Corporation Excise Tax

ORS 317.705
Definitions

As used in ORS 317.705 (Definitions) to 317.715 (Tax return of corporation in affiliated group making consolidated federal return):

(1)

“Affiliated group” means an affiliated group of corporations as defined in section 1504 of the Internal Revenue Code.

(2)

“Unitary group” means a corporation or group of corporations engaged in business activities that constitute a unitary business.
(3)(a) “Unitary business” means a business enterprise in which there exists directly or indirectly between the members or parts of the enterprise a sharing or exchange of value as demonstrated by:

(A)

Centralized management or a common executive force;

(B)

Centralized administrative services or functions resulting in economies of scale; or

(C)

Flow of goods, capital resources or services demonstrating functional integration.

(b)

“Unitary business” may include, but is not limited to, a business enterprise the activities of which:

(A)

Are in the same general line of business (such as manufacturing, wholesaling or retailing); or

(B)

Constitute steps in a vertically integrated process (such as the steps involved in the production of natural resources, which might include exploration, mining, refining and marketing).

(c)

Whether two or more corporations that are included in the same consolidated federal return are engaged in a unitary business may be determined by making reference to any corporation that is owned or controlled directly or indirectly by the same interests. [1984 c.1 §4; 1985 c.802 §30a; 1997 c.325 §45; 2007 c.323 §1; 2017 c.181 §1]

Notes of Decisions

Broadcasting and cable television businesses are not unified to degree required to be treated as single business, but cable subsidiary is part of unitary group headed by communication company. Cox Cablevision Corp. v. Dept. of Rev., 12 OTR 219 (1992)

Under 1984 version of this section, requirements of paragraph (3)(a) are read conjunctively and taxpayer must meet all three requirements to fall under definition of “single trade or business.” Dept. of Revenue v. Rent-A-Center, Inc., 22 OTR 28 (2015)

Source

Last accessed
May 26, 2023

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