OAR 150-314-0070
Apportionment Factors Generally
(1)
Apportionable income is apportioned to this state by use of the formula provided in ORS 314.650 (Apportionment of income) as it applies to the tax year involved or the formula provided in ORS 314.280 (Allocation of income of financial institution or public utility from business within and without state)(3)(b) for qualifying utilities. For tax years beginning on or after July 1, 2005, ORS 314.650 (Apportionment of income) provides for apportionment using only the sales factor.(2)
For purposes of the sales factor as used in OAR 150-314-0074 (Modified Factors for Carriers of Freight or Passengers: General Rule) through -0084, “sales” means all gross receipts and revenues included in the taxpayer’s apportionable income.(3)
For financial organizations, the three factors are modified as provided in OAR 150-314-0088 (Modified Factors for Financial Institutions).(4)
Title insurance companies and health care service contractors are not classed as “domestic insurers” under ORS 317.010 (Definitions)(11) and so may not apportion their income under ORS 317.660 (Allocation of net income where insurer has both in-state and out-of-state business). These companies must apportion their income under the provisions of ORS 314.610 (Definitions for ORS 314.605 to 314.675) to 314.665 (Determination of sales factor), except that “sales” includes “gross premium receipts.”(5)
For public utilities (other than carriers of freight or passengers), companies engaged in sea transportation services, and companies engaged in interstate river transportation, the three factors are property, payroll, and sales.(6)
For companies engaged in sea transportation services and companies engaged in interstate river transportation, the three factors are modified property, payroll, and sales.
Source:
Rule 150-314-0070 — Apportionment Factors Generally, https://secure.sos.state.or.us/oard/view.action?ruleNumber=150-314-0070
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