ORS 314.610
Definitions for ORS 314.605 to 314.675


As used in ORS 314.605 (Short title) to 314.675 (Apportionment of net loss), unless the context otherwise requires:

(1)

“Apportionable income” means:

(a)

Intentionally left blank —Ed.

(A)

Income arising from transactions and activity in the regular course of the taxpayer’s trade or business;

(B)

Income arising from the acquisition, management, employment, development or disposition of tangible and intangible property if the acquisition, management, employment, development or disposition is related to the operation of the taxpayer’s trade or business; and

(C)

Any other income that is apportionable under the Constitution of the United States and not allocated under the laws of this state; and

(b)

Any income that would be allocable to this state under the Constitution of the United States, but that is apportioned rather than allocated pursuant to the laws of this state.

(2)

“Commercial domicile” means the principal place from which the trade or business of the taxpayer is directed or managed.

(3)

“Compensation” means wages, salaries, commissions and any other form of remuneration paid to employees for personal services.

(4)

“Financial institution” means a person, corporation or other business entity that is any of the following:

(a)

A bank holding company under the laws of this state or under the federal Bank Holding Company Act of 1956, 12 U.S.C. 1841 et seq., as amended.

(b)

A savings and loan holding company under the National Housing Act, 12 U.S.C. 1701 et seq., as amended.

(c)

A national bank organized and existing as a national bank association under the National Bank Act, 12 U.S.C. 21 et seq., as amended.

(d)

A savings association, as defined in 12 U.S.C. 1813(b)(1), as amended.

(e)

A bank or thrift institution incorporated or organized under the laws of any state.

(f)

An entity organized under the provisions of 12 U.S.C. 611 to 631, as amended.

(g)

An agency or branch of a foreign bank, as defined in 12 U.S.C. 3101, as amended.

(h)

A state credit union with loan assets that exceed $50,000,000 as of the first day of the taxable year of the state credit union.

(i)

A production credit association subject to 12 U.S.C. 2071 et seq., as amended.

(j)

A corporation, more than 50 percent of the voting stock of which is owned, directly or indirectly, by a person, corporation or other business entity described in paragraphs (a) to (i) of this subsection, provided that the corporation is not an insurer taxable under ORS 317.655 (Taxable income of insurer).

(k)

An entity that is not otherwise described in this subsection, that is not an insurer taxable under ORS 317.655 (Taxable income of insurer) and that derives more than 50 percent of its gross income from activities that a person, corporation or entity described in paragraph (c), (d), (e), (f), (g), (h), (i) or (L) of this subsection is authorized to conduct, not taking into account any income derived from nonrecurring extraordinary sources.

(L)

A person that derives at least 50 percent of the person’s annual average gross income, for financial accounting purposes for the current tax year and the two preceding tax years, from finance leases, excluding any gross income from incidental or occasional transactions. For purposes of this paragraph, “finance lease” means:

(A)

A lease transaction that is the functional equivalent of an extension of credit and that transfers substantially all of the benefits and risks of the ownership of the leased property;

(B)

A direct financing lease or a leverage lease that meets the criteria of Financial Accounting Standards Board Statement No. 13; or

(C)

Any other lease that is accounted for as a financing by a lessor under generally accepted accounting principles.

(5)

“Nonapportionable income” means all income other than apportionable income.

(6)

“Public utility” means any business entity whose principal business is ownership and operation for public use of any plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, oil, oil products or gas.

(7)

“Sales” means all gross receipts of the taxpayer that are not allocated under ORS 314.615 (When allocation and apportionment of net income from business activity required) to 314.645 (Allocation to this state of patent and copyright royalties) and that are received from transactions and activity occurring in the regular course of the taxpayer’s trade or business, except:

(a)

Intentionally left blank —Ed.

(A)

Receipts from hedging transactions and from the maturity, redemption, sale, exchange, loan or other disposition of cash or securities;

(B)

Property or money received or acquired by an agent, intermediary, fiduciary or other person acting in a similar capacity on behalf of another in excess of the recipient’s commission, fee or other remuneration; or

(C)

Amounts received from others and held in trust by the taxpayer; or

(b)

Other exceptions designated by rule by the Department of Revenue.

(8)

“State” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. [1965 c.152 §2; 1997 c.631 §452; 2009 c.403 §1; 2017 c.43 §1; 2017 c.622 §1]

Source: Section 314.610 — Definitions for ORS 314.605 to 314.675, https://www.­oregonlegislature.­gov/bills_laws/ors/ors314.­html.

Notes of Decisions

Interest income obtained from funds held in trust for plaintiff’s customers by plaintiff was income arising from transactions in regular course of taxpayer’s trade or business under this section. Gelderman and Company, Inc. v. Dept. of Rev., 10 OTR 249 (1985)

Where business asset is involuntarily converted, whether compensation paid for conversion is “business income” depends on taxpayer’s disposition of compensation. Simpson Timber Company v. Dept. of Revenue, 13 OTR 315 (1995), aff’d 326 Or 370, 953 P2d 366 (1998)

Interest received as delay compensation for involuntary conversion of business asset is “business income.” Simpson Timber Company v. Dept. of Revenue, 13 OTR 315 (1995), aff’d 326 Or 370, 953 P2d 366 (1998)

Whether income arises from transactions and activities in regular course of business and whether income from property is integral part of taxpayer’s regular trade or business are separately applied tests for identifying business income. Pennzoil Co. v. Dept. of Revenue, 15 OTR 101 (2000), aff’d 332 Or 542, 33 P3d 314 (2001)

314.011
Definitions
314.015
Soccer referees considered independent contractors
314.021
Application of chapter
314.023
Application to partners in domestic partnership and to surviving partners
314.029
Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to personal income tax
314.031
Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to corporate excise and income tax
314.033
Application of federal Tax Reform Act of 1986 (P.L. 99-514)
314.035
Application of Omnibus Budget Reconciliation Act of 1987 (P.L. 100-203), Family Support Act of 1988 (P.L. 100-485) and Technical and Miscellaneous Revenue Act of 1988 (P.L. 100-647)
314.037
Application of P.L. 101-140, Omnibus Budget Reconciliation Act of 1989 (P.L. 101-239) and Omnibus Budget Reconciliation Act of 1991 (P.L. 101-508)
314.039
Application of P.L. 102-2, Comprehensive National Energy Policy Act of 1992 (P.L. 102-486), Unemployment Compensation Amendments of 1992 (P.L. 102-318), Tax Extension Act of 1991 (P.L. 102-227) and Emergency Unemployment Compensation Act of 1991 (P.L. 102-164)
314.041
Application of Revenue Reconciliation Act of 1993 (P.L. 103-66), the Uruguay Round Agreements Act (P.L. 103-465) and P.L. 104-7
314.043
Application of ICC Termination Act of 1995 (P.L. 104-88), P.L. 104-117, Omnibus Consolidated Rescissions and Appropriations Act of 1996 (P.L. 104-134), Small Business Job Protection Act of 1996 (P.L. 104-188), Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193)
314.045
Application of Taxpayer Relief Act of 1997 (P.L. 105-34), Taxpayer Browsing Protection Act (P.L. 105-35), Balanced Budget Act of 1997 (P.L. 105-33), Internal Revenue Service Restructuring and Reform Act of 1998 (P.L. 105-206), Transportation Equity Act for the 21st Century (P.L. 105-178) and Tax and Trade Relief Extension Act of 1998 (P.L. 105-277)
314.047
Application of Tax Relief Extension Act of 1999 (P.L. 106-170) and FSC Repeal and Extraterritorial Income Exclusion Act of 2000 (P.L. 106-519)
314.049
Application of Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) and Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)
314.051
Application of Veterans Benefit Act of 2002 (P.L. 107-330), Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108-27), Military Family Tax Relief Act of 2003 (P.L. 108-121), Working Families Tax Relief Act of 2004 (P.L. 108-311) and American Jobs Creation Act of 2004 (P.L. 108-357)
314.053
Application of Deficit Reduction Act of 2005 (P.L. 109-171), Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) and Pension Protection Act of 2006 (P.L. 109-280)
314.055
Application of Energy Independence and Security Act of 2007 (P.L. 110-140), Mortgage Forgiveness Debt Relief Act of 2007 (P.L. 110-142), Tax Increase Prevention Act of 2007 (P.L. 110-166) and Tax Technical Corrections Act of 2007 (P.L. 110-172)
314.057
Application of Economic Stimulus Act of 2008 (P.L. 110-185), Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245), Food, Conservation, and Energy Act of 2008 (P.L. 110-246), Housing and Economic Recovery Act of 2008 (P.L. 110-289), Emergency Economic Stabilization Act of 2008, Energy Improvement and Extension Act of 2008, Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (P.L. 110-343) and Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351)
314.059
Application of American Recovery and Reinvestment Act of 2009 (P.L. 111-5)
314.061
Application of Consumer Assistance to Recycle and Save Act of 2009 (P.L. 111-32) and Worker, Homeownership, and Business Assistance Act of 2009 (P.L. 111-92)
314.063
Application of Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act (P.L. 111-226), Patient Protection and Affordable Care Act (P.L. 111-148), Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (P.L. 111-192), Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and Homebuyer Assistance and Improvement Act of 2010 (P.L. 111-198)
314.075
Evading requirements of law prohibited
314.078
Determination of tax credit amounts
314.080
Venue on failure to comply with law
314.085
Taxable year
314.091
Abeyance of tax during periods of active duty military service
314.105
Definitions for ORS 314.105 to 314.135
314.115
Adjustment to correct effect of certain errors
314.125
When adjustment may be made
314.135
Computation
314.140
Adjustment of returns of related taxpayers after reallocation of income or deduction on federal return
314.255
Collection of taxes due after revocation of certification of pollution control facility
314.256
Lobbying expenditures
314.258
Withholding in certain conveyances of real estate
314.260
Taxation of real estate mortgage investment conduits
314.276
Method of accounting
314.280
Allocation of income of financial institution or public utility from business within and without state
314.287
Costs allocable to inventory
314.295
Apportionment or allocation where two or more organizations, trades or businesses are owned or controlled by the same interests
314.297
Election for alternative determination of farm income
314.300
Passive activity loss
314.302
Interest on deferred tax liabilities with respect to installment obligations
314.306
Income from discharge of indebtedness
314.307
Definitions
314.308
Reportable transactions
314.310
Liability of transferee of taxpayer for taxes imposed on taxpayer
314.330
Lien if grantor or other person determined to be owner of trust
314.355
Returns when tax year changed
314.360
Information returns
314.362
Filing return on magnetic media or other machine-readable form
314.364
Authority of department to require filing of returns by electronic means
314.370
Department requiring return or supplementary return
314.380
Furnishing copy of federal or other state return or report
314.385
Form of returns
314.395
Time for payment of tax
314.397
Manner of payment
314.400
Penalty for failure to file report or return or to pay tax when due
314.401
De minimis tax payment not required
314.402
Understatement of net tax
314.403
Listed transaction understatement
314.404
Penalty for failure to report reportable transaction
314.406
Penalty for promotion of abusive tax shelter
314.407
Assessment of taxes owing but not submitted with return
314.410
Time limit for notice of deficiency
314.412
Issuing of notice of deficiency attributable to involuntary conversion
314.415
Refunds
314.417
Unpaid tax or withholding lien at time of assessment
314.419
Foreclosure of lien
314.421
When lien valid
314.423
Status of lien
314.425
Examining books, records or persons
314.430
Warrant for collection of taxes
314.440
Tax as debt
314.466
Audits, deficiencies, assessments, refunds and appeals governed by ORS chapter 305
314.469
Treatment of moneys collected under ORS 314.406
314.505
Estimate of tax liability by corporations
314.515
Installment schedule for payment of estimated tax
314.518
Estimated tax payments by electronic funds transfer
314.520
State agency authority over certain electronic funds transfer payments
314.525
Underpayment of estimated tax
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
314.625
Certain nonapportionable income to be allocated
314.630
Allocation to this state of net rents and royalties
314.635
Allocation to this state of capital gains and losses
314.640
Allocation to this state of interest and dividends
314.642
Allocation to this state of lottery prizes
314.645
Allocation to this state of patent and copyright royalties
314.647
Policy
314.650
Apportionment of income
314.655
Determination of property factor
314.660
Determination of payroll factor
314.665
Determination of sales factor
314.666
Market for sales in this state
314.667
Additional methods to determine extent of business activity in this state
314.668
Definitions
314.669
Legislative findings
314.671
Qualifying investment contract
314.673
Rules
314.674
Apportionment of broadcasting sales
314.675
Apportionment of net loss
314.695
Application of ORS 314.280 and 314.605 to 314.675
314.698
Treatment of global intangible low-taxed income
314.712
Partnerships not subject to income tax
314.714
Character of partnership income
314.716
Basis of partner’s interest
314.718
Treatment of contributions to partnership
314.720
Treatment of distributions from partnership
314.722
Publicly traded partnerships taxed as corporations
314.724
Information return
314.725
Privilege tax applicable to partnerships
314.726
Application of ORS 314.724
314.727
Disclosure of partnership items to partner
314.731
Definitions
314.733
Requirement to report adjustments from partnership-level audit or administrative adjustment request
314.735
Time limit for notice of deficiency
314.737
Time limit for claim for refund or credit
314.739
Obligation or right of partner to report changes in taxable income or tax liability
314.761
“C corporation” and “S corporation” defined for this chapter and ORS chapters 316, 317 and 318
314.762
Taxation of S corporation
314.763
Taxation of shareholder’s income
314.764
Treatment of distributions by S corporation
314.765
Employee fringe benefits
314.766
Tax on built-in gain
314.767
Tax on excess net passive income
314.768
S corporation or shareholder elections
314.769
Application of sections 1377 and 1379 of Internal Revenue Code
314.770
Disclosure of S corporation items to shareholder
314.771
Recapture of LIFO benefits
314.772
Business tax credits
314.775
Definitions for ORS 314.775 to 314.784
314.778
Composite returns of pass-through entities
314.781
Withholding
314.784
Circumstances when pass-through entity withholding is not required
314.805
Department to administer and enforce laws
314.810
Administering oaths and taking acknowledgments
314.815
Rules and regulations
314.835
Divulging particulars of returns and reports prohibited
314.840
Disclosure of information
314.843
Reporting of information to consumer reporting agency
314.845
Certificate of department as evidence
314.850
Statistics
314.855
Rewards for information
314.865
Use of certain information for private benefit prohibited
314.870
Time for performing certain acts postponed by reason of service in a combat zone
314.991
Penalties
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