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Home > 2011 ORS > Vol. 8 > Chapter 314 > (General Provisions)
 

  • 314.605
    Short title
  • 314.606
    Status of ORS 314.605 to 314.675 when in conflict with Multistate Tax Compact
  • 314.610
    Defini­tions for ORS 314.605 to 314.675
  • 314.615
    When alloca­tion and appor­tion­ment of net income from business ac­tivity re­quired
  • 314.620
    When taxpayer is considered taxable in an­oth­er state
  •  

   2011 ORS § 314.605¹
Short title
  • • construction

(1) ORS 314.605 (Short title) to 314.675 (Apportionment of net loss) may be cited as the Uniform Division of Income for Tax Purposes Act.

(2) ORS 314.610 (Definitions for ORS 314.605 to 314.675) to 314.670 (Additional methods to determine extent of business activity in this state) shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1965 c.152 §§20,21]

• • •
 
  • Annotations
  • Related
 
§§ 314.605 (Short title) to 314.670 (Additional methods to determine extent of business activity in this state)

Notes of Decisions

Interest income from long-term invest­ments of an interstate corpora­tion is not attributable to Oregon unless it arises from transac­tions in the regular course of the taxpayers business within the state. Sperry & Hutchinson v. Dept. of Rev., 270 Or 329, 527 P2d 729 (1974)

It was not abuse of discre­tion for Revenue Depart­ment to require corpora­tions to file combined rather than consolidated corporate excise tax returns where one corpora­tion owned at least 95 percent of voting stock of other. Caterpillar Tractor Co. v. Dept. of Rev., 8 OTR 236 (1979), affd 289 Or 895, 618 P2d 1261 (1980)

The Supremacy Clause gives Congress the authority to impose a brief moratorium on the collec­tion of taxes for insured depositories in order to permit the develop­ment of a uniform state taxing system. Pac. First Fed. Savings & Loan v. Dept. of Revenue, 8 OTR 466 (1980), affd 293 Or 138, 645 P2d 27 (1982)

Plaintiffs use of appor­tion­ment method was proper because separate accounting would not fairly represent extent of plaintiffs business activities in Oregon. Lane v. Dept. of Rev., 10 OTR 168 (1985)

Intangible drilling and develop­ment costs (IDCs) should be included in prop­erty factor for purposes of appor­tioning income to Oregon. Atlantic Richfield Co. v. Dept. of Rev., 301 Or 242, 722 P2d 727 (1986)

Exclusion of intangible prop­erty from formula to determine Oregon business income of California financial organiza­tion engaged in owning, leasing and financing tangible per­sonal prop­erty did not represent fair appor­tion­ment of taxpayers business ac­tivity in Oregon. Crocker Equip­ment Leasing, Inc. v. Dept. of Rev., 314 Or 122, 838 P2d 552 (1992)

Law Review Cita­tions

17 WLR 487 (1981)

Chapter 314

Law Review Cita­tions

9 WLJ 249 (1973); 5 EL 516 (1975)

Related Statutes³

  • 267.370
    District taxing authority
  • 267.385
    Employer payroll tax
  • 268.505
    Income tax
  • 314.296
    Expense paid to related member for use of intangible prop­erty
  • 314.606
    Status of ORS 314.605 to 314.675 when in conflict with Multistate Tax Compact
  • 314.610
    Defini­tions for ORS 314.605 to 314.675
  • 314.615
    When alloca­tion and appor­tion­ment of net income from business ac­tivity re­quired
  • 314.620
    When taxpayer is considered taxable in an­oth­er state
  • 314.670
    Addi­tional methods to determine extent of business ac­tivity in this state
  • 314.682
    Method of appor­tion­ment of interstate broadcaster income
  • 314.695
    Applica­tion of ORS 314.280 and 314.605 to 314.675
  • 316.127
    Income of nonresident from Oregon sources
  • 317.010
    Defini­tions
  • 317.715
    Tax return of corpora­tion in affiliated group making consolidated federal return
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1 Legislative Counsel Committee, CHAPTER 314—Taxes Imposed Upon or Measured by Net Income, http://­www.­leg.­state.­or.­us/­ors/­314.­html External_link_icon(2011) (last ac­cessed Mar. 25, 2012).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2011, Chapter 314, http://­www.­leg.­state.­or.­us/­ors/­annos/­314ano.­htm External_link_icon(2011) (last ac­cessed Mar. 25, 2012).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
 
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