(2) A subtraction may not be allowed under this section if the amounts described in subsection (1) of this section:
(a) Are not included in the taxpayer’s federal gross income for the tax year; or
(b) Are taken into account as a deduction on the taxpayer’s federal income tax return for the tax year. [2021 c.525 §36]
Note: Section 37, chapter 525, Oregon Laws 2021, provides:
Sec. 37. Section 36 of this 2021 Act [316.847] applies to amounts received in tax years beginning on or after January 1, 2021, and before January 1, 2027. [2021 c.525 §37]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 316 - Personal Income Tax
Section 316.012 - Terms have same meaning as in federal laws; federal law references.
Section 316.022 - General definitions.
Section 316.027 - "Resident" defined.
Section 316.028 - Determination of net operating loss, carryback and carryforward.
Section 316.037 - Imposition and rate of tax.
Section 316.043 - Tax rates allowed for certain qualifying income; conditions; election.
Section 316.044 - Estimates by Legislative Revenue Officer; reports; adjustment of rates.
Section 316.045 - Tax rate imposed on certain long-term capital gain from farming; requirements.
Section 316.078 - Tax credit for dependent care expenses necessary for employment.
Section 316.079 - Credit for certain disabilities.
Section 316.082 - Credit for taxes paid another state; rules.
Section 316.085 - Personal exemption credit.
Section 316.087 - Credit for the elderly or permanently and totally disabled.
Section 316.090 - Credit for manufactured dwelling park closure.
Section 316.102 - Credit for political contributions.
Section 316.109 - Credit for tax by another jurisdiction on sale of residential property; rules.
Section 316.116 - Credit for alternative energy device; rules.
Section 316.118 - Pro rata share of S corporation income of nonresident shareholder.
Section 316.122 - Separate or joint determination of income for spouses in a marriage.
Section 316.124 - Determination of adjusted gross income of nonresident partner.
Section 316.127 - Income of nonresident from Oregon sources.
Section 316.130 - Determination of taxable income of full-year nonresident.
Section 316.131 - Credit allowed to nonresident for taxes paid to state of residence; exception.
Section 316.147 - Definitions for ORS 316.147 to 316.149.
Section 316.148 - Credit for expenses in lieu of nursing home care; limitation.
Section 316.157 - Credit for retirement income.
Section 316.158 - Effect upon ORS 316.157 of determination of invalidity; severability.
Section 316.162 - Definitions for ORS 316.162 to 316.221.
Section 316.164 - When surety bond or letter of credit required of employer; enforcement.
Section 316.168 - Employer required to file combined quarterly tax report.
Section 316.169 - Circumstances in which person other than employer required to withhold tax.
Section 316.182 - Withholding statement of exemption certificate; default withholding rate.
Section 316.189 - Withholding of state income taxes from certain periodic payments.
Section 316.191 - Withholding taxes at time and in manner other than required by federal law; rules.
Section 316.194 - Withholding from lottery prize payments; rules.
Section 316.197 - Payment to department by employer; interest on delinquent payments.
Section 316.198 - Payment by electronic funds transfer; phase-in; rules.
Section 316.207 - Liability for tax; warrant for collection; conference; appeal.
Section 316.213 - Definitions for ORS 316.213 to 316.219.
Section 316.214 - Withholding requirements for members of professional athletic teams.
Section 316.218 - Annual report of compensation paid to professional athletic team members.
Section 316.221 - Disposition of withheld amounts.
Section 316.277 - Associations taxable as corporations exempt from chapter.
Section 316.282 - Definitions related to trusts and estates; rules.
Section 316.287 - "Fiduciary adjustment" defined; shares proportioned; rules.
Section 316.292 - Credit for taxes paid another state.
Section 316.298 - Accumulation distribution credit.
Section 316.307 - Income of nonresident estate or trust.
Section 316.312 - Determination of Oregon share of income.
Section 316.362 - Persons required to make returns.
Section 316.363 - Returns; instructions.
Section 316.364 - Flesch Reading Ease Score form instructions.
Section 316.367 - Joint return by spouses in a marriage.
Section 316.369 - Circumstances where one spouse relieved of joint return liability; rules.
Section 316.382 - Returns by fiduciaries.
Section 316.417 - Date return considered made or advance payment made.
Section 316.472 - Tax treatment of common trust fund; information return required.
Section 316.569 - When declaration required of nonresident.
Section 316.573 - When individual not required to file declaration.
Section 316.577 - Date of filing declaration.
Section 316.588 - When interest on underpayment not imposed.
Section 316.589 - Application to short tax years and tax years beginning on other than January 1.
Section 316.680 - Modification of taxable income.
Section 316.683 - State exempt-interest dividends; rules.
Section 316.690 - Foreign income taxes.
Section 316.693 - Subtraction for medical expenses of elderly individuals.
Section 316.695 - Additional modifications of taxable income; rules.
Section 316.707 - Computation of depreciation of property under federal law; applicability.
Section 316.716 - Differences in basis on federal and state return; application of federal credit.
Section 316.739 - Deferral of deduction for certain amounts deductible under federal law.
Section 316.747 - Contribution to charitable organization subject to disqualification order.
Section 316.749 - Dividend from domestic international sales corporation.
Section 316.752 - Definitions for ORS 316.752 to 316.771.
Section 316.778 - Small city business development exemption; rules.
Section 316.792 - Military pay.
Section 316.796 - Definitions.
Section 316.797 - First-time home buyer savings account; restrictions.
Section 316.798 - Subtraction for contributions; exemption for earnings; limitations.
Section 316.800 - Limits phased out based on income applicable to subtraction or exemption.
Section 316.801 - Addition for certain amounts withdrawn; penalty; exceptions.
Section 316.806 - Definitions for ORS 316.806 to 316.818.
Section 316.821 - Federal election to deduct sales taxes; addition for state purposes.
Section 316.824 - Definitions for ORS 316.824 and 316.832.
Section 316.832 - Travel expenses for loggers.
Section 316.838 - Art object donation.
Section 316.844 - Special computation of gain or loss where farm use value used.
Section 316.846 - Scholarship awards used for housing expenses.
Section 316.847 - National service educational award.
Section 316.848 - Individual development accounts.
Section 316.852 - Qualified donations and sales to educational institutions.