ORS 316.563
When declaration of estimated tax required; exception; effect of short tax year; content; amendment; rules


(1)

Except as provided in subsection (2) of this section, every individual shall declare an estimated tax for the taxable year if:

(a)

The gross income for the taxable year can be reasonably expected to include more than $1,000 from sources other than wages as defined in ORS 316.162 (Definitions for ORS 316.162 to 316.221) (2); or

(b)

The gross income for the taxable year can be reasonably expected to exceed:

(A)

$20,000 in the case of:

(i)

A single individual, including a head of household as defined in section 2(b) of the Internal Revenue Code, or a surviving spouse as defined in section 2(a) of the Internal Revenue Code; or

(ii)

A married individual entitled under ORS 316.567 (Joint declaration of spouses in a marriage) to file a joint declaration with a spouse, but only if the spouse has not received wages, as defined in ORS 316.162 (Definitions for ORS 316.162 to 316.221) (2) for the taxable year; or

(B)

$10,000 in the case of a married individual entitled under ORS 316.567 (Joint declaration of spouses in a marriage) to file a joint declaration with a spouse, but only if each spouse has received wages as defined in ORS 316.162 (Definitions for ORS 316.162 to 316.221) (2) for the taxable year; or

(C)

$5,000 in the case of a married individual not entitled under ORS 316.567 (Joint declaration of spouses in a marriage) to file a joint declaration with a spouse.

(2)

No declaration is required if the estimated tax as defined in ORS 316.557 (Definition of “estimated tax”) is less than the amount established by rule of the Department of Revenue. The department shall consider the provisions of section 6654 of the Internal Revenue Code in determining the amount.

(3)

An individual with a taxable year of less than 12 months shall make a declaration in accordance with rules adopted by the Department of Revenue.

(4)

An individual may amend the declaration filed during the taxable year under rules prescribed by the department.

(5)

The declaration shall contain information required by the department by rule. [1980 c.7 §§2,2a,5,8; 1981 c.678 §1a; 1987 c.293 §21; 1997 c.839 §22; 1999 c.90 §17; 2001 c.660 §45]
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