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Section 317A.100 – Definitions.

As used in ORS 317A.100 to 317A.158: (1)(a) “Commercial activity” means: (A) The total amount realized by a person, arising from transactions and activity in the regular course of the person’s trade or business, without deduction for expenses incurred by the trade or business; (B) If received by a financial institution: (i) If the reporting […]

Section 317A.102 – Determination of commercial activity of taxpayer engaged in farming operation.

(1) As used in this section: (a)(A) “Agricultural commodity” includes all agricultural, horticultural, viticultural and vegetable products produced in this state, including bees and honey. (B) “Agricultural commodity” does not include timber or timber products. (b) “Broker” means any person, other than a dealer, commission merchant or cash buyer, that negotiates the purchase or sale […]

Section 317A.103 – Accounting methods.

(1) A taxpayer’s method of accounting for commercial activity, cost inputs and labor costs for a tax year shall be the same as the taxpayer’s method of accounting for federal income tax purposes for the taxpayer’s federal tax year that includes the tax year. If a taxpayer’s method of accounting for federal income tax purposes […]

Section 317A.106 – Unitary groups.

(1) A unitary group shall register, file and pay taxes under ORS 317A.100 to 317A.158 as a single taxpayer and may exclude receipts from transactions among its members. (2) The unitary group shall designate a single member as reporting entity to register, file and pay taxes on behalf of the unitary group. The unitary group […]

Section 317A.109 – Taxation of property transferred into state; rules.

(1) Except as provided in subsection (2) of this section: (a) A person shall include as taxable commercial activity the value of property the person transfers into this state for the person’s own use in the course of a trade or business within one year after the person receives the property outside this state; and […]

Section 317A.113 – Joint and several liability.

All members of a unitary group during the tax year or periods for which additional tax, penalty or interest is owed are jointly and severally liable for such amounts. Although the reporting person shall be assessed for the liability, amounts due may be collected by assessment against any member of the unitary group or pursued […]

Section 317A.116 – Corporate activity tax imposed on commercial activity.

(1) A corporate activity tax is imposed on each person with taxable commercial activity for the privilege of doing business in this state. The tax is imposed upon persons with substantial nexus with this state. The tax imposed under this section is not a transactional tax and is not subject to the Interstate Income Act […]

Section 317A.119 – Subtraction.

(1) A taxpayer shall subtract from commercial activity sourced to this state 35 percent of the greater of the following amounts paid or incurred by the taxpayer in the tax year: (a) The amount of cost inputs; or (b) The taxpayer’s labor costs. (2) The amount in subsection (1)(a) or (b) of this section may […]

Section 317A.122 – Exclusion for subcontracting payments.

An exclusion from taxable commercial activity shall be allowed for subcontracting payments for labor costs that are made by a general contractor, as defined in ORS 701.005, to a subcontractor, as defined in ORS 701.410, pursuant to a contract for residential real estate construction. The exclusion under this section: (1) Shall be allowed only for […]

Section 317A.125 – Rate of taxation; exemption amount.

(1) The corporate activity tax imposed under ORS 317A.116 for each tax year shall equal $250 plus the product of the taxpayer’s taxable commercial activity in excess of $1 million for the tax year multiplied by 0.57 percent. (2) A tax is not owed under this section if the person’s taxable commercial activity does not […]

Section 317A.128 – Sourcing of commercial activity; rules.

(1) For purposes of ORS 317A.100 to 317A.158, commercial activity shall be sourced to this state as follows: (a) In the case of the sale, rental, lease or license of real property, if and to the extent the property is located in this state. (b) In the case of the rental, lease or license of […]

Section 317A.131 – Registration; rules.

(1)(a) Any person or unitary group with commercial activity in excess of $750,000 in a tax year shall register with the Department of Revenue. (b) Except as provided in paragraph (c) of this subsection, a person or unitary group shall be required to register only once and shall register in the year in which the […]

Section 317A.134 – Records.

Every person doing business in this state shall keep records, receipts, invoices and other pertinent papers related to the corporate activity tax imposed under ORS 317A.116 in a form required by the Department of Revenue. [2019 c.122 §69]

Section 317A.137 – Returns; payment; rules.

(1) For purposes of the corporate activity tax imposed under ORS 317A.116, every person doing business in this state with commercial activity for the tax year in excess of $1 million shall file an annual return not later than the 15th day of the fourth month following the end of the tax year. The return […]

Section 317A.140 – Accounting; installment payment; rules.

(1) Subject to rules adopted by the Department of Revenue, the corporate activity tax imposed under ORS 317A.116 becomes payable in accordance with the system of accounting regularly employed by the taxpayer. (2) In the case of a lease, contract, sale or arrangement described in section 4216(c) of the Internal Revenue Code, rules similar to […]

Section 317A.143 – Rules; uniformity.

The Department of Revenue is authorized to and shall adopt rules requiring uniformity in application, reporting and collection and otherwise carrying out the purposes of ORS 317A.100 to 317A.158. [2019 c.122 §72]

Section 317A.146 – Quitting business; successor.

(1) For purposes of ORS 317A.100 to 317A.158, “successor” means any person to whom another person quitting, selling out, exchanging or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of business, a major part of the materials, supplies, merchandise, inventory, fixtures or equipment of […]

Section 317A.149 – Applicability of other provisions of tax law.

Except as otherwise provided in ORS 317A.100 to 317A.158 or where the context requires otherwise: (1) The provisions of ORS chapters 305 and 314 as to the audit and examination of returns, periods of limitation, determination of and notices of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, conferences, appeals to the Oregon […]

Section 317A.152 – Payments to Department of Revenue.

For purposes of ORS 317A.100 to 317A.158, and except as otherwise provided by law, all taxes, interest and penalties imposed and all amounts of corporate activity tax collected or required to be paid to the state shall be paid to the Department of Revenue and upon receipt by the department shall be turned over to […]

Section 317A.155 – Suspense account; payment of refunds; disposition of net revenue.

(1) Except as otherwise provided by law, all moneys received by the Department of Revenue under ORS 317A.100 to 317A.158 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445 separate and distinct from the General Fund. The department may pay expenses for the administration, collection and enforcement […]