Personal and Corporate Income or Excise Tax Credits
Medical care to residents of Oregon Veterans’ Home
(1)A resident or nonresident individual physician licensed under ORS chapter 677 who is engaged in the practice of medicine qualifies for an annual credit against the taxes that are otherwise due under ORS chapter 316 if the physician provides medical care to residents of an Oregon Veterans’ Home, as defined in ORS 408.362 (Definitions).
(2)The amount of the credit allowed under this section shall be equal to the lesser of:
(a)$1,000 for every eight residents to whom the physician provides care at an Oregon Veterans’ Home; or
(3)The credit allowed under this section may not exceed the tax liability of the taxpayer for the tax year, and a credit allowed under this section that is unused may not be carried forward to a succeeding tax year.
(4)A nonresident shall be allowed the credit described in this section in the proportion provided in ORS 316.117 (Proration between Oregon income and other income for nonresidents, part-year residents and trusts). If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117 (Proration between Oregon income and other income for nonresidents, part-year residents and trusts).
(5)In order to qualify for the tax credit allowed under this section, the physician claiming the credit must obtain a letter from the Oregon Veterans’ Home at which the physician provided care to residents, confirming that the physician missed no more than five percent of the physician’s scheduled visits with residents of the home during the tax year, and must retain the letter with the physician’s tax records.
(6)In the case of a shareholder of a corporation or a member of a partnership, only the care provided by the individual shareholder or partner shall be considered, and the full amount of the credit shall be allowed to each shareholder or partner who qualifies in an individual capacity.
(7)The Director of Veterans’ Affairs shall assist the Department of Revenue in determining if a taxpayer claiming a credit under this section qualifies for the credit and shall provide information if required by ORS 315.058 (Agency to provide tax credit approval information to Department of Revenue) to the Department of Revenue about all physicians to whom the Oregon Veterans’ Home has issued letters as provided under subsection (5) of this section.
(8)The director may order the suspension or revocation of a certificate issued under this section, as provided in ORS 315.061 (Suspension, revocation or forfeiture). [2007 c.843 §3; 2019 c.224 §8; 2019 c.483 §20]
Notes of Decisions
State could not recalculate tax for tax year closed to review in order to prevent elective carry forward of tax credit to tax year subject to review. Smurfit Newsprint Corp. v. Dept. of Revenue, 329 Or 591, 997 P2d 185 (2000)