2021 Oregon Revised Statutes
Chapter 314 - Taxes Imposed Upon or Measured by Net Income
Section 314.784 - Circumstances when pass-through entity withholding is not required; rules.


(a) The nonresident owner has a share of distributive income that is less than $1,000 for the tax year of the pass-through entity;
(b) Withholding is not required pursuant to a rule adopted under this section;
(c) The owner makes a timely election under ORS 314.778 to have taxes on the owner’s distributive share of income paid and reported on the composite return described in ORS 314.778, and the composite return is filed by the pass-through entity;
(d) The pass-through entity is a publicly traded partnership, as defined in section 7704(b) of the Internal Revenue Code, that is treated as a partnership for federal tax purposes and that agrees to file an annual information return on the form and in the time and manner prescribed by the Department of Revenue and containing the information required by the department, including but not limited to the name, address and taxpayer identification number of each person with an ownership interest in the entity that results in the person receiving Oregon source income of more than $500; or
(e) The nonresident owner files an affidavit with the department, in the form and manner prescribed by the department, under which the nonresident owner agrees to allow the department and the courts of this state to have personal jurisdiction over the nonresident owner for the purpose of determining and collecting any taxes imposed under ORS chapter 316, 317 or 318 that are attributable to the nonresident owner’s distributive share of taxable income from the pass-through entity. The department may reject the affidavit if the taxpayer fails to comply with Oregon law requiring the filing of a tax return or the payment of any tax.
(2) The department may adopt rules setting forth circumstances under which pass-through entities are not required to withhold taxes under ORS 314.781. [2005 c.387 §4]

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.