Corporation Excise Tax

ORS 317.090
Minimum tax

(1)

As used in this section:

(a)

“Oregon sales” means:

(A)

If the corporation apportions income under ORS 314.650 (Apportionment of income) to 314.665 (Determination of sales factor) for Oregon tax purposes, the total sales of the taxpayer in this state during the tax year, as determined for purposes of ORS 314.665 (Determination of sales factor);

(B)

If the corporation does not apportion income for Oregon tax purposes, the total sales in this state that the taxpayer would have had, as determined for purposes of ORS 314.665 (Determination of sales factor), if the taxpayer were required to apportion income for Oregon tax purposes; or

(C)

If the corporation apportions income using a method different from the method prescribed by ORS 314.650 (Apportionment of income) to 314.665 (Determination of sales factor), Oregon sales as defined by the Department of Revenue by rule.

(b)

If the corporation is an agricultural cooperative that is a cooperative organization described in section 1381 of the Internal Revenue Code, “Oregon sales” does not include sales representing business done with or for members of the agricultural cooperative.

(2)

Each corporation or affiliated group of corporations filing a return under ORS 317.710 (Corporation tax return requirements) shall pay annually to the state, for the privilege of carrying on or doing business by it within this state, a minimum tax as follows:

(a)

If Oregon sales properly reported on a return are:

(A)

Less than $500,000, the minimum tax is $150.

(B)

$500,000 or more, but less than $1 million, the minimum tax is $500.

(C)

$1 million or more, but less than $2 million, the minimum tax is $1,000.

(D)

$2 million or more, but less than $3 million, the minimum tax is $1,500.

(E)

$3 million or more, but less than $5 million, the minimum tax is $2,000.

(F)

$5 million or more, but less than $7 million, the minimum tax is $4,000.

(G)

$7 million or more, but less than $10 million, the minimum tax is $7,500.

(H)

$10 million or more, but less than $25 million, the minimum tax is $15,000.

(I)

$25 million or more, but less than $50 million, the minimum tax is $30,000.

(J)

$50 million or more, but less than $75 million, the minimum tax is $50,000.

(K)

$75 million or more, but less than $100 million, the minimum tax is $75,000.

(L)

$100 million or more, the minimum tax is $100,000.

(b)

If a corporation is an S corporation, the minimum tax is $150.

(3)

The minimum tax is not apportionable (except in the case of a change of accounting periods), is payable in full for any part of the year during which a corporation is subject to tax and may not be reduced, paid or otherwise satisfied through the use of any tax credit. [Amended by 1975 c.368 §6; 2009 c.403 §4; 2009 c.745 §1; 2011 c.669 §1; 2015 c.701 §§43,44; 2017 c.43 §§10,11; 2017 c.610 §17]

Notes of Decisions

Taxpayer may satisfy liability under section by claiming Business Energy Tax Credit under ORS 315.354 on tax return. Con-Way Inc. & Affiliates v. Dept. of Revenue, 353 Or 616, 302 P3d 804 (2013)

Chapter 317

Notes of Decisions

Congress is empowered by Commerce Clause, U.S. Const. Art. I, Section VIII, to place three year moratorium on "doing business" taxes imposed by states on federally insured savings and loan associations which do not have their principal place of business in taxing state. Pac. First Fed. Savings & Loan v. Dept. of Rev., 293 Or 138, 645 P2d 27 (1982)

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

Source

Last accessed
Jun. 26, 2021

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