ORS 317.655
Taxable income of insurer

  • computation
  • exclusion for certain life insurance or annuity accounts

(1)

For purposes of the tax imposed under ORS 317.070 (Tax on centrally assessed, mercantile, manufacturing and business corporations and financial institutions), the Oregon taxable income of an insurer shall be the insurer’s “net gain from operations” or “net income” determined in the manner prescribed by the Department of Consumer and Business Services on its Annual Statement Form for the taxable year, as adjusted pursuant to ORS 317.010 (Definitions) (11), 317.122 (Insurers) and 317.650 (Insurers) to 317.665 (Oregon net losses of insurer in prior years).

(2)

The Oregon taxable income of an insurer shall be computed by adding or subtracting, to the insurer’s net gain from operations as determined under subsection (1) of this section, such of the following items as apply to the insurer:

(a)

Add the amount of federal and state income taxes deducted by the insurer in computing its net gain from operations.

(b)

Add penalty interest received by the insurer arising out of prepayment of loans made by the insurer.

(c)

Add realized gains and losses on sales or exchanges by the insurer of property.

(d)

Subtract, if the insurer so elects, additional or accelerated depreciation on real and personal property that is in excess of the depreciation deducted by the method used in computing the insurer’s net gain from operations.

(e)

Subtract that amortized portion of the contribution for past service credits made to qualified plans and exempt trusts for employees allowed as a deduction.

(f)

Add or subtract, as appropriate, increases or decreases in mandatory reserves that the insurer is required to maintain by law or by rules or directives of the Director of the Department of Consumer and Business Services or the insurance director or commissioner of the state of domicile of the foreign or alien insurer, other than increases or decreases that (A) are deducted in arriving at the insurer’s net gain from operations, or (B) result from net gains or losses, realized or unrealized, in the value of the insurer’s property and investments.

(g)

Add or subtract, as appropriate, increases or decreases in reserves for policies and obligations outstanding before the beginning of the taxable year resulting from changes in the bases and methods of computing such reserves that are justified by accounting and actuarial practices applicable to or accepted by the insurance industry, commonly known as “reserve strengthening” or “reserve weakening.”

(3)

Income, expenses, gains, losses, exclusions, deductions, assets, reserves, liabilities and other items properly attributable to one or more separate accounts authorized under ORS 733.220 (Establishment and regulation of separate accounts to fund life insurance or annuities) shall not be taken into account in determining taxable income of an insurer under ORS 317.010 (Definitions) (11), 317.122 (Insurers) and 317.650 (Insurers) to 317.665 (Oregon net losses of insurer in prior years) until such amounts or items are returned to and reflected on the general accounts of such insurer so as to be available generally to or for the benefit of contract and policyholders of the insurer. [Formerly 317.197; 1995 c.786 §16]

Source: Section 317.655 — Taxable income of insurer; computation; exclusion for certain life insurance or annuity accounts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors317.­html.

317.005
Short title
317.010
Definitions
317.013
Adoption of parts of Internal Revenue Code and application of federal laws and regulations
317.018
Statement of purpose
317.019
Application of Payment-in-kind Tax Treatment Act of 1983
317.025
Omission of previously enacted savings clauses from Oregon Revised Statutes
317.030
Effect of chapter
317.035
Effect of subsequent repeal of chapter
317.038
Computation of Oregon taxable history
317.061
Tax rate
317.063
Tax rate imposed on certain long-term capital gain from farming
317.067
Tax on homeowners association income
317.070
Tax on centrally assessed, mercantile, manufacturing and business corporations and financial institutions
317.080
Exempt corporations
317.090
Minimum tax
317.092
Exemption of payments to tenant of manufactured dwelling park upon termination of rental agreement
317.097
Lending institution loans for housing
317.111
Weatherization loan interest
317.112
Energy conservation loans to residential fuel oil customers or wood heating residents
317.122
Insurers
317.124
Long term enterprise zone facilities
317.125
Other tax credits limited
317.127
Long Term Enterprise Zone Fund
317.129
Tax payments of long term enterprise zone facilities credit claimants
317.131
Distribution of funds to local governments
317.147
Agriculture workforce housing loans
317.151
Contributions of computers or scientific equipment for research to educational organizations
317.152
Qualified research activities credit
317.153
Qualified research activities
317.154
Alternative qualified research activities credit
317.190
Effect on reporting income
317.195
Effect on deductions allowed
317.259
Modifications generally
317.267
Dividends received by corporation from certain other corporations
317.273
Dividend income received by domestic corporation from certain foreign corporations
317.283
Nonrecognition of transactions with related domestic international sales corporation
317.286
Nonrecognition of transactions with related foreign sales corporation
317.301
Deferral of deduction for certain amounts deductible under federal law
317.303
Deduction or adjustment for certain federal credits
317.304
Addition for unused qualified business credits
317.307
Reduction for charitable contribution deduction under federal law
317.309
Interest and dividends received from obligations of state or political subdivision
317.310
Balance in bad debt reserve of financial institution which has changed from reserve method to specific charge-off method of accounting
317.311
Application of section 243 of Tax Reform Act of 1986
317.312
Federal depreciation expenses of certain health care service contractors
317.314
Taxes on net income or profits imposed by any state or foreign country
317.319
Capital Construction Fund
317.322
Addition of long term care insurance premiums if credit is claimed
317.327
Modification of taxable income when deferred gain is recognized as result of out-of-state disposition of property
317.329
Basis for stock acquisition
317.344
Net operating loss carryback and carryover
317.349
Transaction treated as lease purchase under federal law
317.351
ORS 317.349 not applicable to finance leases
317.356
Basis on disposition of asset
317.362
Reversal of effect of gain or loss in case of timber, coal, domestic iron ore
317.363
Expenses of marijuana-related trade or business
317.374
Depletion
317.379
Exemption of income from exercise of Indian fishing rights
317.386
Energy conservation payments exempt
317.388
Claim of right income repayment adjustment when credit is claimed
317.391
Small city business development exemption
317.394
Qualifying film production labor rebates
317.398
Qualified production activities income
317.401
Addition for federal prescription drug plan subsidies excluded for federal tax purposes
317.476
Net losses of prior years
317.478
Pre-change and built-in losses
317.479
Limitation on use of preacquisition losses to offset built-in gain
317.485
Loss carryforward after reorganization
317.488
Qualified donations and sales to educational institutions
317.491
Contribution to charitable organization subject to disqualification order
317.504
Date return considered filed or advance payment considered made
317.510
Requiring additional reports and information
317.625
Income from sources without the United States
317.635
Domestic international sales corporation
317.650
Insurers
317.655
Taxable income of insurer
317.660
Allocation of net income where insurer has both in-state and out-of-state business
317.665
Oregon net losses of insurer in prior years
317.667
Tax treatment of captive insurers
317.705
Definitions
317.710
Corporation tax return requirements
317.713
Group losses as offset to income of subsidiary paying preferred dividends
317.715
Tax return of corporation in affiliated group making consolidated federal return
317.720
Computation of taxable income
317.725
Adjustments to prevent double taxation or deduction
317.850
Disposition of revenue
317.853
Disposition of revenue from tax imposed at increased rate
317.920
Tax imposed on unrelated business income of certain exempt corporations
317.930
Exceptions and limitations
317.950
Assessment of deficiency
317.991
Civil penalty
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