ORS 317.715
Tax return of corporation in affiliated group making consolidated federal return

(1)

If a corporation required to make a return under this chapter is a member of an affiliated group of corporations making a consolidated federal return under sections 1501 to 1505 of the Internal Revenue Code, the corporation’s Oregon taxable income shall be determined beginning with federal consolidated taxable income of the affiliated group as provided in this section.

(2)

If the affiliated group, of which the corporation subject to taxation under this chapter is a member, consists of more than one unitary group or includes any alien, domestic or foreign insurer, as defined in ORS 731.082 (“Domestic,” “foreign,” “alien” insurer), that is excluded from the consolidated state return under ORS 317.710 (Corporation tax return requirements) (5) or (7), before the additions, subtractions, adjustments and modifications to federal taxable income provided for in this chapter are made, and before allocation and apportionment as provided in ORS 317.010 (Definitions) (10), if any, modified federal consolidated taxable income shall be computed. Modified federal consolidated taxable income shall be determined by eliminating from the federal consolidated taxable income of the affiliated group the separate taxable income, as determined under Treasury Regulations adopted under section 1502 of the Internal Revenue Code, and any deductions or additions or items of income, expense, gain or loss for which consolidated treatment is prescribed under Treasury Regulations adopted under section 1502 of the Internal Revenue Code, attributable to the member or members of any unitary group of which the corporation is not a member or to insurers excluded from the consolidated state return under ORS 317.710 (Corporation tax return requirements) (5) or (7).

(3)

Intentionally left blank —Ed.

(a)

After modified federal consolidated taxable income is determined under subsection (2) of this section, the additions, subtractions, adjustments and modifications prescribed by this chapter shall be made to the modified federal consolidated taxable income of the remaining members of the affiliated group, where applicable, as if all such members were subject to taxation under this chapter. After those modifications are made, Oregon taxable income or loss shall be determined as provided in ORS 317.010 (Definitions) (10)(a) to (c), if necessary.

(b)

In the computation of the Oregon apportionment percentage for a corporation that is a member of an affiliated group filing a consolidated federal return, there shall be taken into consideration only the property, payroll, sales or other factors of those members of the affiliated group whose items of income, expense, gain or loss remain in modified federal consolidated taxable income after the eliminations required under subsection (2) of this section. Those members of an affiliated group making a consolidated federal return or a consolidated state return may not be treated as one taxpayer for purposes of determining whether any member of the group is taxable in this state or any other state with respect to questions of jurisdiction to tax or the composition of the apportionment factors used to attribute income to this state under ORS 314.280 (Allocation of income of financial institution or public utility from business within and without state) or 314.605 (Short title) to 314.675 (Apportionment of net loss). [1984 c.1 §3; 1985 c.802 §30; 1987 c.293 §46; 2013 c.707 §2; 2015 c.755 §3; 2017 c.316 §3]

Source: Section 317.715 — Tax return of corporation in affiliated group making consolidated federal return, https://www.­oregonlegislature.­gov/bills_laws/ors/ors317.­html.

Notes of Decisions

Where unitary group that filed consolidated federal income tax return included member that is exempt from state corporate excise tax, group member that is subject to state corporate excise tax must include income of exempt member when reporting unitary income of group for purposes of state corporate excise tax. Dept. of Revenue v. Penn Independent Corp., 15 OTR 68 (1999)

317.005
Short title 317.010
Definitions 317.013
Adoption of parts of Internal Revenue Code and application of federal laws and regulations 317.018
Statement of purpose 317.019
Application of Payment-in-kind Tax Treatment Act of 1983 317.025
Omission of previously enacted savings clauses from Oregon Revised Statutes 317.030
Effect of chapter 317.035
Effect of subsequent repeal of chapter 317.038
Computation of Oregon taxable history 317.061
Tax rate 317.063
Tax rate imposed on certain long-term capital gain from farming 317.067
Tax on homeowners association income 317.070
Tax on centrally assessed, mercantile, manufacturing and business corporations and financial institutions 317.080
Exempt corporations 317.090
Minimum tax 317.092
Exemption of payments to tenant of manufactured dwelling park upon termination of rental agreement 317.097
Lending institution loans for housing 317.111
Weatherization loan interest 317.112
Energy conservation loans to residential fuel oil customers or wood heating residents 317.122
Insurers 317.124
Long term enterprise zone facilities 317.125
Other tax credits limited 317.127
Long Term Enterprise Zone Fund 317.129
Tax payments of long term enterprise zone facilities credit claimants 317.131
Distribution of funds to local governments 317.147
Agriculture workforce housing loans 317.151
Contributions of computers or scientific equipment for research to educational organizations 317.152
Qualified research activities credit 317.153
Qualified research activities 317.154
Alternative qualified research activities credit 317.190
Effect on reporting income 317.195
Effect on deductions allowed 317.259
Modifications generally 317.267
Dividends received by corporation from certain other corporations 317.273
Dividend income received by domestic corporation from certain foreign corporations 317.283
Nonrecognition of transactions with related domestic international sales corporation 317.286
Nonrecognition of transactions with related foreign sales corporation 317.301
Deferral of deduction for certain amounts deductible under federal law 317.303
Deduction or adjustment for certain federal credits 317.304
Addition for unused qualified business credits 317.307
Reduction for charitable contribution deduction under federal law 317.309
Interest and dividends received from obligations of state or political subdivision 317.310
Balance in bad debt reserve of financial institution which has changed from reserve method to specific charge-off method of accounting 317.311
Application of section 243 of Tax Reform Act of 1986 317.312
Federal depreciation expenses of certain health care service contractors 317.314
Taxes on net income or profits imposed by any state or foreign country 317.319
Capital Construction Fund 317.322
Addition of long term care insurance premiums if credit is claimed 317.327
Modification of taxable income when deferred gain is recognized as result of out-of-state disposition of property 317.329
Basis for stock acquisition 317.344
Net operating loss carryback and carryover 317.349
Transaction treated as lease purchase under federal law 317.351
ORS 317.349 not applicable to finance leases 317.356
Basis on disposition of asset 317.362
Reversal of effect of gain or loss in case of timber, coal, domestic iron ore 317.363
Expenses of marijuana-related trade or business 317.374
Depletion 317.379
Exemption of income from exercise of Indian fishing rights 317.386
Energy conservation payments exempt 317.388
Claim of right income repayment adjustment when credit is claimed 317.391
Small city business development exemption 317.394
Qualifying film production labor rebates 317.398
Qualified production activities income 317.401
Addition for federal prescription drug plan subsidies excluded for federal tax purposes 317.476
Net losses of prior years 317.478
Pre-change and built-in losses 317.479
Limitation on use of preacquisition losses to offset built-in gain 317.485
Loss carryforward after reorganization 317.488
Qualified donations and sales to educational institutions 317.491
Contribution to charitable organization subject to disqualification order 317.504
Date return considered filed or advance payment considered made 317.510
Requiring additional reports and information 317.625
Income from sources without the United States 317.635
Domestic international sales corporation 317.650
Insurers 317.655
Taxable income of insurer 317.660
Allocation of net income where insurer has both in-state and out-of-state business 317.665
Oregon net losses of insurer in prior years 317.667
Tax treatment of captive insurers 317.705
Definitions 317.710
Corporation tax return requirements 317.713
Group losses as offset to income of subsidiary paying preferred dividends 317.715
Tax return of corporation in affiliated group making consolidated federal return 317.720
Computation of taxable income 317.725
Adjustments to prevent double taxation or deduction 317.850
Disposition of revenue 317.853
Disposition of revenue from tax imposed at increased rate 317.920
Tax imposed on unrelated business income of certain exempt corporations 317.930
Exceptions and limitations 317.950
Assessment of deficiency 317.991
Civil penalty
Green check means up to date. Up to date

Current through early 2024

§ 317.715’s source at oregon​.gov