ORS 316.157
Credit for retirement income


(1)

In the case of an eligible individual, there shall be allowed as a credit against the taxes otherwise due under this chapter for the taxable year an amount equal to the lesser of the tax liability of the taxpayer or nine percent of net pension income.

(2)

For purposes of this section:

(a)

“Eligible individual” means any individual who is receiving pension income and who has attained 62 years of age before the close of the taxable year.

(b)

“Household income” means the aggregate income of the taxpayer and the spouse of the taxpayer who reside in the household, that was received during the taxable year for which a credit is claimed, except that “household income” does not include Social Security benefits received by the taxpayer or the spouse of the taxpayer.

(c)

“Income” means “adjusted gross income” as defined in the federal Internal Revenue Code, as amended and in effect on April 1, 2021, even when the amendments take effect or become operative after that date, relating to the measurement of taxable income of individuals, estates and trusts, with the following modifications:

(A)

There shall be added to adjusted gross income the following items of otherwise exempt income:
(i)
The gross amount of any otherwise exempt pension less return of investment, if any.
(ii)
Child support received by the taxpayer.
(iii)
Inheritances.
(iv)
Gifts and grants, the sum of which are in excess of $500 per year.
(v)
Amounts received by a taxpayer or spouse of a taxpayer for support from a parent who is not a member of the taxpayer’s household.
(vi)
Life insurance proceeds.
(vii)
Accident and health insurance proceeds, except reimbursement of incurred medical expenses.
(viii)
Personal injury damages.
(ix)
Sick pay that is not included in federal adjusted gross income.
(x)
Strike benefits excluded from federal gross income.
(xi)
Worker’s compensation, except for reimbursement of medical expense.
(xii)
Military pay and benefits.
(xiii)
Veteran’s benefits.
(xiv)
Payments received under the federal Social Security Act that are excluded from federal gross income.
(xv)
Welfare payments, except as follows:

(I)

Payments for medical care, drugs and medical supplies, if the payments are not made directly to the welfare recipient;

(II)

In-home services authorized and approved by the Department of Human Services; and

(III)

Direct or indirect reimbursement of expenses paid or incurred for participation in work or training programs.
(xvi)
Nontaxable dividends.
(xvii)
Nontaxable interest not included in federal adjusted gross income.
(xviii)
Rental allowance paid to a minister that is excluded from federal gross income.
(xix)
Income from sources without the United States that is excluded from federal gross income.

(B)

Adjusted gross income shall be increased due to the disallowance of the following deductions:
(i)
The amount of the net loss, in excess of $1,000, from all dispositions of tangible or intangible properties.
(ii)
The amount of the net loss, in excess of $1,000, from the operation of a farm or farms.
(iii)
The amount of the net loss, in excess of $1,000, from all operations of a trade or business, profession or other activity entered into for the production or collection of income.
(iv)
The amount of the net loss, in excess of $1,000, from tangible or intangible property held for the production of rents, royalties or other income.
(v)
The amount of any net operating loss carryovers or carrybacks included in federal adjusted gross income.
(vi)
The amount, in excess of $5,000, of the combined deductions or other allowances for depreciation, amortization or depletion.
(vii)
The amount added or subtracted, as required within the context of this section, for adjustments made under ORS 316.680 (Modification of taxable income) (2)(d) and 316.707 (Computation of depreciation of property under federal law) to 316.737 (Amount specially taxed under federal law to be included in computation of state taxable income).

(C)

“Income” does not include the following:
(i)
Any governmental grant that must be used by the taxpayer for rehabilitation of the homestead of the taxpayer.
(ii)
Any refund of Oregon personal income taxes that were imposed under this chapter.

(d)

“Net pension income” means:

(A)

For eligible individuals filing a joint return, the lesser of the pension income of the eligible individuals received during the taxable year or the excess, if any, of $15,000 over the sum of the following amounts:
(i)
Any Social Security benefits received by the eligible individual, or by the spouse of the individual, during the taxable year; and
(ii)
The excess, if any, of household income over $30,000.

(B)

For an eligible individual filing a return other than a joint return, the lesser of the pension income of the eligible individual received during the taxable year or the excess, if any, of $7,500 over the sum of the following amounts:
(i)
Any Social Security benefits received by the eligible individual during the taxable year; and
(ii)
The excess, if any, of household income over $15,000.

(e)

“Pension income” means income included in Oregon taxable income from:

(A)

Distributions from or pursuant to an employee pension benefit plan, as defined in section 3(2) of the Employee Retirement Income Security Act of 1974, which satisfies the requirements of section 401 of the Internal Revenue Code;

(B)

Distributions from or pursuant to a public retirement system of this state or a political subdivision of this state, or a public retirement system created by an Act of this state or a political subdivision of this state, or the public retirement system of any other state or local government;

(C)

Distributions from or pursuant to a federal retirement system created by the federal government for any officer or employee of the United States, including any person retired from service in the United States Civil Service, the Armed Forces of the United States or any agency or subdivision thereof;

(D)

Distributions or withdrawals from or pursuant to an eligible deferred compensation plan which satisfies the requirements of section 457 of the Internal Revenue Code;

(E)

Distributions or withdrawals from or pursuant to an individual retirement account, annuity or trust or simplified employee pension which satisfies the requirements of section 408 of the Internal Revenue Code; and

(F)

Distributions or withdrawals from or pursuant to an employee annuity, including custodial accounts treated as annuities, subject to section 403 (a) or (b) of the Internal Revenue Code.

(f)

“Social Security benefits” means Social Security benefits, as defined in section 86 of the Internal Revenue Code (Title II Social Security or tier 1 railroad retirement benefits).

(3)

If a change in the taxable year of the eligible individual occurs as described in ORS 314.085 (Taxable year), or if the Department of Revenue terminates the tax year of the eligible individual under ORS 314.440 (Tax as debt), the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085 (Taxable year).

(4)

If a change in the status of the eligible individual from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with subsection (1) of this section. [1991 c.823 §5; 1997 c.839 §13; 1999 c.90 §12; 2001 c.660 §39; 2015 c.348 §19; 2015 c.480 §9; 2016 c.33 §22; 2017 c.315 §24; 2017 c.527 §22; 2018 c.101 §22; 2019 c.319 §23; 2021 c.456 §23]
Note: Section 36, chapter 913, Oregon Laws 2009, provides:
Sec. 36. A credit may not be claimed under ORS 316.157 (Credit for retirement income) for tax years beginning on or after January 1, 2026. [2009 c.913 §36; 2013 c.750 §9; 2019 c.579 §27]

Source: Section 316.157 — Credit for retirement income, https://www.­oregonlegislature.­gov/bills_laws/ors/ors316.­html.

316.002
Short title
316.003
Goals
316.007
Policy
316.012
Terms have same meaning as in federal laws
316.013
Determination of federal adjusted gross income
316.018
Application of Payment-in-Kind Tax Treatment Act of 1983
316.022
General definitions
316.024
Application of federal law to determination of taxable income
316.026
Charitable contributions or activities not to be used for domicile or resident status determination
316.027
“Resident” defined
316.028
Determination of net operating loss, carryback and carryforward
316.029
Disallowance of subtraction for amounts included in calculation of net operating loss
316.032
Department to administer law
316.037
Imposition and rate of tax
316.042
Amount of tax where joint return used
316.043
Tax rates allowed for certain qualifying income
316.044
Estimates by Legislative Revenue Officer
316.045
Tax rate imposed on certain long-term capital gain from farming
316.047
Transitional provision to prevent doubling income or deductions
316.048
Taxable income of resident
316.054
Social Security benefits to be subtracted from federal taxable income
316.056
Interest or dividends on obligations of state or public bodies subtracted from federal taxable income
316.078
Tax credit for dependent care expenses necessary for employment
316.079
Credit for certain disabilities
316.082
Credit for taxes paid another state
316.085
Personal exemption credit
316.087
Credit for the elderly or permanently and totally disabled
316.090
Credit for manufactured dwelling park closure
316.099
Credit for early intervention services for child with disability
316.102
Credit for political contributions
316.109
Credit for tax by another jurisdiction on sale of residential property
316.116
Credit for alternative energy device
316.117
Proration between Oregon income and other income for nonresidents, part-year residents and trusts
316.118
Pro rata share of S corporation income of nonresident shareholder
316.119
Proration of part-year resident’s income between Oregon income and other income
316.122
Separate or joint determination of income for spouses in a marriage
316.124
Determination of adjusted gross income of nonresident partner
316.127
Income of nonresident from Oregon sources
316.130
Determination of taxable income of full-year nonresident
316.131
Credit allowed to nonresident for taxes paid to state of residence
316.147
Definitions for ORS 316.147 to 316.149
316.148
Credit for expenses in lieu of nursing home care
316.149
Evidence of eligibility for credit
316.157
Credit for retirement income
316.158
Effect upon ORS 316.157 of determination of invalidity
316.159
Subtraction for certain retirement distributions contributed to retirement plan during period of nonresidency
316.162
Definitions for ORS 316.162 to 316.221
316.164
When surety bond or letter of credit required of employer
316.167
Withholding of tax required
316.168
Employer required to file combined quarterly tax report
316.169
Circumstances in which person other than employer required to withhold tax
316.171
Application of tax and report to administration of tax laws
316.172
Department to provide deduction and withholding information and determine amount, form and manner of withholding by employers
316.177
Reliance on withholding statement or exemption certificate
316.182
Withholding statement of exemption certificate
316.187
Amount withheld is in payment of employee’s tax
316.189
Withholding of state income taxes from certain periodic payments
316.191
Withholding taxes at time and in manner other than required by federal law
316.193
Withholding of state income taxes from federal retired pay for members of uniformed services
316.194
Withholding from lottery prize payments
316.196
Withholding of state income taxes from federal retirement pay for civil service annuitant
316.197
Payment to department by employer
316.198
Payment by electronic funds transfer
316.202
Reports by employer
316.207
Liability for tax
316.209
Applicability of ORS 316.162 to 316.221 when services performed by qualified real estate broker or direct seller
316.212
Applicability of other provisions of tax law
316.213
Definitions for ORS 316.213 to 316.219
316.214
Withholding requirements for members of professional athletic teams
316.218
Annual report of compensation paid to professional athletic team members
316.219
Rules
316.220
Alternative withholding requirements for qualifying film production compensation
316.221
Disposition of withheld amounts
316.223
Alternate methods of filing, reporting and calculating liability for nonresident employer and employee in state temporarily
316.267
Application of chapter to estates and certain trusts
316.272
Computation and payment on estate or trust
316.277
Associations taxable as corporations exempt from chapter
316.279
Treatment of business trusts and business trusts income
316.282
Definitions related to trusts and estates
316.287
“Fiduciary adjustment” defined
316.292
Credit for taxes paid another state
316.298
Accumulation distribution credit
316.302
“Nonresident estate or trust” defined
316.307
Income of nonresident estate or trust
316.312
Determination of Oregon share of income
316.317
Credit to beneficiary for accumulation distribution
316.362
Persons required to make returns
316.363
Returns
316.364
Flesch Reading Ease Score form instructions
316.367
Joint return by spouses in a marriage
316.368
When joint return liability divided
316.369
Circumstances where one spouse relieved of joint return liability
316.372
Minor to file return
316.377
Individual under disability
316.382
Returns by fiduciaries
316.387
Election for final tax determination by personal representative
316.392
Notice of qualification of receiver and others
316.417
Date return considered made or advance payment made
316.457
Department may require copy of federal return
316.462
Change of election
316.472
Tax treatment of common trust fund
316.502
Distribution of revenue to General Fund
316.557
Definition of “estimated tax.”
316.559
Application of ORS 316.557 to 316.589 to estates and trusts
316.563
When declaration of estimated tax required
316.567
Joint declaration of spouses in a marriage
316.569
When declaration required of nonresident
316.573
When individual not required to file declaration
316.577
Date of filing declaration
316.579
Amount of estimated tax to be paid with declaration
316.583
Effect of payment of estimated tax or installment
316.587
Effect of underpayment of estimated tax
316.588
When interest on underpayment not imposed
316.589
Application to short tax years and tax years beginning on other than January 1
316.680
Modification of taxable income
316.681
Interest or dividends to benefit self-employed or individual retirement accounts
316.683
State exempt-interest dividends
316.685
Federal income tax deductions
316.687
Amount in excess of standard deduction for child, if child’s income included on parent’s federal return
316.690
Foreign income taxes
316.693
Subtraction for medical expenses of elderly individuals
316.695
Additional modifications of taxable income
316.697
Fiduciary adjustment
316.698
Subtraction for qualifying film production labor rebates
316.699
Subtraction for contributions to savings network account for higher education or ABLE account
316.707
Computation of depreciation of property under federal law
316.716
Differences in basis on federal and state return
316.737
Amount specially taxed under federal law to be included in computation of state taxable income
316.738
Modification of taxable income when deferred gain is recognized as result of out-of-state disposition of property
316.739
Deferral of deduction for certain amounts deductible under federal law
316.744
Cash payments for energy conservation
316.747
Contribution to charitable organization subject to disqualification order
316.749
Dividend from domestic international sales corporation
316.752
Definitions for ORS 316.752 to 316.771
316.758
Additional personal exemption credit for persons with severe disabilities
316.765
Additional personal exemption credit for spouse of person with severe disability
316.771
Proof of status for exemption credit
316.777
Income derived from sources within federally recognized Indian country exempt from tax
316.778
Small city business development exemption
316.783
Amounts received for condemnation of Indian tribal lands
316.785
Income derived from exercise of Indian fishing rights
316.787
Payments to Japanese and Aleuts under Civil Liberties Act of 1988
316.792
Military pay
316.795
Exemption for payments to tenants of manufactured dwelling parks upon termination of rental agreement
316.796
Definitions
316.797
First-time home buyer savings account
316.798
Subtraction for contributions
316.800
Limits phased out based on income applicable to subtraction or exemption
316.801
Addition for certain amounts withdrawn
316.803
Obligations of financial institution
316.806
Definitions for ORS 316.806 to 316.818
316.812
Certain traveling expenses
316.818
Proof of expenses
316.821
Federal election to deduct sales taxes
316.824
Definitions for ORS 316.824 and 316.832
316.832
Travel expenses for loggers
316.836
Qualified production activities income
316.837
Addition for federal prescription drug plan subsidies excluded for federal tax purposes
316.838
Art object donation
316.844
Special computation of gain or loss where farm use value used
316.845
Exception to ORS 316.844
316.846
Scholarship awards used for housing expenses
316.847
National service educational award
316.848
Individual development accounts
316.852
Qualified donations and sales to educational institutions
316.853
Addition for amount deducted as deemed repatriation
316.856
Severance pay
316.859
Addition for amount deducted as qualified business income from pass-through entity
316.970
Effect of chapter 493, Oregon Laws 1969
316.992
Penalty for filing incorrect return that is based on frivolous position or is intended to delay or impede administration
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