OAR 150-317-0630
Oregon Return: Apportionment Formula
(1)
Each member of an affiliated group of corporations must be treated as a separate corporation for purposes of determining whether it is subject to the tax jurisdiction of Oregon. A corporation is subject to the tax jurisdiction of Oregon if it is “doing business” in Oregon as defined under ORS 317.010 (Definitions)(4) or has income from Oregon sources taxable under 318.020 (Imposition of tax).(2)
In applying the apportionment provisions of ORS 314.280 (Allocation of income of financial institution or public utility from business within and without state) or 314.605 (Short title) to 314.667 (Additional methods to determine extent of business activity in this state), each corporation subject to the tax jurisdiction of Oregon must be considered separately.(3)
The factors included in the apportionment formula of an Oregon return must be computed by eliminating transactions between members of the affiliated group filing the Oregon return. See OAR 150-314-0385 (Apportionment Formula) regarding transactions between members of an affiliated group filing an Oregon return and related pass-through entities such as partnerships and S corporations owned by other members of that affiliated group.(4)
For purposes of subsection (3) of this rule, “members of the affiliated group filing the Oregon return” includes any corporation that is a member of the unitary group and that is incorporated in a foreign jurisdiction listed in subsection (2)(b) of ORS 317.715 (Tax return of corporation in affiliated group making consolidated federal return).
Source:
Rule 150-317-0630 — Oregon Return: Apportionment Formula, https://secure.sos.state.or.us/oard/view.action?ruleNumber=150-317-0630
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