2015 ORS 317.122¹
Insurers
  • amounts paid for certain taxes and assessments

(1) A credit against taxes imposed by this chapter shall be allowed insurers for the gross premium tax paid on fire insurance premiums in accordance with ORS 731.820 (Gross premium tax on fire insurance premiums).

(2) A credit against the taxes otherwise due under this chapter shall be allowed to an insurer. The amount of the credit shall be the lesser of:

(a) The amount of any assessments paid by the insurer during the tax year pursuant to ORS 656.612 (Assessments for department activities); or

(b) The total profit attributable to the workers’ compensation line of business, net of reinsurance and including all investment gain attributable to the workers’ compensation line of business, determined in the manner prescribed under ORS 731.574 (Annual financial statement) by the Director of the Department of Consumer and Business Services, with the modifications under ORS 317.655 (Taxable income of insurer) attributable to the workers’ compensation line of business, and then apportioned in accordance with ORS 317.660 (Allocation of net income where insurer has both in-state and out-of-state business) and multiplied by the corporate tax rate set forth in ORS 317.061 (Tax rate). In making the apportionment under ORS 317.660 (Allocation of net income where insurer has both in-state and out-of-state business) for purposes of this paragraph, the insurance sales factor shall be determined using only items attributable to the workers’ compensation line of business. [Formerly 317.076; 1995 c.786 §14; 2007 c.716 §2]

Note: Section 20, chapter 913, Oregon Laws 2009, provides:

Sec. 20. (1) A credit may not be claimed under ORS 317.122 (Insurers) (1) for tax years beginning on or after January 1, 2018.

(2) A credit may not be claimed under ORS 317.122 (Insurers) (2) for tax years beginning on or after January 1, 2014. [2009 c.913 §20; 2011 c.730 §4; 2013 c.750 §46]

Chapter 317

Notes of Decisions

Congress is empowered by Commerce Clause, U.S. Const. Art. I, Sec­tion VIII, to place three year moratorium on "doing business" taxes imposed by states on federally insured savings and loan associa­tions which do not have their principal place of business in taxing state. Pac. First Fed. Savings & Loan v. Dept. of Rev., 293 Or 138, 645 P2d 27 (1982)

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


1 Legislative Counsel Committee, CHAPTER 317—Corporation Excise Tax, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors317.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 317, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano317.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.