2017 ORS 268.505¹
Income tax
  • rate limitation
  • elector approval required

(1) Subject to the provisions of a district charter, to carry out the purposes of this chapter, a district may by ordinance impose a tax:

(a) Upon the entire taxable income of every resident of the district subject to tax under ORS chapter 316 and upon the taxable income of every nonresident that is derived from sources within the district which income is subject to tax under ORS chapter 316; and

(b) On or measured by the net income of a mercantile, manufacturing, business, financial, centrally assessed, investment, insurance or other corporation or entity taxable as a corporation doing business, located, or having a place of business or office within or having income derived from sources within the district which income is subject to tax under ORS chapter 317 or 318.

(2) The rate of the tax imposed by ordinance adopted under authority of subsection (1) of this section shall not exceed one percent. The tax may be imposed and collected as a surtax upon the state income or excise tax.

(3) Any ordinance adopted pursuant to subsection (1) of this section may require a nonresident, corporation or other entity taxable as a corporation having income from activity both within and without the district taxable by the State of Oregon to allocate and apportion such net income to the district in the manner required for allocation and apportionment of income under ORS 314.280 (Allocation of income of financial institution or public utility from business within and without state) and 314.605 (Short title) to 314.675 (Apportionment of net loss).

(4) If a district adopts an ordinance under this section, the ordinance shall be consistent with any state law relating to the same subject, and with rules and regulations of the Department of Revenue prescribed under ORS 305.620 (Collection and distribution of local taxes on income and sales).

(5) Any ordinance adopted by the district under subsection (1) of this section shall receive the approval of the electors of the district before taking effect. [1977 c.665 §22; 1997 c.833 §17]

Chapter 268

Notes of Decisions

Limita­tion of chapter ap­pli­ca­bil­i­ty to statutorily defined area within boundaries of Clackamas, Multnomah and Washington counties and preclusion of forma­tion of addi­tional metropolitan service districts in state, did not create corpora­tion by special law in viola­tion of Const. Art. XI sec 2. Reilley v. Secretary of State, 288 Or 573, 607 P2d 162 (1980)

Atty. Gen. Opinions

Authority of district to borrow waste disposal planning funds from Environ­mental Quality Commission, (1972) Vol 35, p 1117; Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

Law Review Cita­tions

51 OLR 53 (1971); 93 OLR 455 (2014)

1 Legislative Counsel Committee, CHAPTER 268—Metropolitan Service Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 268, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.