ORS Chapter 315

Chapter 315 — Personaland Corporate Income or Excise Tax Credits

 

2009 EDITION

 

INCOMEOR EXCISE TAX CREDITS

 

REVENUEAND TAXATION

 

GENERALPROVISIONS

 

315.004     Definitions;adoption of parts of Internal Revenue Code and application of federal laws andregulations; technical corrections

 

315.050     Creditsapplicable for limited time

 

315.052     Limitationon transfer or sale of credit

 

315.053     Restrictionon types of transferees

 

315.054     Federaltax credits allowable only as specified

 

315.063     Waiverof substantiation by Department of Revenue; rules

 

315.068     Claimof right income repayment adjustments

 

AGRICULTURE;FISHERIES; FORESTRY

 

315.104     Reforestation;rules

 

315.106     Reforestationcredit preliminary certificate; application; limitation calculation; rules; fee

 

315.108     Annualreforestation credit cost limitation

 

315.111     Legislativedeclarations regarding riparian land conservation

 

315.113     Voluntaryremoval of riparian land from farm production; rules

 

315.117     Legislativefindings and declarations regarding on-farm processing

 

315.119     On-farmprocessing facilities

 

315.123     Minimumproduction and processing volume requirements; recordkeeping requirements

 

315.134     Fishhabitat improvement

 

315.138     Screeningdevices, by-pass devices or fishways; rules

 

315.141     Biomassproduction or collection; fee; rules; list of taxpayers allowed credit;documentation

 

315.144     Transferof biomass credit; rules

 

315.154     Definitionsfor crop donation credit

 

315.156     Cropdonation; forms

 

315.163     Definitionsfor ORS 315.163 to 315.172

 

315.164     Farmworkerhousing projects; rules

 

315.167     Farmworkerhousing credit application; procedure; limitation; rules

 

315.169     Farmworkerhousing contributor credit; transfer of farmworker housing owner or operatorcredit; continued eligibility; rules

 

315.172     Collectionof taxes upon disallowance of farmworker housing credit

 

CHILDRENAND FAMILIES; POVERTY RELIEF

 

315.204     Dependentcare assistance; rules

 

315.208     Dependentcare facilities

 

315.213     ChildCare Division contributions

 

315.237     Employeeand dependent scholarship program payments

 

315.259     FirstBreak Program; rules

 

315.262     Workingfamily child care; rules

 

315.266     Earnedincome; rules

 

315.271     Individualdevelopment accounts

 

315.272     Certainindividual development account withdrawals

 

315.274     Qualifiedadoption expenses

 

ENVIRONMENTAND ENERGY

 

315.304     Pollutioncontrol facilities

 

315.311     Emissionreducing production technology or process

 

315.324     Plasticsrecycling

 

315.354     Energyconservation facilities

 

315.356     Othergrants as offset to cost of energy conservation facility; changes in crediteligibility when taxpayer participates in other programs

 

(Temporaryprovisions relating to low emission truck engines are compiled as notesfollowing ORS 315.356)

 

(Temporaryprovisions relating to diesel engines are compiled as notes following ORS315.356)

 

315.357     Timelimit applicable to energy conservation tax credit

 

315.465     Biofuelsand fuel blends

 

315.469     Biodieselused in home heating

 

ECONOMICDEVELOPMENT

 

315.507     Electroniccommerce in designated enterprise zone

 

315.508     Recordkeepingrequirements for electronic commerce credit; disallowance of credit

 

315.511     Advancedtelecommunications facilities

 

315.514     Filmproduction development contributions; rules

 

315.517     Watertransit vessels

 

315.521     Universityventure development fund contributions

 

HEALTH

 

315.604     Bonemarrow donor expense

 

315.610     Longterm care insurance

 

315.613     Creditavailable to persons providing rural medical care and affiliated with certainrural hospitals

 

315.616     Additionalproviders who may qualify for credit

 

315.619     Creditfor medical staff at type C hospital

 

315.622     Ruralemergency medical technicians

 

315.624     Medicalcare to residents of Oregon Veterans’ Home

 

315.628     Healthcare services under TRICARE contract

 

315.631     Certificationof health care providers; reports

 

CULTURE

 

315.675     Trustfor Cultural Development Account contributions

 

      315.001 [Enacted as1953 c.308 §1; repealed by 1965 c.26 §6]

 

      315.002 [Enacted as1953 c.308 §2; repealed by 1965 c.26 §6]

 

      315.003 [Enacted as1953 c.308 §3; repealed by 1965 c.26 §6]

 

GENERALPROVISIONS

 

      315.004Definitions; adoption of parts of Internal Revenue Code and application offederal laws and regulations; technical corrections. (1) Except whenthe context requires otherwise, the definitions contained in ORS chapters 314,316, 317 and 318 are applicable in the construction, interpretation andapplication of the personal and corporate income and excise tax creditscontained in this chapter.

      (2)(a)For purposes of the tax credits contained in this chapter, any term has thesame meaning as when used in a comparable context in the laws of the UnitedStates relating to federal income taxes, unless a different meaning is clearlyrequired or the term is specifically defined for purposes of construing,interpreting and applying the credit.

      (b)With respect to the tax credits contained in this chapter, any reference to thelaws of the United States or to the Internal Revenue Code means the laws of theUnited States relating to income taxes or the Internal Revenue Code as they areamended on or before May 1, 2009, even when the amendments take effect orbecome operative after that date.

      (3)Insofar as is practicable in the administration of this chapter, the Departmentof Revenue shall apply and follow the administrative and judicialinterpretations of the federal income tax law. When a provision of the federalincome tax law is the subject of conflicting opinions by two or more federalcourts, the department shall follow the rule observed by the United StatesCommissioner of Internal Revenue until the conflict is resolved. Nothingcontained in this section limits the right or duty of the department to auditthe return of any taxpayer or to determine any fact relating to the tax liabilityof any taxpayer.

      (4)When portions of the Internal Revenue Code incorporated by reference asprovided in subsection (2) of this section refer to rules or regulationsprescribed by the Secretary of the Treasury, then such rules or regulations shallbe regarded as rules adopted by the department under and in accordance with theprovisions of this chapter, whenever they are prescribed or amended.

      (5)(a)When portions of the Internal Revenue Code incorporated by reference asprovided in subsection (2) of this section are later corrected by an Act or aTitle within an Act of the United States Congress designated as an Act or Titlemaking technical corrections, then notwithstanding the date that the Act orTitle becomes law, those portions of the Internal Revenue Code, as socorrected, shall be the portions of the Internal Revenue Code incorporated byreference as provided in subsection (2) of this section and shall take effect,unless otherwise indicated by the Act or Title (in which case the provisionsshall take effect as indicated in the Act or Title), as if originally includedin the provisions of the Act being technically corrected. If, on account ofthis subsection, any adjustment is required to an Oregon return that wouldotherwise be prevented by operation of law or rule, the adjustment shall bemade, notwithstanding any law or rule to the contrary, in the manner providedunder ORS 314.135.

      (b)As used in this subsection, “Act or Title” includes any subtitle, division orother part of an Act or Title. [1993 c.730 §2; 1995 c.556 §34; 1997 c.839 §64;1999 c.90 §7; 2001 c.660 §34; 2003 c.77 §11; 2005 c.832 §24; 2007 c.614 §11;2008 c.45 §12; 2009 c.5 §22; 2009 c.909 §23]

 

      315.005 [Repealed by1965 c.26 §6]

 

      315.010 [Amended by1953 c.325 §3; repealed by 1965 c.26 §6]

 

      315.015 [Repealed by1965 c.26 §6]

 

      315.020 [Repealed by1965 c.26 §6]

 

      315.025 [Repealed by1965 c.26 §6]

 

      315.030 [Repealed by1965 c.26 §6]

 

      315.035 [Repealed by1965 c.26 §6]

 

      315.040 [Repealed by1965 c.26 §6]

 

      315.045 [Repealed by1965 c.26 §6]

 

      315.050Credits applicable for limited time. Any tax credit enacted by theLegislative Assembly on or after January 1, 2010, shall apply for a maximum ofsix tax years beginning with the initial tax year for which the credit is applicable,unless the Legislative Assembly expressly provides for another period ofapplicability. [2009 c.913 §53]

 

      Note: 315.050 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 315 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      315.052Limitation on transfer or sale of credit. An income tax credit that isallowed under this chapter or ORS chapter 316, 317 or 318 and that istransferable may be transferred or sold only once, unless expressly providedotherwise by statute. [2009 c.288 §3]

 

      315.053Restriction on types of transferees. An income tax credit allowed under ORS315.141, 315.354 or 315.514 or section 47, chapter 843, Oregon Laws 2007, orsection 12, chapter 855, Oregon Laws 2007, may be transferred or sold only toone or more of the following:

      (1)A C corporation.

      (2)An S corporation.

      (3)A personal income taxpayer. [2009 c.288 §2]

 

      315.054Federal tax credits allowable only as specified. No creditsapplied directly to the income tax calculated for federal purposes pursuant tothe Internal Revenue Code shall be applied in calculating the tax due under ORSchapter 314, 316, 317 or 318 except those prescribed in this chapter or ORS chapter314, 316, 317 or 318. [1993 c.730 §4 (enacted in lieu of 316.107)]

 

      315.055 [Repealed by1965 c.26 §6]

 

      315.060 [Repealed by1965 c.26 §6]

 

      315.063Waiver of substantiation by Department of Revenue; rules.Contact Us | About Us | Terms | Privacy