ORS 315.144¹
Transfer of biomass credit

(1) A person that has obtained a tax credit under ORS 315.141 (Biomass production or collection) may transfer the credit for consideration to a taxpayer subject to tax under ORS chapter 316, 317 or 318.

(2) To transfer the tax credit, the taxpayer earning the credit and the taxpayer that will claim the credit shall jointly file a notice of tax credit transfer with the Department of Revenue. The notice shall be given on a form prescribed by the department that contains all of the following:

(a) The name, address and taxpayer identification number of the transferor and transferee;

(b) The amount of the tax credit; and

(c) Any other information required by the department.

(3) Notwithstanding subsection (1) of this section, a tax credit may not be transferred under this section:

(a) From an agricultural producer to a biomass collector claiming a credit for collecting the biomass; or

(b) From a biomass collector to an agricultural producer claiming a credit for producing the biomass. [2007 c.739 §3]

Note: See note under 315.141 (Biomass production or collection).

Chapter 315

Notes of Decisions

State could not recalculate tax for tax year closed to review in order to prevent elective carry forward of tax credit to tax year subject to review. Smurfit Newsprint Corp. v. Dept. of Revenue, 329 Or 591, 997 P2d 185 (2000)

1 Legislative Counsel Committee, CHAPTER 315—Personal and Corporate Income or Excise Tax Credits, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors315.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 315, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­315ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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. Currency Information