Taxes Imposed Upon or Measured by Net Income
- conformance with federal income tax law
(1)As used in this chapter, unless the context requires otherwise, “department” means the Department of Revenue.
(2)As used in this chapter:
(a)Any term has the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required or the term is specifically defined in this chapter.
(b)Except where the Legislative Assembly has provided otherwise, a reference to the laws of the United States or to the Internal Revenue Code refers to the laws of the United States or to the Internal Revenue Code as they are amended and in effect:
(A)On December 31, 2018; or
(B)If related to the definition of taxable income, as applicable to the tax year of the taxpayer.
(c)With respect to ORS 314.105 (Definitions for ORS 314.105 to 314.135), 314.256 (Lobbying expenditures) (relating to proxy tax on lobbying expenditures), 314.260 (Taxation of real estate mortgage investment conduits) (1)(b), 314.302 (Interest on deferred tax liabilities with respect to installment obligations), 314.306 (Income from discharge of indebtedness), 314.330 (Lien if grantor or other person determined to be owner of trust), 314.360 (Information returns), 314.362 (Filing return on magnetic media or other machine-readable form), 314.385 (Form of returns), 314.402 (Understatement of net tax), 314.410 (Time limit for notice of deficiency), 314.412 (Issuing of notice of deficiency attributable to involuntary conversion), 314.525 (Underpayment of estimated tax), 314.767 (Tax on excess net passive income) (7), 314.771 (Recapture of LIFO benefits) and 314.772 (Business tax credits) and other provisions of this chapter, except those described in paragraph (b) of this subsection, any reference to the laws of the United States or to the Internal Revenue Code means the laws of the United States relating to income taxes or the Internal Revenue Code as they are amended on or before December 31, 2018, even when the amendments take effect or become operative after that date, except where the Legislative Assembly has specifically provided otherwise.
(3)Insofar as is practicable in the administration of this chapter, the department shall apply and follow the administrative and judicial interpretations of the federal income tax law. When a provision of the federal income tax law is the subject of conflicting opinions by two or more federal courts, the department shall follow the rule observed by the United States Commissioner of Internal Revenue until the conflict is resolved. Nothing contained in this section limits the right or duty of the department to audit the return of any taxpayer or to determine any fact relating to the tax liability of any taxpayer.
(4)When portions of the Internal Revenue Code incorporated by reference as provided in subsection (2) of this section refer to rules or regulations prescribed by the Secretary of the Treasury, then such rules or regulations shall be regarded as rules adopted by the department under and in accordance with the provisions of this chapter, whenever they are prescribed or amended.
(5)(a) When portions of the Internal Revenue Code incorporated by reference as provided in subsection (2) of this section are later corrected by an Act or a Title within an Act of the United States Congress designated as an Act or Title making technical corrections, then notwithstanding the date that the Act or Title becomes law, those portions of the Internal Revenue Code, as so corrected, shall be the portions of the Internal Revenue Code incorporated by reference as provided in subsection (2) of this section and shall take effect, unless otherwise indicated by the Act or Title (in which case the provisions shall take effect as indicated in the Act or Title), as if originally included in the provisions of the Act being technically corrected. If, on account of this subsection, any adjustment is required to an Oregon return that would otherwise be prevented by operation of law or rule, the adjustment shall be made, notwithstanding any law or rule to the contrary, in the manner provided under ORS 314.135 (Computation).
(b)As used in this subsection, “Act or Title” includes any subtitle, division or other part of an Act or Title. [1957 c.632 §40; 1965 c.152 §24; 1971 c.215 §8; 1977 c.870 §39; 1987 c.293 §50; 1989 c.625 §25; 1991 c.457 §16; 1993 c.726 §10; 1995 c.556 §20; 1997 c.325 §32; 1997 c.839 §48; 1999 c.90 §1; 1999 c.224 §9; 2001 c.660 §32; 2003 c.77 §10; 2005 c.94 §74; 2005 c.519 §8; 2005 c.832 §23; 2007 c.614 §10; 2008 c.45 §11; 2009 c.5 §21; 2009 c.909 §§21,22; 2010 c.82 §§21,22; 2011 c.7 §21; 2012 c.31 §20; 2013 c.377 §20; 2014 c.52 §22; 2015 c.442 §14; 2016 c.33 §17; 2017 c.527 §18; 2018 c.101 §17; 2019 c.319 §17; 2019 c.320 §3]
Law Review Citations
9 WLJ 249 (1973); 5 EL 516 (1975)