Chapter 314 Taxes Imposed Upon or Measured by Net Income

General Provisions

§ 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. 99-921) 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)

more...

Adjustment Of Returns

§ 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

Pollution Control Facilities

§ 314.255

Collection of taxes due after revocation of certification of pollution control facility

Lobbying Expenditures

§ 314.256

Lobbying expenditures

Conveyance Of Real Estate

§ 314.258

Withholding in certain conveyances of real estate

Remics And Fasits

§ 314.260		Taxation of real estate mortgage investment conduits
§ 314.265		Taxation of financial asset securitization investment trusts

Methods Of Accounting And Reporting Income

§ 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
§ 314.296		Expense paid to related member for use of intangible property
§ 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

more...

Liability Of Transferee Or Owner Of Trust

§ 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

Returns

§ 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

more...

Collecting Delinquent Taxes; Liens; Interest And Additions To Tax; Refunds

§ 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

more...

(Temporary Provisions Relating To Tax Amnesty Program Are Compiled As Notes Following Ors 314.469)

(Temporary Provisions Relating To Enforcement Activities Are Compiled As Notes Following Ors 314.469)

Estimated Tax Procedure

§ 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

Division Of Income For Tax Purposes

(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

(Allocation Of Nonbusiness Income)

§ 314.625		Certain nonbusiness 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

(Apportionment Of Business Income)

§ 314.647		Policy
§ 314.650		Business income apportionment
§ 314.655		Determination of property factor
§ 314.660		Determination of payroll factor
§ 314.665		Determination of sales factor

(Procedure Where Ordinary Determination Not Satisfactory)

§ 314.670

Additional methods to determine extent of business activity in this state

(Apportionment Of Net Loss)

§ 314.675

Apportionment of net loss

(Apportionment Of Income Of Interstate Broadcasters)

§ 314.680		Definitions for ORS 314.680 to 314.690
§ 314.682		Method of apportionment of interstate broadcaster income
§ 314.684		Determination of sales factor
§ 314.686		Determination of net income attributable to business done in state
§ 314.688		Rules
§ 314.690		Scope of provisions

(Application)

§ 314.695

Application of ORS 314.280 and 314.605 to 314.675

Effect Of Multistate Tax Compact

§ 314.705		Computation of tax when income reported as percentage of sales volume
§ 314.710		Application to allocation and apportionment of income

Taxation Of Partnerships And S Corporations

(Partnerships)

§ 314.712		Partnerships not subject to income tax
§ 314.714		Character of partnership income
§ 314.716		Basis of partners interest
§ 314.718		Treatment of contributions to partnership
§ 314.720		Treatment of distributions from partnership
§ 314.722		Publicly traded partnerships taxed as corporations
§ 314.723		Electing large partnerships subject to tax
§ 314.724		Information return

more...

(S Corporations)

§ 314.730		C corporation and S corporation defined for this chapter and ORS chapters 316, 317 and 318
§ 314.732		Taxation of S corporation
§ 314.734		Taxation of shareholders income
§ 314.736		Treatment of distributions by S corporation
§ 314.738		Employee fringe benefits
§ 314.740		Tax on built-in gain
§ 314.742		Tax on excess net passive income
§ 314.744		S corporation or shareholder elections

more...

Pass Through Entities

§ 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

Administrative Provisions

§ 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

more...

Penalties

§ 314.991

Penalties

§ 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

§ 314.306		Income from discharge of indebtedness
§ 314.307		Definitions
§ 314.308		Reportable transactions

§ 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 taxable income
§ 314.403		Listed transaction understatement
§ 314.404		Penalty for failure to report reportable transaction
§ 314.406		Penalty for promotion of abusive tax shelter

§ 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

§ 314.725		Privilege tax applicable to partnerships
§ 314.726		Application of ORS 314.724
§ 314.727		Disclosure of partnership items to partner

§ 314.746		Application of sections 1377 and 1379 of Internal Revenue Code
§ 314.749		Disclosure of S corporation items to shareholder
§ 314.750		Recapture of LIFO benefits
§ 314.752		Business tax credits

§ 314.855		Rewards for information
§ 314.860		Disclosure of elderly rental assistance information to assist in recovery of public assistance overpayments
§ 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