2021 Oregon Revised Statutes
Chapter 314 - Taxes Imposed Upon or Measured by Net Income
Section 314.053 - Application of Deficit Reduction Act of 2005 (P.L. 109-171), Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) and Pension Protection Act of 2006 (P.L. 109-280).


(2) The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dates, contained in the Deficit Reduction Act of 2005 (P.L. 109-171), the Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222), the Pension Protection Act of 2006 (P.L. 109-280) and other federal law amending the Internal Revenue Code apply for Oregon personal income and corporate excise and income tax purposes, to the extent they can be made applicable, in the same manner as they are applied under the Internal Revenue Code and related federal law.
(3)(a) If a deficiency is assessed against any taxpayer for a tax year beginning before January 1, 2007, and the deficiency or any portion thereof is attributable to any retroactive treatment under the amendments to statutes by sections 1 to 14, chapter 614, Oregon Laws 2007, then any interest or penalty assessed under ORS chapter 305, 314, 315, 316, 317 or 318 with respect to the deficiency or portion thereof shall be canceled.
(b) If a refund is due any taxpayer for a tax year beginning before January 1, 2007, and the refund or any portion thereof is due the taxpayer on account of any retroactive treatment under the amendments to statutes by sections 1 to 14, chapter 614, Oregon Laws 2007, then notwithstanding ORS 305.270 or 314.415 or other law, the refund or portion thereof shall be paid without interest.
(c) Any changes required because of the amendments to statutes by sections 1 to 14, chapter 614, Oregon Laws 2007, for a tax year beginning before January 1, 2007, shall be made by filing an amended return within the time prescribed by law.
(d) If a taxpayer fails to file an amended return under paragraph (c) of this subsection, the Department of Revenue shall make any changes under paragraph (c) of this subsection on the return to which the changes relate within the period specified for issuing a notice of deficiency or claiming a refund as otherwise provided by law with respect to that return, or within one year after a return for a tax year beginning on or after January 1, 2007, and before January 1, 2008, is filed, whichever period expires later. [2007 c.614 §15]
Note: 314.053 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 314 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Legislative Counsel has substituted "chapter 614, Oregon Laws 2007," for the words "this 2007 Act" in section 15, chapter 614, Oregon Laws 2007, compiled as 314.053. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2007 Comparative Section Table located in Volume 22 of ORS.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 08 - Revenue and Taxation

Chapter 314 - Taxes Imposed Upon or Measured by Net Income

Section 314.011 - Definitions; conformance with federal income tax law.

Section 314.029 - Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to personal income tax.

Section 314.031 - Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to corporate excise and income tax.

Section 314.033 - Application of federal Tax Reform Act of 1986 (P.L. 99-514).

Section 314.035 - Application of Omnibus Budget Reconciliation Act of 1987 (P.L. 100-203), Family Support Act of 1988 (P.L. 100-485) and Technical and Miscellaneous Revenue Act of 1988 (P.L. 100-647).

Section 314.037 - Application of P.L. 101-140, Omnibus Budget Reconciliation Act of 1989 (P.L. 101-239) and Omnibus Budget Reconciliation Act of 1991 (P.L. 101-508).

Section 314.039 - Application of P.L. 102-2, Comprehensive National Energy Policy Act of 1992 (P.L. 102-486), Unemployment Compensation Amendments of 1992 (P.L. 102-318), Tax Extension Act of 1991 (P.L. 102-227) and Emergency Unemployment Compensatio...

Section 314.041 - Application of Revenue Reconciliation Act of 1993 (P.L. 103-66), the Uruguay Round Agreements Act (P.L. 103-465) and P.L. 104-7.

Section 314.043 - Application of ICC Termination Act of 1995 (P.L. 104-88), P.L. 104-117, Omnibus Consolidated Rescissions and Appropriations Act of 1996 (P.L. 104-134), Small Business Job Protection Act of 1996 (P.L. 104-188), Health Insurance Porta...

Section 314.045 - Application of Taxpayer Relief Act of 1997 (P.L. 105-34), Taxpayer Browsing Protection Act (P.L. 105-35), Balanced Budget Act of 1997 (P.L. 105-33), Internal Revenue Service Restructuring and Reform Act of 1998 (P.L. 105-206), Trans...

Section 314.047 - Application of Tax Relief Extension Act of 1999 (P.L. 106-170) and FSC Repeal and Extraterritorial Income Exclusion Act of 2000 (P.L. 106-519).

Section 314.049 - Application of Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) and Job Creation and Worker Assistance Act of 2002 (P.L. 107-147).

Section 314.051 - Application of Veterans Benefit Act of 2002 (P.L. 107-330), Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108-27), Military Family Tax Relief Act of 2003 (P.L. 108-121), Working Families Tax Relief Act of 2004 (P.L. 10...

Section 314.053 - Application of Deficit Reduction Act of 2005 (P.L. 109-171), Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) and Pension Protection Act of 2006 (P.L. 109-280).

Section 314.055 - Application of Energy Independence and Security Act of 2007 (P.L. 110-140), Mortgage Forgiveness Debt Relief Act of 2007 (P.L. 110-142), Tax Increase Prevention Act of 2007 (P.L. 110-166) and Tax Technical Corrections Act of 2007 (P...

Section 314.057 - Application of Economic Stimulus Act of 2008 (P.L. 110-185), Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245), Food, Conservation, and Energy Act of 2008 (P.L. 110-246), Housing and Economic Recovery Act of 2008...

Section 314.059 - Application of American Recovery and Reinvestment Act of 2009 (P.L. 111-5).

Section 314.061 - Application of Consumer Assistance to Recycle and Save Act of 2009 (P.L. 111-32) and Worker, Homeownership, and Business Assistance Act of 2009 (P.L. 111-92).

Section 314.063 - Application of Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act (P.L. 111-226), Patient Protection and Affordable Care Act (P.L. 111-148), Preservation of Access to Care for Medicare Benefi...

Section 314.075 - Evading requirements of law prohibited.

Section 314.085 - Taxable year; rules.

Section 314.091 - Abeyance of tax during periods of active duty military service.

Section 314.105 - Definitions for ORS 314.105 to 314.135.

Section 314.115 - Adjustment to correct effect of certain errors; use limited.

Section 314.125 - When adjustment may be made.

Section 314.135 - Computation; method of adjustment; credit or setoff limited; recovery after payment limited.

Section 314.140 - Adjustment of returns of related taxpayers after reallocation of income or deduction on federal return.

Section 314.255 - Collection of taxes due after revocation of certification of pollution control facility; exceptions to tax relief allowed for pollution control facility.

Section 314.256 - Lobbying expenditures; proxy tax; rules.

Section 314.258 - Withholding in certain conveyances of real estate; rules.

Section 314.260 - Taxation of real estate mortgage investment conduits.

Section 314.276 - Method of accounting.

Section 314.280 - Allocation of income of financial institution or public utility from business within and without state; rules; alternative apportionment for electing utilities or telecommunications taxpayers.

Section 314.287 - Costs allocable to inventory.

Section 314.297 - Election for alternative determination of farm income; computation of income; rules.

Section 314.300 - Passive activity loss; determination; treatment; rules.

Section 314.302 - Interest on deferred tax liabilities with respect to installment obligations; rules.

Section 314.306 - Income from discharge of indebtedness; bankruptcy; insolvency.

Section 314.307 - Definitions; reportable transactions.

Section 314.308 - Reportable transactions; rules.

Section 314.310 - Liability of transferee of taxpayer for taxes imposed on taxpayer.

Section 314.330 - Lien if grantor or other person determined to be owner of trust.

Section 314.360 - Information returns; penalties.

Section 314.362 - Filing return on magnetic media or other machine-readable form; rules.

Section 314.364 - Authority of department to require filing of returns by electronic means; rules.

Section 314.380 - Furnishing copy of federal or other state return or report; action required when return filed or changed or tax assessed.

Section 314.385 - Form of returns; time for filing; alternative filing formats; rules.

Section 314.395 - Time for payment of tax; interest on delayed return.

Section 314.400 - Penalty for failure to file report or return or to pay tax when due; interest; limitation on penalty.

Section 314.402 - Understatement of net tax; penalty; cost-of-living adjustment; waiver of penalty.

Section 314.403 - Listed transaction understatement; penalty.

Section 314.404 - Penalty for failure to report reportable transaction.

Section 314.406 - Penalty for promotion of abusive tax shelter.

Section 314.407 - Assessment of taxes owing but not submitted with return; time of assessment; recording of warrant.

Section 314.410 - Time limit for notice of deficiency; circumstances when claim for refund may be reduced after time limit; time limit for refund or notice of deficiency for pass-through entity items.

Section 314.412 - Issuing of notice of deficiency attributable to involuntary conversion; time limit.

Section 314.415 - Refunds; interest; credits.

Section 314.419 - Foreclosure of lien.

Section 314.423 - Status of lien.

Section 314.425 - Examining books, records or persons.

Section 314.430 - Warrant for collection of taxes.

Section 314.440 - Tax as debt; termination of taxable period and immediate assessment of tax.

Section 314.505 - Estimate of tax liability by corporations; rules.

Section 314.515 - Installment schedule for payment of estimated tax.

Section 314.518 - Estimated tax payments by electronic funds transfer; phase-in; rules.

Section 314.520 - State agency authority over certain electronic funds transfer payments.

Section 314.525 - Underpayment of estimated tax; interest; nonapplicability of penalties.

Section 314.605 - Short title; construction.

Section 314.610 - Definitions for ORS 314.605 to 314.675.

Section 314.620 - When taxpayer is considered taxable in another state.

Section 314.630 - Allocation to this state of net rents and royalties.

Section 314.635 - Allocation to this state of capital gains and losses.

Section 314.642 - Allocation to this state of lottery prizes.

Section 314.645 - Allocation to this state of patent and copyright royalties.

Section 314.647 - Policy.

Section 314.655 - Determination of property factor.

Section 314.660 - Determination of payroll factor.

Section 314.665 - Determination of sales factor; use of market sourcing; inclusions and exclusions; definitions.

Section 314.666 - Market for sales in this state.

Section 314.667 - Additional methods to determine extent of business activity in this state; rules.

Section 314.668 - Definitions.

Section 314.669 - Legislative findings; purposes.

Section 314.671 - Qualifying investment contract; duration; remedies.

Section 314.673 - Rules; report to Legislative Assembly.

Section 314.674 - Apportionment of broadcasting sales.

Section 314.712 - Partnerships not subject to income tax; exceptions.

Section 314.714 - Character of partnership income; procedure if partner’s treatment of item inconsistent with partnership treatment; rules.

Section 314.716 - Basis of partner’s interest; gain or loss on sale; election to adjust basis.

Section 314.718 - Treatment of contributions to partnership.

Section 314.720 - Treatment of distributions from partnership.

Section 314.722 - Publicly traded partnerships taxed as corporations.

Section 314.724 - Information return; penalty; rules.

Section 314.731 - Definitions.

Section 314.733 - Requirement to report adjustments from partnership-level audit or administrative adjustment request.

Section 314.735 - Time limit for notice of deficiency.

Section 314.737 - Time limit for claim for refund or credit.

Section 314.739 - Obligation or right of partner to report changes in taxable income or tax liability.

Section 314.761 - "C corporation" and "S corporation" defined for this chapter and ORS chapters 316, 317 and 318.

Section 314.762 - Taxation of S corporation; application of Internal Revenue Code; carryforward and carryback.

Section 314.763 - Taxation of shareholder’s income; computation; character of income, gain, loss or deduction.

Section 314.765 - Employee fringe benefits; foreign income.

Section 314.766 - Tax on built-in gain.

Section 314.767 - Tax on excess net passive income.

Section 314.768 - S corporation or shareholder elections; rules.

Section 314.770 - Disclosure of S corporation items to shareholder.

Section 314.771 - Recapture of LIFO benefits.

Section 314.772 - Business tax credits; allowance to shareholders.

Section 314.775 - Definitions for ORS 314.775 to 314.784.

Section 314.778 - Composite returns of pass-through entities; election; effect of election on nonresident owners.

Section 314.781 - Withholding; required returns and statements; pass-through entity liability.

Section 314.784 - Circumstances when pass-through entity withholding is not required; rules.

Section 314.835 - Divulging particulars of returns and reports prohibited.

Section 314.840 - Disclosure of information; persons to whom information may be furnished.

Section 314.843 - Reporting of information to consumer reporting agency; rules.

Section 314.865 - Use of certain information for private benefit prohibited.

Section 314.870 - Time for performing certain acts postponed by reason of service in a combat zone.

Section 314.991 - Penalties.