2017 ORS 316.043¹
Tax rates allowed for certain nonpassive income
  • conditions
  • election

(2).

(c) The adjusted rates provided under paragraph (b) of this subsection shall apply to tax years beginning on or after January 1, 2019.

(2)(a) Not later than July 1, 2022, the Legislative Revenue Officer shall report to an interim committee of the Legislative Assembly related to revenue regarding the use of the reduced rates provided in ORS 316.043 (Tax rates allowed for certain nonpassive income) (2). The report shall express as a ratio, for tax years beginning on or after January 1, 2019, and before January 1, 2021, the actual revenue loss resulting from the allowance of reduced rates of taxation provided in ORS 316.043 (Tax rates allowed for certain nonpassive income) (2) divided by actual total income in this state for those tax years. If the ratio exceeds the ratio included in the estimate required under subsection (1)(a) of this section for tax years beginning on or after January 1, 2019, and before January 1, 2021, by more than 25 percent, the rates listed in ORS 316.043 (Tax rates allowed for certain nonpassive income) (2) shall be proportionately adjusted to achieve a ratio of approximately 115 percent of the ratio calculated in subsection (1)(a) of this section for tax years beginning on or after January 1, 2019, and before January 1, 2021. If the ratio is less than 75 percent of the ratio included in the estimate required under subsection (1)(a) of this section for tax years beginning on or after January 1, 2019, and before January 1, 2021, the rates listed in ORS 316.043 (Tax rates allowed for certain nonpassive income) (2) shall be proportionately adjusted to achieve a ratio of approximately 85 percent of the ratio calculated in subsection (1)(a) of this section for tax years beginning on or after January 1, 2019, and before January 1, 2021. The adjusted rates under this subsection may in no event exceed 9.9 percent of taxable income or be reduced to lower than the original rate provided in ORS 316.043 (Tax rates allowed for certain nonpassive income) (2).

(b) The adjusted rates provided under paragraph (a) of this subsection shall apply to tax years beginning on or after January 1, 2023. [2013 s.s. c.5 §13]

Chapter 316

Notes of Decisions

Unless the divorce decree specifically designates that pay­ments are for child support, pay­ments will be treated as alimony. Henderson v. Dept. of Rev., 5 OTR 153 (1972)

The goal of this chapter is to incorporate all of the pro­vi­sions of the federal Internal Revenue Code; taxable income should be adjusted whenever the result of the adjust­ment is to give effect to the policies or principles of the federal Internal Revenue Code, even though no express authority for the adjust­ment is present in the statutes. Christian v. Dept. of Rev., 269 Or 469, 526 P2d 538 (1974); Smith v. Dept. of Rev., 270 Or 456, 528 P2d 73 (1974)

By its enact­ment of this chapter, the legislature intended to adopt §172 of the federal Internal Revenue Code allowing for the carryback and carryforward of net operating losses. Christian v. Dept. of Rev., 269 Or 469, 526 P2d 538 (1974)

Where plaintiff failed to ap­peal timely as re­quired by this sec­tion, ap­peal rights were not preserved so that cause could be considered on merits. Dela Rosa v. Dept. of Rev., 11 OTR 201 (1989), aff’d 313 Or 284, 832 P2d 1228 (1992)

Where taxpayers paid foreign income taxes on foreign income and claimed foreign taxes paid as federal tax credit and as state business expense deduc­tion, taxpayers who claim federal foreign tax credit are entitled only to foreign tax deduc­tion provided in ORS 316.690 (Foreign income taxes). Whipple v. Dept. of Rev., 309 Or 422, 788 P2d 994 (1990)

For purposes of claim preclusion, all issues re­gard­ing taxpayer’s income tax liability for tax year constitute same claim. U.S. Bancorp v. Dept. of Revenue, 15 OTR 13 (1999)

Atty. Gen. Opinions

Political contribu­tions as credit against Oregon tax return, (1974) Vol 37, p 159

Law Review Cita­tions

57 OLR 309 (1978); 16 WLR 373 (1979)

1 Legislative Counsel Committee, CHAPTER 316—Personal Income Tax, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors316.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 316, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano316.­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.