2017 ORS 315.179¹
Transferability of credit

(1) A person that has obtained a tax credit under ORS 315.176 (Bovine manure production or collection) may transfer the credit to a taxpayer subject to tax under ORS chapter 316, 317 or 318. A transfer that occurs on or after January 1, 2018, is conditioned upon compliance with this section and ORS 315.052 (Limitation on transfer or sale of credit) and 315.053 (Restriction on types of transferees).

(2) The Department of Revenue may require that the person that has earned the credit and the taxpayer that intends to claim the credit jointly file a notice of tax credit transfer with the department on or before the earliest of the following dates:

(a) A date 30 days after the transfer of the credit;

(b) The date on which the transferee files a return; or

(c) The due date, including extensions, of the transferee’s return.

(3) The notice shall be given on a form prescribed by the department that contains:

(a) The name and address of the transferor and of the transferee;

(b) The taxpayer identification number of the transferor and of the transferee;

(c) The dates on which the person earning the credit received certifications for the credit;

(d) The amount of the credit that is certified, the amount that is being transferred and the amount that is being retained by the transferor; and

(e) Any other information required by the department.

(4)(a) A transferor may separately transfer the entirety of that portion corresponding to the tax year to one or more transferees, subject to subsection (5) of this subsection.

(b) Any amount of credit that would be allowed due only to a carryforward provision may not be transferred.

(5) Any transfer of a tax credit or a portion of a tax credit must be completed no later than the earliest of the following dates in relation to the tax return on which it is claimed:

(a) The original due date, including extensions, of the transferor’s return;

(b) The date on which the transferor’s return is actually filed;

(c) The original due date, including extensions, of the transferee’s return; or

(d) The date on which the transferee’s return is actually filed.

(6) If the transferor is a tax-exempt entity, the transfer must be completed on or before a date one year after the close of the tax year for which the credit receives final certification. As used in this subsection, “tax-exempt entity” means a government agency or an organization that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code.

(7) The transferee shall claim the credit in accordance with the provisions of ORS 315.176 (Bovine manure production or collection) for the tax years in which the credit is allowed.

(8) The department by rule may establish policies and procedures for the implementation of this section. [2017 c.610 §8]

Note: 315.179 (Transferability of credit) to 315.184 (Annual limitation on total amount of tax credits) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 315 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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/­ors/­ors315.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 315, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano315.­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.