c.520 §49]
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[Repealed or reserved.]
ORS 317.075 [Repealed by 1955 c.592 §4]
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[Repealed or reserved.]
ORS 317.076 [1969 c.600 §9; renumbered 317.122]
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[Repealed or reserved.]
ORS 317.077 [1977 c.839 §10; 1979 c.439 §2; renumbered 317.128]
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[Repealed or reserved.]
ORS 317.078 [1969 c.600 §5; 1983 c.162 §35; renumbered 317.650]
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[Repealed or reserved.]
ORS 317.080 Exempt corporations. The following corporations are exempt from the taxes imposed by this chapter
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(1) Organizations described in subsection (c) and subsection (j) of section 501 of the Internal Revenue Code unless the exemption is denied under subsection (h), (i) or (m) of section 501 or under section 502, 503 or 505 of the Internal Revenue Code. (2) Organizations described i…
ORS 317.083 [1981 c.778 §36; renumbered 317.386]
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[Repealed or reserved.]
ORS 317.084 [1987 c.911 §8e; repealed by 2005 c.80 §7]
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[Repealed or reserved.]
ORS 317.085 [Repealed by 1957 c.607 §10]
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[Repealed or reserved.]
ORS 317.087 [1981 c.720 §18; renumbered 317.133]
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[Repealed or reserved.]
ORS 317.090 Minimum tax. (1) As used in this section
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(a) “Oregon sales” means: (A) If the corporation apportions income under ORS 314.650 to 314.665 for Oregon tax purposes, the total sales of the taxpayer in this state during the tax year, as determined for purposes of ORS 314.665; (B) If the corporation does not apportion income …
ORS 317.092 Exemption of payments to tenant of manufactured dwelling park 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 §14]
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[Repealed or reserved.]
ORS 317.095 [1955 c.592 §§3,6; repealed by 1965 c.479 §1 (317.096 enacted in lieu of 317.095)]
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[Repealed or reserved.]
ORS 317.096 [1965 c.479 §2 (enacted in lieu of 317.095); repealed by 1983 c.162 §57]
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CREDITS (Generally)
ORS 317.097 Lending institution loans for housing; rules. (1) As used in this section
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(a) “Annual rate” means the yearly interest rate specified on the note, and not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act. (b) “Bonds” means a bond, as defined in ORS 286A.001, if issued on behalf of the Housing…
ORS 317.098 [1979 c.561 §6; 1983 c.162 §8; renumbered 317.392]
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[Repealed or reserved.]
ORS 317.099 [1989 c.1071 §§10,10a; repealed by 1991 c.863 §69]
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[Repealed or reserved.]
ORS 317.100 [1979 c.483 §2; repealed by 1989 c.626 §12]
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[Repealed or reserved.]
ORS 317.102 [1979 c.578 §9; 1985 c.749 §2; 1987 c.605 §2; 1989 c.887 §2; 1991 c.714 §7; 1991 c.877 §24; repealed by 1993 c.730 §7 (315.104 enacted in lieu of 316.094, 317.102 and 318.110)]
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[Repealed or reserved.]
ORS 317.103 [1981 c.894 §§15,16; 1989 c.765 §4; 1991 c.457 §10; repealed by 1993 c.730 §35 (315.356 enacted in lieu of 316.141, 316.142 and 317.103)]
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[Repealed or reserved.]
ORS 317.104 [1979 c.512 §14; 1981 c.894 §13; 1989 c.765 §5; 1991 c.711 §7; repealed by 1993 c.730 §33 (315.354 enacted in lieu of 316.140 and 317.104)]
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[Repealed or reserved.]