(a) A person shall include as taxable commercial activity the value of property the person transfers into this state for the person’s own use in the course of a trade or business within one year after the person receives the property outside this state; and
(b) In the case of a unitary group, the taxpayer shall include as taxable commercial activity the value of property that any of the taxpayer’s members transferred into this state for the use in the course of a trade or business by any of the taxpayer’s members within one year after the taxpayer receives the property outside this state.
(2) Property brought into this state within one year after it is received outside this state by a person or unitary group described in subsection (1) of this section may not be included as taxable commercial activity as required under subsection (1) of this section if the person or unitary group can show or if the Department of Revenue ascertains that the property’s receipt outside this state by the person or unitary group followed by its transfer into this state within one year was not intended in whole or in part to avoid in whole or in part the tax imposed under ORS 317A.100 to 317A.158.
(3) The department may adopt rules necessary to administer this section. [2019 c.122 §61; 2019 c.579 §51]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 317A - Corporate Activity Tax
Section 317A.100 - Definitions.
Section 317A.102 - Determination of commercial activity of taxpayer engaged in farming operation.
Section 317A.103 - Accounting methods.
Section 317A.106 - Unitary groups.
Section 317A.109 - Taxation of property transferred into state; rules.
Section 317A.116 - Corporate activity tax imposed on commercial activity.
Section 317A.119 - Subtraction.
Section 317A.122 - Exclusion for subcontracting payments.
Section 317A.125 - Rate of taxation; exemption amount.
Section 317A.128 - Sourcing of commercial activity; rules.
Section 317A.131 - Registration; rules.
Section 317A.137 - Returns; payment; rules.
Section 317A.140 - Accounting; installment payment; rules.
Section 317A.146 - Quitting business; successor.
Section 317A.149 - Applicability of other provisions of tax law.
Section 317A.155 - Suspense account; payment of refunds; disposition of net revenue.