Nonresident Partners: Guaranteed Payments
(1)Guaranteed payments paid to nonresident partners of a partnership that has business activity in the state of Oregon are treated as a distributive share of partnership income for Oregon tax purposes. In order to determine the income attributable to Oregon sources, each nonresident partner’s entire distributive share, including the guaranteed payments, is then subject to the allocation and apportionment provisions of ORS 314.605 (Short title) to 314.675 (Apportionment of net loss).
(2)The inclusion of guaranteed payments into a nonresident partner’s share of apportionable income is irrespective of that partner’s percentage interest in the profit or loss of the partnership.
(3)See ORS 314.610 (Definitions for ORS 314.605 to 314.675) and the Administrative Rules thereunder for a definition of Oregon business activity.
Rule 150-316-0155 — Nonresident Partners: Guaranteed Payments,