ORS 267.370
District taxing authority
(1)
To carry out any of the powers granted by ORS 267.010 (Definitions for ORS 267.010 to 267.394) to 267.394 (Investment of certain funds held by TriMet), a district may by ordinance impose a tax:(a)
Upon the entire taxable income of every resident of the district subject to tax under ORS chapter 316 and upon the taxable income of every nonresident that is derived from sources within the district which income is subject to tax under ORS chapter 316; and(b)
On or measured by the net income of a mercantile, manufacturing, business, financial, centrally assessed, investment, insurance or other corporation or entity taxable as a corporation doing business, located, or having a place of business or office within or having income derived from sources within the district which income is subject to tax under ORS chapter 317 or 318.(2)
The rate of the tax imposed by ordinance adopted under authority of subsection (1) of this section shall not exceed one percent. The tax may be imposed and collected as a surtax upon the state income or excise tax.(3)
Any ordinance adopted pursuant to subsection (1) of this section shall require a nonresident, corporation or other entity taxable as a corporation having income from activity both within and without the district taxable by the State of Oregon to allocate and apportion such net income to the district in the manner required for allocation and apportionment of income under ORS 314.280 (Allocation of income of financial institution or public utility from business within and without state) and 314.605 (Short title) to 314.675 (Apportionment of net loss).(4)
The district shall allow a credit against the tax imposed pursuant to this section, in an amount equal to the employer’s payroll tax paid to the district by the taxpayer.(5)
If a district adopts an ordinance under this section, the ordinance shall be consistent with any state law relating to the same subject, and with rules and regulations of the Department of Revenue prescribed under ORS 305.620 (Collection and distribution of local taxes on income and sales).(6)
An ordinance adopted under this section shall not declare an emergency. [1969 c.643 §33; 1971 c.600 §1; 1975 c.752 §2]
Source:
Section 267.370 — District taxing authority, https://www.oregonlegislature.gov/bills_laws/ors/ors267.html.
Attorney General Opinions
Mass transit district imposition of income tax on some but not all individuals and corporations, (1980) Vol 41, p 56
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