ORS 316.362
Persons required to make returns


(1)

An income tax return with respect to the tax imposed by this chapter shall be made by the following:

(a)

Every resident individual:

(A)

Who is required to file a federal income tax return for the taxable year; or

(B)

Who has gross income greater than the sum of:

(i)

The basic standard deduction allowed under ORS 316.695 (Additional modifications of taxable income) (1)(c)(B);

(ii)

Any additional standard deduction allowed to the taxpayer under ORS 316.695 (Additional modifications of taxable income) (7); and
(iii) An amount equal to the income equivalent of one personal exemption credit under ORS 316.085 (Personal exemption credit) (3)(b) if unmarried, or equal to the income equivalent of two personal exemption credits under ORS 316.085 (Personal exemption credit) (3)(b) if married.

(b)

Every nonresident individual who has federal gross income from sources in this state of more than the basic standard deduction allowed under ORS 316.695 (Additional modifications of taxable income) (1)(c)(B).

(c)

Every resident estate or trust that is required to file a federal income tax return.

(d)

Every nonresident estate that has federal gross income of $600 or more for the taxable year from sources within this state.

(e)

Every nonresident trust that for the taxable year has from sources within this state any taxable income, or gross income of $600 or more regardless of the amount of taxable income.

(2)

Nothing contained in this section shall preclude the Department of Revenue from requiring any individual, estate or trust to file a return when, in the judgment of the department, a return should be filed.

(3)

For purposes of this section, the income equivalent of a personal exemption credit under ORS 316.085 (Personal exemption credit) (3)(b) shall be determined as follows:

(a)

Divide the personal exemption credit amount by the rate applicable to the lowest income bracket under ORS 316.037 (Imposition and rate of tax).

(b)

If the resulting quotient is less than the maximum amount of income subject to the rate used in paragraph (a) of this subsection, the quotient is the income equivalent.

(c)

If the resulting quotient is more than the maximum amount of income subject to the rate used in paragraph (a) of this subsection:

(A)

Multiply the maximum amount of income subject to the rate used in paragraph (a) of this subsection by the rate used in paragraph (a) of this subsection.

(B)

Determine the difference between the product calculated under subparagraph (A) of this paragraph and the personal exemption credit amount.

(C)

Divide the difference determined in subparagraph (B) of this paragraph by the rate applicable to the income bracket that is the next succeeding the lowest income bracket under ORS 316.037 (Imposition and rate of tax).

(D)

Add the quotient determined in subparagraph (C) of this paragraph to the maximum amount of income subject to the rate used in paragraph (a) of this subsection. The sum is the income equivalent. [1969 c.493 §54; 1983 c.740 §90; 2001 c.77 §6; 2001 c.660 §15]
Chapter 316

Notes of Decisions

Unless the divorce decree specifically designates that payments are for child support, payments will be treated as alimony. Henderson v. Dept. of Rev., 5 OTR 153 (1972)

The goal of this chapter is to incorporate all of the provisions of the federal Internal Revenue Code; taxable income should be adjusted whenever the result of the adjustment is to give effect to the policies or principles of the federal Internal Revenue Code, even though no express authority for the adjustment is present in the statutes. Christian v. Dept. of Rev., 269 Or 469, 526 P2d 538 (1974); Smith v. Dept. of Rev., 270 Or 456, 528 P2d 73 (1974)

By its enactment of this chapter, the legislature intended to adopt §172 of the federal Internal Revenue Code allowing for the carryback and carryforward of net operating losses. Christian v. Dept. of Rev., 269 Or 469, 526 P2d 538 (1974)

Where plaintiff failed to appeal timely as required by this section, appeal rights were not preserved so that cause could be considered on merits. Dela Rosa v. Dept. of Rev., 11 OTR 201 (1989), aff’d 313 Or 284, 832 P2d 1228 (1992)

Where taxpayers paid foreign income taxes on foreign income and claimed foreign taxes paid as federal tax credit and as state business expense deduction, taxpayers who claim federal foreign tax credit are entitled only to foreign tax deduction provided in ORS 316.690. Whipple v. Dept. of Rev., 309 Or 422, 788 P2d 994 (1990)

For purposes of claim preclusion, all issues regarding taxpayer’s income tax liability for tax year constitute same claim. U.S. Bancorp v. Dept. of Revenue, 15 OTR 13 (1999)

Atty. Gen. Opinions

Political contributions as credit against Oregon tax return, (1974) Vol 37, p 159

Law Review Citations

57 OLR 309 (1978); 16 WLR 373 (1979)


Source
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May. 15, 2020