OAR 150-317-0050
Foreign Corporations Subject to Tax
(1)
Generally, foreign corporations doing business in Oregon that are exempt from federal income taxes pursuant to treaties between the United States and a foreign country are not exempt from Oregon corporation excise and income taxes.(2)
For foreign corporations to be exempt from the Oregon corporation excise or income tax, the federal treaty must specifically contain a provision exempting them from state corporation taxes upon or measured by net income.(3)
Oregon taxable income is determined by calculating the corporation’s federal taxable income as if the corporation was subject to federal income taxes and making certain modifications as provided by Oregon law. As provided under ORS 317.625 (Income from sources without the United States), income from outside the United States is accounted for in the computation of Oregon taxable income without regard to IRC sections 861 to 864. Income classified as income from outside the United States and excluded from federal taxable income must be added to the federal taxable income calculation required by this rule as an “other addition.”(4)
Oregon has adopted the federal IRC provisions for computing taxable income, but did not adopt the federal provisions that define exempt corporations. Oregon law in ORS 317.080 (Exempt corporations) lists those corporations that are exempt from Oregon corporate taxes.
Source:
Rule 150-317-0050 — Foreign Corporations Subject to Tax, https://secure.sos.state.or.us/oard/view.action?ruleNumber=150-317-0050
.