Chapter 7
Oregon Laws 2011
AN ACT
SB 301
Relating to
connection to federal tax law; creating new provisions; amending ORS 238A.005,
238A.125, 238A.150, 238A.170, 238A.230, 238A.370, 238A.400, 238A.410, 238A.415,
238A.430, 305.230, 305.494, 305.690, 307.130, 307.147, 308A.450, 310.140,
310.630, 310.800, 311.689, 314.011, 315.004, 316.012, 316.739, 317.010,
317.097, 317.301, 458.670 and 657.010; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 238A.005, as amended
by section 9, chapter 1, Oregon Laws 2010, and section 1, chapter 82, Oregon
Laws 2010, is amended to read:
238A.005. For the purposes of this
chapter:
(1) “Active member” means a member of
the pension program or the individual account program of the Oregon Public
Service Retirement Plan who is actively employed in a qualifying position.
(2) “Actuarial equivalent” means a
payment or series of payments having the same value as the payment or series of
payments replaced, computed on the basis of interest rate and mortality
assumptions adopted by the board.
(3) “Board” means the Public Employees
Retirement Board.
(4) “Eligible employee” means a person
who performs services for a participating public employer, including elected
officials other than judges. “Eligible employee” does not include:
(a) Persons engaged as independent
contractors;
(b) Aliens working under a training or
educational visa;
(c) Persons, other than workers in the
Industries for the Blind Program under ORS 346.190, provided sheltered
employment or make-work by a public employer;
(d) Persons categorized by a
participating public employer as student employees;
(e) Any person who is an inmate of a
state institution;
(f) Employees of foreign trade offices
of the Oregon Business Development Department who live and perform services in
foreign countries under the provisions of ORS 285A.075 (1)(g);
(g) An employee actively participating
in an alternative retirement program established under ORS 353.250 or an
optional retirement plan established under ORS 341.551;
(h) Employees of the Oregon University
System who are actively participating in an optional retirement plan offered
under ORS 243.800;
(i) Any employee who belongs to a
class of employees that was not eligible on August 28, 2003, for membership in
the system under the provisions of ORS chapter 238 or other law;
(j) Any person who belongs to a class
of employees who are not eligible to become members of the Oregon Public
Service Retirement Plan under the provisions of ORS 238A.070 (2);
(k) Any person who is retired under
ORS 238A.100 to 238A.245 or ORS chapter 238 and who continues to receive
retirement benefits while employed; and
(L) Judges.
(5) “Firefighter” means:
(a) A person employed by a local
government, as defined in ORS 174.116, whose primary job duties include the
fighting of fires;
(b) The State Fire Marshal, the chief
deputy state fire marshal and deputy state fire marshals; and
(c) An employee of the State Forestry
Department who is certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of uncontrolled
fires as described in ORS 477.064.
(6) “Fund” means the Public Employees
Retirement Fund.
(7)(a) “Hour of service” means:
(A) An hour for which an eligible
employee is directly or indirectly paid or entitled to payment by a
participating public employer for performance of duties in a qualifying
position; and
(B) An hour of vacation, holiday,
illness, incapacity, jury duty, military duty or authorized leave during which
an employee does not perform duties but for which the employee is directly or
indirectly paid or entitled to payment by a participating public employer for
services in a qualifying position, as long as the hour is within the number of
hours regularly scheduled for the performance of duties during the period of
vacation, holiday, illness, incapacity, jury duty, military duty or authorized
leave.
(b) “Hour of service” does not include
any hour for which payment is made or due under a plan maintained solely for
the purpose of complying with applicable workers’ compensation laws or
unemployment compensation laws.
(8) “Inactive member” means a member
of the pension program or the individual account program of the Oregon Public
Service Retirement Plan whose membership has not been terminated, who is not a
retired member and who is not employed in a qualifying position.
(9) “Individual account program” means
the defined contribution individual account program of the Oregon Public Service
Retirement Plan established under ORS 238A.025.
(10) “Member” means an eligible
employee who has established membership in the pension program or the
individual account program of the Oregon Public Service Retirement Plan and
whose membership has not been terminated under ORS 238A.110 or 238A.310.
(11) “Participating public employer”
means a public employer as defined in ORS 238.005 that provides retirement
benefits for employees of the public employer under the system.
(12) “Pension program” means the
defined benefit pension program of the Oregon Public Service Retirement Plan
established under ORS 238A.025.
(13) “Police officer” means a police
officer as described in ORS 238.005.
(14) “Qualifying position” means one
or more jobs with one or more participating public employers in which an
eligible employee performs 600 or more hours of service in a calendar year,
excluding any service in a job for which benefits are not provided under the
Oregon Public Service Retirement Plan pursuant to ORS 238A.070 (2).
(15) “Retired member” means a pension
program member who is receiving a pension as provided in ORS 238A.180 to
238A.195.
(16)(a) “Salary” means the
remuneration paid to an active member in return for services to the
participating public employer, including remuneration in the form of living
quarters, board or other items of value, to the extent the remuneration is
includable in the employee’s taxable income under Oregon law. Salary includes
the additional amounts specified in paragraph (b) of this subsection, but does
not include the amounts specified in paragraph (c) of this subsection,
regardless of whether those amounts are includable in taxable income.
(b) “Salary” includes the following
amounts:
(A) Payments of employee and employer
money into a deferred compensation plan that are made at the election of the
employee.
(B) Contributions to a tax-sheltered
or deferred annuity that are made at the election of the employee.
(C) Any amount that is contributed to
a cafeteria plan or qualified transportation fringe benefit plan by the
employer at the election of the employee and that is not includable in the
taxable income of the employee by reason of 26 U.S.C. 125 or 132(f)(4), as in
effect on December 31, [2009] 2010.
(D) Any amount that is contributed to
a cash or deferred arrangement by the employer at the election of the employee
and that is not included in the taxable income of the employee by reason of 26
U.S.C. 402(e)(3), as in effect on December 31, [2009] 2010.
(E) Retroactive payments described in
section 7, chapter 1, Oregon Laws 2010.
(F) The amount of an employee
contribution to the individual account program that is paid by the employer and
deducted from the compensation of the employee, as provided under ORS 238A.335
(1) and (2)(a).
(G) The amount of an employee
contribution to the individual account program that is not paid by the employer
under ORS 238A.335.
(H) Wages of a deceased member paid to
a surviving spouse or dependent children under ORS 652.190.
(c) “Salary” does not include the
following amounts:
(A) Travel or any other expenses
incidental to employer’s business which is reimbursed by the employer.
(B) Payments made on account of an
employee’s death.
(C) Any lump sum payment for
accumulated unused sick leave, vacation leave or other paid leave.
(D) Any severance payment, accelerated
payment of an employment contract for a future period or advance against future
wages.
(E) Any retirement incentive,
retirement bonus or retirement gratuitous payment.
(F) Payment for a leave of absence
after the date the employer and employee have agreed that no future services in
a qualifying position will be performed.
(G) Payments for instructional
services rendered to institutions of the Oregon University System or the Oregon
Health and Science University when those services are in excess of full-time
employment subject to this chapter. A person employed under a contract for less
than 12 months is subject to this subparagraph only for the months covered by
the contract.
(H) The amount of an employee
contribution to the individual account program that is paid by the employer and
is not deducted from the compensation of the employee, as provided under ORS
238A.335 (1) and (2)(b).
(I) Any amount in excess of $200,000
for a calendar year. If any period over which salary is determined is less than
12 months, the $200,000 limitation for that period shall be multiplied by a
fraction, the numerator of which is the number of months in the determination
period and the denominator of which is 12. The board shall adopt rules
adjusting this dollar limit to incorporate cost-of-living adjustments
authorized by the Internal Revenue Service.
(17) “System” means the Public
Employees Retirement System.
SECTION 2. ORS 238A.125, as amended
by section 2, chapter 82, Oregon Laws 2010, is amended to read:
238A.125. (1) Upon retiring at normal
retirement age, a vested pension program member shall be paid an annual pension
for the life of the member as follows:
(a) For service as a police officer or
firefighter, 1.8 percent of final average salary multiplied by the number of
years of retirement credit attributable to service as a police officer or
firefighter.
(b) For service as other than a police
officer or firefighter, 1.5 percent of final average salary multiplied by the
number of years of retirement credit attributable to service as other than a
police officer or firefighter.
(2) Notwithstanding any provision of
ORS 238A.100 to 238A.245, the annual benefit payable to a member under the
pension program and under any other tax-qualified defined benefit plan
maintained by the participating public employer may not exceed the applicable
limitations set forth in 26 U.S.C. 415(b), as in effect on December 31, [2009] 2010. The Public Employees
Retirement Board shall adopt rules for the administration of this limitation,
including adjustments in the annual dollar limitation to reflect cost-of-living
adjustments authorized by the Internal Revenue Service.
(3) The board shall make no actuarial
adjustment in a member’s pension calculated under this section by reason of the
member’s retirement after normal retirement age.
SECTION 3. ORS 238A.150, as amended
by section 3, chapter 82, Oregon Laws 2010, is amended to read:
238A.150. (1) Notwithstanding any other
provision of ORS 238A.100 to 238A.245, an eligible employee who leaves a
qualifying position for the purpose of performing service in the uniformed
services, and who subsequently returns to employment with a participating
public employer with reemployment rights under federal law, is entitled to
accrue retirement credit, credit toward the probationary period required by ORS
238A.100 and credit toward the vesting requirements of ORS 238A.115 under rules
adopted by the Public Employees Retirement Board pursuant to subsection (2) of
this section.
(2) The board shall adopt rules
establishing benefits and service credit for any period of service in the
uniformed services by an employee described in subsection (1) of this section.
For the purpose of adopting rules under this subsection, the board shall
consider and take into account all federal law relating to benefits and service
credit for any period of service in the uniformed services, including 26 U.S.C.
414(u), as in effect on December 31, [2009]
2010. Benefits and service credit under rules adopted by the board pursuant
to this subsection may not exceed benefits and service credit required under
federal law for periods of service in the uniformed services.
SECTION 4. ORS 238A.170, as amended
by section 4, chapter 82, Oregon Laws 2010, is amended to read:
238A.170. (1) An active member of the
pension program who is 70-1/2 years of age or older must retire not later than
April 1 of the calendar year following the calendar year in which the member
terminates employment with all participating public employers. An inactive
member of the pension program must retire not later than April 1 of the
calendar year following the calendar year in which the member attains 70-1/2
years of age.
(2) Notwithstanding any other
provision of ORS 238A.100 to 238A.245, the entire interest of a member of the
pension program must be distributed over a time period commencing no later than
the required beginning date set forth in subsection (1) of this section, and
must be distributed in a manner that satisfies all other minimum distribution
requirements of 26 U.S.C. 401(a)(9) and regulations implementing that section,
as in effect on December 31, [2009]
2010. The Public Employees Retirement Board shall adopt rules implementing
those minimum distribution requirements.
SECTION 5. ORS 238A.230, as amended
by section 5, chapter 82, Oregon Laws 2010, is amended to read:
238A.230. (1) If a member of the
pension program who is vested dies before the member’s effective date of
retirement, the Public Employees Retirement Board shall pay the death benefit
provided for in this section to the spouse of the member or to any other person
who is constitutionally required to be treated in the same manner as a spouse
for the purpose of retirement benefits.
(2)(a) The death benefit to be paid
under this section shall be for the life of the spouse or other person who is
constitutionally required to be treated in the same manner as a spouse, and
shall be the actuarial equivalent of 50 percent of the pension that would
otherwise have been paid to the deceased member.
(b) For the purpose of paragraph (a)
of this subsection, the amount of the pension that would otherwise have been
paid to the deceased member shall be calculated:
(A) As of the date of death if the
member dies after the earliest retirement date for the member under ORS
238A.165; or
(B) As if the member became an
inactive member on the date of death and thereafter retired at the earliest
retirement date if the member dies before the earliest retirement date for the
member under ORS 238A.165.
(3) The death benefit provided under
this section is first effective on the first day of the month following the
date of death of the member. The surviving spouse or other person entitled to
the death benefit may elect to delay payment of the death benefit, but payment
must commence no later than December 31 of the calendar year in which the
member would have reached 70-1/2 years of age.
(4) Notwithstanding any other
provision of ORS 238A.100 to 238A.245, distributions of death benefits under
the pension program must comply with the minimum distribution requirements of
26 U.S.C. 401(a)(9) and the regulations implementing that section, as in effect
on December 31, [2009] 2010.
The board shall adopt rules implementing those minimum distribution
requirements.
SECTION 6. ORS 238A.370, as amended
by section 6, chapter 82, Oregon Laws 2010, is amended to read:
238A.370. Notwithstanding any other
provision of ORS 238A.300 to 238A.415, the annual addition to the employee and
employer accounts of a member of the individual account program for a calendar
year, together with the annual additions to the accounts of the member under
any other defined contribution plan maintained by the participating public
employer for a calendar year, may not exceed the lesser of $40,000, or 100
percent of the member’s compensation for that calendar year. For purposes of
this section, “annual addition” has the meaning given that term in 26 U.S.C.
415(c)(2), as in effect on December 31, [2009]
2010, and “compensation” has the meaning given the term “participant’s
compensation” in 26 U.S.C. 415(c)(3), as in effect on December 31, [2009] 2010. The Public Employees
Retirement Board shall adopt rules for the administration of this limitation,
including adjustments in the annual dollar limitation to reflect cost-of-living
adjustments authorized by the Internal Revenue Service.
SECTION 7. ORS 238A.400, as amended
by section 7, chapter 82, Oregon Laws 2010, is amended to read:
238A.400. (1) Upon retirement on or
after the earliest retirement date, as described in ORS 238A.165, a member of
the individual account program shall receive in a lump sum the amounts in the
member’s employee account, rollover account and employer account to the extent
the member is vested in those accounts under ORS 238A.320.
(2) In lieu of a lump sum payment
under subsection (1) of this section, a member of the individual account
program may elect to receive the amounts in the member’s employee account and
employer account, to the extent the member is vested in those accounts under
ORS 238A.320, in substantially equal installments paid over a period of 5, 10,
15 or 20 years, or over a period that is equal to the anticipated life span of
the member as actuarially determined by the Public Employees Retirement Board.
Installments may be made on a monthly, quarterly or annual basis. In no event
may the period selected by the member exceed the time allowed by the minimum
distribution requirements described in subsection (5) of this section. The
board shall by rule establish the manner in which installments will be adjusted
to reflect investment gains and losses on the unpaid balance during the payout
period elected by the member under this subsection. The board by rule may
establish minimum monthly amounts payable under this subsection. The board may
require that a lump sum payment, or an installment schedule different than the
schedules provided for in this subsection, be used to pay the vested amounts in
the member’s accounts if those amounts are not adequate to generate the minimum
monthly amounts specified by the rule.
(3) A member of the individual account
program electing to receive installments under subsection (2) of this section
must designate a beneficiary or beneficiaries. In the event the member dies
before all amounts in the employee and vested employer accounts are paid, all
remaining installment payments shall be made to the beneficiary or
beneficiaries designated by the member. A beneficiary may elect to receive a
lump sum distribution of the remaining amounts.
(4) A member who is entitled to
receive retirement benefits under ORS chapter 238 may receive vested amounts in
the member’s employee account, rollover account and employer account in the
manner provided by this section when the member retires for service under the
provisions of ORS chapter 238.
(5) Notwithstanding any other
provision of ORS 238A.300 to 238A.415, the entire interest of a member of the
individual account program must be distributed over a time period commencing no
later than the latest retirement date set forth in ORS 238A.170, and must be
distributed in a manner that satisfies all other minimum distribution
requirements of 26 U.S.C. 401(a)(9) and regulations implementing that section, as
in effect on December 31, [2009]
2010. The board shall adopt rules implementing those minimum distribution
requirements.
SECTION 8. ORS 238A.410, as amended
by section 8, chapter 82, Oregon Laws 2010, is amended to read:
238A.410. (1) If a member of the
individual account program dies before retirement, the amounts in the member’s
employee account, rollover account and employer account, to the extent the
member is vested in those accounts under ORS 238A.320, shall be paid in a lump
sum to the beneficiary or beneficiaries designated by the member for the
purposes of this section.
(2) If a member of the individual
account program is married at the time of death, or there exists at the time of
death any other person who is constitutionally required to be treated in the
same manner as a spouse for the purpose of retirement benefits, the spouse or
other person shall be the beneficiary for purposes of the death benefit payable
under this section unless the spouse or other person consents to the
designation of a different beneficiary or beneficiaries before the designation
has been made and the consent has not been revoked by the spouse or other
person as of the time of the member’s death. Consent and revocation of consent
must be in writing, acknowledged by a notary public, and submitted to the
Public Employees Retirement Board in accordance with rules adopted by the
board. If the member’s spouse is designated as the member’s beneficiary and the
marriage of the member and spouse is subsequently dissolved, the former spouse
shall be treated as predeceasing the member for purposes of this section,
unless the member expressly designates the former spouse as beneficiary after
the effective date of the dissolution or the former spouse is required to be
designated as a beneficiary under the provisions of ORS 238.465.
(3) For purposes of this section and
ORS 238A.400 (3), if a member fails to designate a beneficiary, or if the
person or persons designated do not survive the member, the death benefit
provided for in this section shall be paid to the following person or persons,
in the following order of priority:
(a) The member’s surviving spouse or
other person who is constitutionally required to be treated in the same manner
as a spouse;
(b) The member’s surviving children,
in equal shares; or
(c) The member’s estate.
(4) The entire amount of a deceased
member’s vested accounts must be distributed by December 31 of the fifth
calendar year after the year in which the member died. Notwithstanding any
other provision of this chapter, distributions of death benefits under the
individual account program must comply with the minimum distribution
requirements of 26 U.S.C. 401(a)(9) and the regulations implementing that
section, as in effect on December 31, [2009]
2010. The Public Employees Retirement Board shall adopt rules implementing
those minimum distribution requirements.
SECTION 9. ORS 238A.415, as amended
by section 9, chapter 82, Oregon Laws 2010, is amended to read:
238A.415. (1) Notwithstanding any
other provision of ORS 238A.300 to 238A.415, an eligible employee who leaves a
qualifying position for the purpose of performing service in the uniformed
services, and who subsequently returns to employment with a participating
public employer with reemployment rights under federal law, is entitled to
credit toward the probationary period required by ORS 238A.300, credit toward
the vesting requirements of ORS 238A.320 and contributions under rules adopted
by the Public Employees Retirement Board pursuant to subsection (2) of this
section.
(2) The board shall adopt rules
establishing contributions and service credit for any period of service in the
uniformed services by an employee described in subsection (1) of this section.
For the purpose of adopting rules under this subsection, the board shall
consider and take into account all federal law relating to benefits and service
credit for any period of service in the uniformed services, including 26 U.S.C.
414(u), as in effect on December 31, [2009]
2010. Contributions and service credit under rules adopted by the board
pursuant to this subsection may not exceed contributions and service credit
required under federal law for periods of service in the uniformed services.
SECTION 10. ORS 238A.430, as amended
by section 10, chapter 82, Oregon Laws 2010, is amended to read:
238A.430. (1) To the extent required
by law, and except as otherwise provided by rules adopted by the Public
Employees Retirement Board under subsection (4) of this section, any portion of
a distribution of benefits described in subsection (2) of this section shall,
at the election of and in lieu of distribution to the distributee, be paid
directly to an eligible retirement plan specified by the distributee.
(2) The provisions of subsection (1)
of this section apply to a distribution of any benefit under the pension
program or the individual account program except:
(a) A distribution that is one of a
series of substantially equal periodic payments made at least annually for the
life or life expectancy of the distributee, or for the joint lives or life
expectancies of the distributee and a designated beneficiary;
(b) A distribution that is one of a
series of substantially equal periodic payments made at least annually for a
specified period of 10 years or more; and
(c) A distribution to the extent that
the distribution is required under 26 U.S.C. 401(a)(9).
(3) The provisions of subsection (1)
of this section apply to any portion of a distribution of benefits under the
pension program or the individual account program even though the portion
consists of after-tax employee contributions that are not includable in gross
income. Any portion of a distribution that consists of after-tax employee
contributions that are not includable in gross income may be transferred only
to an individual retirement account or annuity described in 26 U.S.C. 408(a) or
(b), or to a qualified defined contribution or defined benefit plan described
in 26 U.S.C. 401(a) or 403(b) that agrees to account separately for amounts
transferred, including accounting separately for the portion of the
distribution that is includable in gross income and the portion of the
distribution that is not includable in gross income. The amount transferred
shall be treated as consisting first of the portion of the distribution that is
includable in gross income, determined without regard to 26 U.S.C. 402(c)(1).
(4) The board shall adopt rules
implementing the direct rollover requirements of 26 U.S.C. 401(a)(31) and the
regulations implementing that section, and may adopt administrative exceptions
to the direct rollover requirements to the extent permitted by 26 U.S.C.
401(a)(31) and the regulations implementing that section.
(5) All references in this section to
federal laws and regulations are to the laws and regulations in effect on
December 31, [2009] 2010.
(6) For purposes of this section:
(a) “Distributee” means a member, a
member’s surviving spouse or a member’s alternate payee under ORS 238.465.
(b) “Eligible retirement plan” means:
(A) An individual retirement account
described in 26 U.S.C. 408(a);
(B) An individual retirement annuity
described in 26 U.S.C. 408(b), other than an endowment contract;
(C) A qualified trust under 26 U.S.C.
401(a), that is a defined contribution or defined benefit plan and permits the
acceptance of rollover contributions;
(D) An annuity plan described in 26
U.S.C. 403(a);
(E) An eligible deferred compensation
plan described in 26 U.S.C. 457(b) that is maintained by an eligible
governmental employer described in 26 U.S.C. 457(e)(1)(A) and that agrees to
account separately for amounts transferred into such plan from the distributing
plan; or
(F) An annuity contract described in
26 U.S.C. 403(b).
SECTION 11. ORS 305.230, as amended
by section 11, chapter 82, Oregon Laws 2010, is amended to read:
305.230. (1) Notwithstanding ORS
9.320:
(a) Any person who is qualified to
practice law or public accountancy in this state, any person who has been
granted active enrollment to practice before the Internal Revenue Service and
who is qualified to prepare tax returns in this state or any person who is the
authorized employee of a taxpayer and is regularly employed by the taxpayer in
tax matters may represent the taxpayer before a tax court magistrate or the
Department of Revenue in any conference or proceeding with respect to the
administration of any tax.
(b) Any person who is licensed by the
State Board of Tax Practitioners or who is exempt from such licensing
requirement as provided for and limited by ORS 673.610 may represent a taxpayer
before a tax court magistrate or the department in any conference or proceeding
with respect to the administration of any tax on or measured by net income.
(c) Any shareholder of an S
corporation, as defined in section 1361 of the Internal Revenue Code, as
amended and in effect on December 31, [2009]
2010, may represent the corporation in any proceeding before a tax court
magistrate or the department in the same manner as if the shareholder were a
partner and the S corporation were a partnership. The S corporation must
designate in writing a tax matters shareholder authorized to represent the S
corporation.
(d) An individual who is licensed as a
real estate broker or principal real estate broker under ORS 696.022 or is a
state certified appraiser or state licensed appraiser under ORS 674.310 or is a
registered appraiser under ORS 308.010 may represent a taxpayer before a tax
court magistrate or the department in any conference or proceeding with respect
to the administration of any ad valorem property tax.
(e) A general partner who has been
designated by members of a partnership as their tax matters partner under ORS
305.242 may represent those partners in any conference or proceeding with
respect to the administration of any tax on or measured by net income.
(f) Any person authorized under rules
adopted by the department may represent a taxpayer before the department in any
conference or proceeding with respect to any tax. Rules adopted under this
paragraph, to the extent feasible, shall be consistent with federal law that
governs representation before the Internal Revenue Service, as federal law is
amended and in effect on December 31, [2009]
2010.
(g) Any person authorized under rules
adopted by the tax court may represent a taxpayer in a proceeding before a tax
court magistrate.
(2) A person may not be recognized as
representing a taxpayer pursuant to this section unless there is first filed
with the magistrate or department a written authorization, or unless it appears
to the satisfaction of the magistrate or department that the representative
does in fact have authority to represent the taxpayer. A person recognized as
an authorized representative under rules or procedures adopted by the tax court
shall be considered an authorized representative by the department.
(3) A taxpayer represented by someone
other than an attorney is bound by all things done by the authorized
representative, and may not thereafter claim any proceeding was legally
defective because the taxpayer was not represented by an attorney.
(4) Prior to the holding of a
conference or proceeding before the tax court magistrate or department, written
notice shall be given by the magistrate or department to the taxpayer of the
provisions of subsection (3) of this section.
SECTION 12. ORS 305.494, as amended
by section 12, chapter 82, Oregon Laws 2010, is amended to read:
305.494. Notwithstanding ORS 9.320,
any shareholder of an S corporation as defined in section 1361 of the Internal
Revenue Code, as amended and in effect on December 31, [2009] 2010, may represent the corporation in any proceeding
before the Oregon Tax Court in the same manner as if the shareholder were a
partner and the S corporation were a partnership.
SECTION 13. ORS 305.690, as amended
by section 13, chapter 82, Oregon Laws 2010, is amended to read:
305.690. As used in ORS 305.690 to
305.753, unless the context otherwise requires:
(1) “Biennial years” means the two
income tax years of individual taxpayers that begin in the two calendar years
immediately following the calendar year in which a list is certified under ORS
305.715.
(2) “Commission” means the Oregon
Charitable Checkoff Commission.
(3) “Department” means the Department
of Revenue.
(4) “Eligibility roster” means a list,
prepared under ORS 305.715 and maintained by the commission in chronological
order based on the date of form listing or date of eligibility determination,
whichever is later, of charitable and governmental entities seeking inclusion
on the Oregon individual income tax return forms.
(5) “Form listed” or “form listing”
means being listed on the Oregon individual income tax return form.
(6) “Instruction listing” means being
listed on the Department of Revenue instructions for tax return checkoff
contribution.
(7) “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31, [2009] 2010.
SECTION 14. ORS 307.130, as amended
by section 14, chapter 82, Oregon Laws 2010, is amended to read:
307.130. (1) As used in this section:
(a) “Art museum” means a nonprofit
corporation organized to display works of art to the public.
(b) “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31, [2009] 2010.
(c) “Nonprofit corporation” means a
corporation that:
(A) Is organized not for profit,
pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or
(B) Is organized and operated as
described under section 501(c) of the Internal Revenue Code.
(d) “Volunteer fire department” means
a nonprofit corporation organized to provide fire protection services in a
specific response area.
(2) Upon compliance with ORS 307.162,
the following property owned or being purchased by art museums, volunteer fire
departments, or incorporated literary, benevolent, charitable and scientific
institutions shall be exempt from taxation:
(a) Except as provided in ORS 748.414,
only such real or personal property, or proportion thereof, as is actually and
exclusively occupied or used in the literary, benevolent, charitable or
scientific work carried on by such institutions.
(b) Parking lots used for parking or
any other use as long as that parking or other use is permitted without charge
for no fewer than 355 days during the tax year.
(c) All real or personal property of a
rehabilitation facility or any retail outlet thereof, including inventory. As
used in this subsection, “rehabilitation facility” means either those
facilities defined in ORS 344.710 or facilities which provide individuals who
have physical, mental or emotional disabilities with occupational
rehabilitation activities of an educational or therapeutic nature, even if
remuneration is received by the individual.
(d) All real and personal property of
a retail store dealing exclusively in donated inventory, where the inventory is
distributed without cost as part of a welfare program or where the proceeds of
the sale of any inventory sold to the general public are used to support a
welfare program. As used in this subsection, “welfare program” means the providing
of food, shelter, clothing or health care, including dental service, to needy
persons without charge.
(e) All real and personal property of
a retail store if:
(A) The retail store deals primarily
and on a regular basis in donated and consigned inventory;
(B) The individuals who operate the
retail store are all individuals who work as volunteers; and
(C) The inventory is either
distributed without charge as part of a welfare program, or sold to the general
public and the sales proceeds used exclusively to support a welfare program. As
used in this paragraph, “primarily” means at least one-half of the inventory.
(f) The real and personal property of
an art museum that is used in conjunction with the public display of works of
art or used to educate the public about art, but not including any portion of
the art museum’s real or personal property that is used to sell, or hold out
for sale, works of art, reproductions of works of art or other items to be sold
to the public.
(g) All real and personal property of
a volunteer fire department that is used in conjunction with services and
activities for providing fire protection to all residents within a fire
response area.
(h) All real and personal property,
including inventory, of a retail store owned by a nonprofit corporation if:
(A) The retail store deals exclusively
in donated inventory; and
(B) Proceeds of the retail store sales
are used to support a not-for-profit housing program whose purpose is to:
(i) Acquire property and construct
housing for resale to individuals at or below the cost of acquisition and
construction; and
(ii) Provide loans bearing no interest
to individuals purchasing housing through the program.
(3) An art museum or institution shall
not be deprived of an exemption under this section solely because its primary
source of funding is from one or more governmental entities.
(4) An institution shall not be
deprived of an exemption under this section because its purpose or the use of
its property is not limited to relieving pain, alleviating disease or removing
constraints.
SECTION 15. ORS 307.147, as amended
by section 15, chapter 82, Oregon Laws 2010, is amended to read:
307.147. (1) For purposes of this
section:
(a) “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31, [2009] 2010.
(b) “Nonprofit corporation” means a
corporation that:
(A) Is organized not for profit,
pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or
(B) Is organized and operated as
described under section 501(c) of the Internal Revenue Code.
(c) “Senior services center” means
property that:
(A) Is owned or being purchased by a
nonprofit corporation;
(B) Is actually and exclusively used
to provide services and activities (including parking) primarily to or for
persons over 50 years of age;
(C) Is open generally to all persons
over 50 years of age;
(D) Is not used primarily for
fund-raising activities; and
(E) Is not a residential or dwelling
place.
(2) Upon compliance with ORS 307.162, a
senior services center is exempt from ad valorem property taxation.
SECTION 16. ORS 308A.450, as amended
by section 16, chapter 82, Oregon Laws 2010, is amended to read:
308A.450. As used in ORS 308A.450 to
308A.465:
(1) “Conservation easement” has the
meaning given that term in ORS 271.715.
(2) “Holder” has the meaning given
that term in ORS 271.715.
(3) “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31, [2009] 2010.
(4) “Lot” has the meaning given that
term in ORS 92.010.
(5) “Parcel” has the meaning given
that term in ORS 92.010, as further modified by ORS 215.010.
SECTION 17. ORS 310.140, as amended
by section 17, chapter 82, Oregon Laws 2010, is amended to read:
310.140. The Legislative Assembly
finds that section 11b, Article XI of the Oregon Constitution, was drafted by
citizens and placed before the voters of the State of Oregon by initiative
petition. Section 11b, Article XI of the Oregon Constitution, uses terms that
do not have established legal meanings and require definition by the
Legislative Assembly. Section 11b, Article XI of the Oregon Constitution, was
amended by section 11 (11), Article XI of the Oregon Constitution. This section
is intended to interpret the terms of section 11b, Article XI of the Oregon
Constitution, as originally adopted and as amended by section 11 (11), Article
XI of the Oregon Constitution, consistent with the intent of the people in
adopting these provisions, so that the provisions of section 11b, Article XI of
the Oregon Constitution, may be given effect uniformly throughout the State of
Oregon, with minimal confusion and misunderstanding by citizens and affected
units of government. As used in the revenue and tax laws of this state, and for
purposes of section 11b, Article XI of the Oregon Constitution:
(1) “Actual cost” means all direct or
indirect costs incurred by a government unit in order to deliver goods or
services or to undertake a capital construction project. The “actual cost” of
providing goods or services to a property or property owner includes the
average cost or an allocated portion of the total amount of the actual cost of
making a good or service available to the property or property owner, whether
stated as a minimum, fixed or variable amount. “Actual cost” includes, but is
not limited to, the costs of labor, materials, supplies, equipment rental,
property acquisition, permits, engineering, financing, reasonable program
delinquencies, return on investment, required fees, insurance, administration,
accounting, depreciation, amortization, operation, maintenance, repair or
replacement and debt service, including debt service payments or payments into
reserve accounts for debt service and payment of amounts necessary to meet debt
service coverage requirements.
(2) “Assessment for local improvement”
means any tax, fee, charge or assessment that does not exceed the actual cost
incurred by a unit of government for design, construction and financing of a
local improvement.
(3) “Bonded indebtedness” means any
formally executed written agreement representing a promise by a unit of
government to pay to another a specified sum of money, at a specified date or
dates at least one year in the future.
(4) “Capital construction”:
(a) For bonded indebtedness issued
prior to December 5, 1996, and for the proceeds of any bonded indebtedness
approved by electors prior to December 5, 1996, that were spent or
contractually obligated to be spent prior to June 20, 1997, means the
construction, modification, replacement, repair, remodeling or renovation of a
structure, or addition to a structure, that is expected to have a useful life
of more than one year, and includes, but is not limited to:
(A) Acquisition of land, or a legal
interest in land, in conjunction with the capital construction of a structure.
(B) Acquisition, installation of
machinery or equipment, furnishings or materials that will become an integral
part of a structure.
(C) Activities related to the capital
construction, including planning, design, authorizing, issuing, carrying or
repaying interim or permanent financing, research, land use and environmental
impact studies, acquisition of permits or licenses or other services connected
with the construction.
(D) Acquisition of existing structures,
or legal interests in structures, in conjunction with the capital construction.
(b) For bonded indebtedness issued on
or after December 5, 1996, except for the proceeds of any bonded indebtedness
approved by electors prior to December 5, 1996, that were spent or
contractually obligated to be spent before June 20, 1997, has the meaning given
that term in paragraph (a) of this subsection, except that “capital
construction”:
(A) Includes public safety and law
enforcement vehicles with a projected useful life of five years or more; and
(B) Does not include:
(i) Maintenance and repairs, the need
for which could be reasonably anticipated;
(ii) Supplies and equipment that are
not intrinsic to the structure; or
(iii) Furnishings, unless the
furnishings are acquired in connection with the acquisition, construction,
remodeling or renovation of a structure, or the repair of a structure that is
required because of damage or destruction of the structure.
(5) “Capital improvements”:
(a) For bonded indebtedness issued
prior to December 5, 1996, and for the proceeds of any bonded indebtedness
approved by electors before December 5, 1996, that were spent or contractually
obligated to be spent before June 20, 1997, means land, structures, facilities,
personal property that is functionally related and subordinate to real
property, machinery, equipment or furnishings having a useful life longer than
one year.
(b) For bonded indebtedness issued on
or after December 5, 1996, except for the proceeds of any bonded indebtedness
approved by electors prior to December 5, 1996, that were spent or
contractually obligated to be spent before June 20, 1997, has the meaning given
that term in paragraph (a) of this subsection, except that “capital
improvements”:
(A) Includes public safety and law
enforcement vehicles with a projected useful life of five years or more; and
(B) Does not include:
(i) Maintenance and repairs, the need
for which could be reasonably anticipated;
(ii) Supplies and equipment that are
not intrinsic to the structure; or
(iii) Furnishings, unless the
furnishings are acquired in connection with the acquisition, construction,
remodeling or renovation of a structure, or the repair of a structure that is
required because of damage or destruction of the structure.
(6) “Direct consequence of ownership”
means that the obligation of the owner of property to pay a tax arises solely
because that person is the owner of the property, and the obligation to pay the
tax arises as an immediate and necessary result of that ownership without
respect to any other intervening transaction, condition or event.
(7)(a) “Exempt bonded indebtedness”
means:
(A) Bonded indebtedness authorized by
a specific provision of the Oregon Constitution;
(B) Bonded indebtedness incurred or to
be incurred for capital construction or capital improvements that was issued as
a general obligation of the issuing governmental unit on or before November 6,
1990;
(C) Bonded indebtedness incurred or to
be incurred for capital construction or capital improvements that was issued as
a general obligation of the issuing governmental unit after November 6, 1990,
with the approval of the electors of the issuing governmental unit; or
(D) Bonded indebtedness incurred or to
be incurred for capital construction or capital improvements, if the issuance
of the bonds is approved by voters on or after December 5, 1996, in an election
that is in compliance with the voter participation requirements of section 11
(8), Article XI of the Oregon Constitution.
(b) “Exempt bonded indebtedness”
includes bonded indebtedness issued to refund or refinance any bonded
indebtedness described in paragraph (a) of this subsection.
(8)(a) “Incurred charge” means a
charge imposed by a unit of government on property or upon a property owner
that does not exceed the actual cost of providing goods or services and that
can be controlled or avoided by the property owner because:
(A) The charge is based on the
quantity of the goods or services used, and the owner has direct control over
the quantity;
(B) The goods or services are provided
only on the specific request of the property owner; or
(C) The goods or services are provided
by the government unit only after the individual property owner has failed to
meet routine obligations of ownership of the affected property, and such action
is deemed necessary by an appropriate government unit to enforce regulations
pertaining to health or safety.
(b) For purposes of this subsection,
an owner of property may control or avoid an incurred charge if the owner is
capable of taking action to affect the amount of a charge that is or will be
imposed or to avoid imposition of a charge even if the owner must incur expense
in so doing.
(c) For purposes of paragraph (a)(A)
of this subsection, an owner of property has direct control over the quantity
of goods or services if the owner of property has the ability, whether or not
that ability is exercised, to determine the quantity of goods or services
provided or to be provided.
(9)(a) “Local improvement” means a
capital construction project, or part thereof, undertaken by a local
government, pursuant to ORS 223.387 to 223.399, or pursuant to a local
ordinance or resolution prescribing the procedure to be followed in making
local assessments for benefits from a local improvement upon the lots that have
been benefited by all or a part of the improvement:
(A) That provides a special benefit
only to specific properties or rectifies a problem caused by specific
properties;
(B) The costs of which are assessed
against those properties in a single assessment upon the completion of the
project; and
(C) For which the property owner may
elect to make payment of the assessment plus appropriate interest over a period
of at least 10 years.
(b) For purposes of paragraph (a) of
this subsection, the status of a capital construction project as a local
improvement is not affected by the accrual of a general benefit to property
other than the property receiving the special benefit.
(10) “Maintenance and repairs, the
need for which could be reasonably anticipated”:
(a) Means activities, the type of
which may be deducted as an expense under the provisions of the federal
Internal Revenue Code, as amended and in effect on December 31, [2009] 2010, that keep the
property in ordinarily efficient operating condition and that do not add
materially to the value of the property nor appreciably prolong the life of the
property;
(b) Does not include maintenance and
repair of property that is required by damage, destruction or defect in design,
or that was otherwise not reasonably expected at the time the property was
constructed or acquired, or the addition of material that is in the nature of
the replacement of property and that arrests the deterioration or appreciably
prolongs the useful life of the property; and
(c) Does not include street and
highway construction, overlay and reconstruction.
(11) “Projected useful life” means the
useful life, as reasonably estimated by the unit of government undertaking the
capital construction or capital improvement project, beginning with the date
the property was acquired, constructed or reconstructed and based on the
property’s condition at the time the property was acquired, constructed or
reconstructed.
(12) “Routine obligations of ownership”
means a standard of operation, maintenance, use or care of property established
by law, or if established by custom or common law, a standard that is
reasonable for the type of property affected.
(13) “Single assessment” means the
complete assessment process, including preassessment, assessment or
reassessment, for any local improvement authorized by ORS 223.387 to 223.399,
or a local ordinance or resolution that provides the procedure to be followed
in making local assessments for benefits from a local improvement upon lots
that have been benefited by all or part of the improvement.
(14) “Special benefit only to specific
properties” shall have the same meaning as “special and peculiar benefit” as
that term is used in ORS 223.389.
(15) “Specific request” means:
(a) An affirmative act by a property
owner to seek or obtain delivery of goods or services;
(b) An affirmative act by a property
owner, the legal consequence of which is to cause the delivery of goods or
services to the property owner; or
(c) Failure of an owner of property to
change a request for goods or services made by a prior owner of the property.
(16) “Structure” means any temporary
or permanent building or improvement to real property of any kind that is
constructed on or attached to real property, whether above, on or beneath the
surface.
(17) “Supplies and equipment intrinsic
to a structure” means the supplies and equipment that are necessary to permit a
structure to perform the functions for which the structure was constructed, or
that will, upon installation, constitute fixtures considered to be part of the
real property that is comprised, in whole or part, of the structure and land
supporting the structure.
(18) “Tax on property” means any tax,
fee, charge or assessment imposed by any government unit upon property or upon
a property owner as a direct consequence of ownership of that property, but
does not include incurred charges or assessments for local improvements. As
used in this subsection, “property” means real or tangible personal property,
and intangible property that is part of a unit of real or tangible personal
property to the extent that such intangible property is subject to a tax on
property.
SECTION 18. ORS 310.630, as amended
by section 18, chapter 82, Oregon Laws 2010, is amended to read:
310.630. As used in ORS 310.630 to
310.706:
(1) “Contract rent” means rental paid
to the landlord for the right to occupy a homestead, including the right to use
the personal property located therein. “Contract rent” does not include rental
paid for the right to occupy a homestead that is exempt from taxation, unless
payments in lieu of taxes of 10 percent or more of the rental exclusive of fuel
and utilities are made on behalf of the homestead. “Contract rent” does not
include advanced rental payments for another period and rental deposits,
whether or not expressly set out in the rental agreement, or payments made to a
nonprofit home for the elderly described in ORS 307.375. If a landlord and
tenant have not dealt with each other at arm’s length, and the Department of
Revenue is satisfied that the contract rent charged was excessive, it may
adjust the contract rent to a reasonable amount for purposes of ORS 310.630 to
310.706.
(2) “Department” means the Department
of Revenue.
(3) “Fuel and utility payments”
includes payments for heat, lights, water, sewer and garbage made solely to
secure those commodities or services for the homestead of the taxpayer. “Fuel
and utility payments” does not include telephone service.
(4) “Gross rent” means contract rent
paid plus the fuel and utility payments made for the homestead in addition to
the contract rent, during the calendar year for which the claim is filed.
(5) “Homestead” means the taxable
principal dwelling located in Oregon, either real or personal property, rented
by the taxpayer, and the taxable land area of the tax lot upon which it is
built.
(6) “Household” means the taxpayer,
the spouse of the taxpayer and all other persons residing in the homestead
during any part of the calendar year for which a claim is filed.
(7) “Household income” means the
aggregate income of the taxpayer and the spouse of the taxpayer who reside in
the household, that was received during the calendar year for which the claim
is filed. “Household income” includes payments received by the taxpayer or the
spouse of the taxpayer under the federal Social Security Act for the benefit of
a minor child or minor children who are members of the household.
(8) “Income” means “adjusted gross
income” as defined in the federal Internal Revenue Code, as amended and in
effect on December 31, [2009] 2010,
even when the amendments take effect or become operative after that date,
relating to the measurement of taxable income of individuals, estates and
trusts, with the following modifications:
(a) There shall be added to adjusted
gross income the following items of otherwise exempt income:
(A) The gross amount of any otherwise
exempt pension less return of investment, if any.
(B) Child support received by the
taxpayer.
(C) Inheritances.
(D) Gifts and grants, the sum of which
are in excess of $500 per year.
(E) Amounts received by a taxpayer or
spouse of a taxpayer for support from a parent who is not a member of the
taxpayer’s household.
(F) Life insurance proceeds.
(G) Accident and health insurance
proceeds, except reimbursement of incurred medical expenses.
(H) Personal injury damages.
(I) Sick pay which is not included in
federal adjusted gross income.
(J) Strike benefits excluded from
federal gross income.
(K) Worker’s compensation, except for
reimbursement of medical expense.
(L) Military pay and benefits.
(M) Veteran’s benefits.
(N) Payments received under the
federal Social Security Act which are excluded from federal gross income.
(O) Welfare payments, except as
follows:
(i) Payments for medical care, drugs
and medical supplies, if the payments are not made directly to the welfare
recipient;
(ii) In-home services authorized and
approved by the Department of Human Services; and
(iii) Direct or indirect reimbursement
of expenses paid or incurred for participation in work or training programs.
(P) Nontaxable dividends.
(Q) Nontaxable interest not included
in federal adjusted gross income.
(R) Rental allowance paid to a
minister that is excluded from federal gross income.
(S) Income from sources without the
United States that is excluded from federal gross income.
(b) Adjusted gross income shall be
increased due to the disallowance of the following deductions:
(A) The amount of the net loss, in
excess of $1,000, from all dispositions of tangible or intangible properties.
(B) The amount of the net loss, in
excess of $1,000, from the operation of a farm or farms.
(C) The amount of the net loss, in
excess of $1,000, from all operations of a trade or business, profession or
other activity entered into for the production or collection of income.
(D) The amount of the net loss, in
excess of $1,000, from tangible or intangible property held for the production
of rents, royalties or other income.
(E) The amount of any net operating
loss carryovers or carrybacks included in federal adjusted gross income.
(F) The amount, in excess of $5,000,
of the combined deductions or other allowances for depreciation, amortization
or depletion.
(G) The amount added or subtracted, as
required within the context of this section, for adjustments made under ORS
316.680 (2)(d) and 316.707 to 316.737.
(c) “Income” does not include any of
the following:
(A) Any governmental grant which must
be used by the taxpayer for rehabilitation of the homestead of the taxpayer.
(B) The amount of any payments made
pursuant to ORS 310.630 to 310.706.
(C) Any refund of Oregon personal
income taxes that were imposed under ORS chapter 316.
(9) “Payments for heat” means those
payments made to secure the commodities or services to be used as the principal
source of heat for the homestead of the taxpayer and includes payments for
natural gas, oil, firewood, coal, sawdust, electricity, steam or other
materials that are capable of use as a primary source of heat for the
homestead.
(10) “Statement of gross rent” means a
declaration by the applicant, under penalties of false swearing, that the
amount of contract rent and fuel and utility payments designated is the actual
amount both incurred and paid during the year for which elderly rental
assistance is claimed.
(11) “Taxpayer” means an individual
who is a resident of this state on December 31 of the year for which elderly
rental assistance is claimed and whose homestead, as of the same December 31
and during all or a portion of the year ending on the same December 31, is
rented and while rented is the subject, directly or indirectly, of property tax
levied by this state or a political subdivision or of payments made in lieu of
taxes.
SECTION 19. ORS 310.800, as amended
by section 19, chapter 82, Oregon Laws 2010, is amended to read:
310.800. (1) As used in this section:
(a) “Authorized representative” means
a senior citizen who is authorized by a tax-exempt entity to perform charitable
or public service on behalf of a senior citizen who has entered into a contract
under subsection (2) of this section.
(b) “Homestead” means an
owner-occupied principal residence.
(c) “Senior citizen” means a person
who is 60 years of age or older.
(d) “Tax-exempt entity” means an
entity that is exempt from federal income taxes under section 501(c) of the
Internal Revenue Code, as amended and in effect on December 31, [2009] 2010.
(e) “Taxing unit” means any county,
city or common or union high school district, community college service
district or community college district within this state with authority to
impose ad valorem property taxes.
(2) A tax-exempt entity may establish
a property tax work-off program pursuant to which a senior citizen may contract
to perform charitable or public service in consideration of payment of property
taxes extended against the homestead of the senior citizen and billed to the
senior citizen. For purposes of ORS chapters 316 and 656, and notwithstanding
ORS 670.600 or other law, a senior citizen who enters into a contract under
this subsection shall be considered an independent contractor and not a worker
or employee with respect to the services performed pursuant to the contract.
Nothing in this section precludes a taxing unit from being considered an
employer, for purposes of unemployment compensation under ORS chapter 657, of a
senior citizen who enters into a contract under this section.
(3) A taxing unit may enter into an
agreement with a tax-exempt entity that has established a property tax work-off
program. Pursuant to the agreement the taxing unit may accept, as volunteer and
public service, the services of a senior citizen who has entered into a
contract described in subsection (2) of this section or an authorized
representative.
(4) A taxing unit may provide funds or
make grants to any tax-exempt entity that has established a property tax
work-off program for use to carry out the program.
SECTION 20. ORS 311.689, as amended
by section 20, chapter 82, Oregon Laws 2010, is amended to read:
311.689. (1) Notwithstanding ORS
311.668 or any other provision of ORS 311.666 to 311.701, if the individual or,
in the case of two or more individuals electing to defer property taxes
jointly, all of the individuals together, or the spouse who has filed a claim
under ORS 311.688, has federal adjusted gross income that exceeds $32,000 for
the tax year that began in the previous calendar year, then for the tax year
next beginning, the amount of taxes for which deferral is allowed shall be reduced
by $0.50 for each dollar of federal adjusted gross income in excess of $32,000.
(2) Prior to June 1 of each year, and
notwithstanding ORS 314.835, the Department of Revenue shall review returns
filed under ORS chapter 314 and 316 to determine if subsection (1) of this
section is applicable for a homestead for the tax year next beginning. If
subsection (1) of this section is applicable, the department shall notify by
mail the taxpayer or spouse electing deferral, and the taxes otherwise to be
deferred for the tax year next beginning shall be reduced as provided in
subsection (1) of this section or, if federal adjusted gross income in excess
of $32,000 exceeds the amount of property taxes by a factor of two, the
property taxes shall not be deferred.
(3) If the taxpayer or spouse does not
file a return for purposes of ORS chapters 314 and 316 and the department has
reason to believe that the federal adjusted gross income of the taxpayer or
spouse exceeds $32,000 for the tax year that began in the previous calendar
year, the department shall notify by mail the taxpayer or spouse electing
deferral. If, within 30 days after the notice is mailed, the taxpayer or spouse
does not file a return under ORS chapter 314 or 316 or otherwise satisfy the
department that federal adjusted gross income does not exceed $32,000, the
department shall again notify the taxpayer or spouse, and the taxes otherwise
to be deferred for the tax year next beginning shall not be deferred.
(4) For tax years beginning on or
after July 1, 2002, the federal adjusted gross income limit set forth in
subsections (1) to (3) of this section shall be recomputed by multiplying
$32,000 by the indexing factor described in ORS 311.668 (7)(a)(A), and rounding
the amount so computed to the nearest multiple of $500.
(5) Nothing in this section shall
affect the continued deferral of taxes that have been deferred for tax years
beginning prior to the tax year next beginning or the right to deferral of
taxes for a tax year beginning after the tax year next beginning if subsection
(1) is not applicable for that tax year for the homestead.
(6) As used in this section, “federal
adjusted gross income” means federal adjusted gross income of the individual
or, in the case of two or more individuals electing to defer property tax
jointly, the combined federal adjusted gross income of the individuals, or the
federal adjusted gross income of the spouse who has filed a claim under ORS
311.688, all as determined for the tax year beginning in the calendar year
prior to which a determination is required under subsection (2) of this
section. “Federal adjusted gross income” shall be determined under the Internal
Revenue Code, as amended and in effect on December 31, [2009] 2010, without any of the additions, subtractions or other
modifications or adjustments required under ORS chapter 314 or 316.
(7)(a) If, after an initial
determination under this section has been made by the department, upon audit or
examination or otherwise, it is discovered that the taxpayer or spouse had
federal adjusted gross income in excess of the limitation provided under
subsection (1) of this section, the department shall determine the amount of
taxes deferred that should not have been deferred and give notice to the
taxpayer or spouse of the amount of taxes that should not have been deferred.
The provisions of ORS chapters 305 and 314 shall apply to a determination of
the department under this section in the same manner as those provisions are
applicable to an income tax deficiency. The amount of deferred taxes that
should not have been deferred shall bear interest from the date paid by the
department until paid at the rate established under ORS 305.220 for
deficiencies. A deficiency shall not be assessed under this section if notice
required under this section is not given to the taxpayer or spouse within three
years after the date that the department has paid the deferred taxes to the
county. Upon payment of the amount assessed as deficiency, and interest, the
department shall execute a release in the amount of the payment and the release
shall be conclusive evidence of the removal and extinguishment of the lien
under ORS 311.666 to 311.701 to the extent of the payment.
(b) If, after an initial determination
under this section has been made by the department, upon claim for refund,
audit or examination or otherwise, it is discovered that the taxpayer or spouse
had federal adjusted gross income in the amount of or less than the limitation
provided under subsection (1) of this section, the department shall determine
the amount of taxes deferred that should have been deferred and give notice to
the taxpayer or spouse of the amount of taxes that should have been deferred.
The provisions of ORS chapters 305 and 314 shall apply to a determination of
the department under this section in the same manner as those provisions are
applicable to an income tax refund. The amount of the taxes that should have
been deferred shall bear interest from the date paid by the taxpayer to the
county at the rate established under ORS 305.220 for refunds until paid. Claim
for refund under this paragraph must be filed within three years after the
earliest date that the taxpayer or spouse is notified by the department that
the taxes are not deferred.
(8) This section applies to all
tax-deferred property, notwithstanding that election to defer taxes is made
under ORS 311.666 to 311.701 before or after October 3, 1989.
SECTION 21. ORS 314.011, as amended
by section 22, chapter 909, Oregon Laws 2009, and section 22, chapter 82, Oregon
Laws 2010, is amended to read:
314.011. (1) As used in this chapter,
unless the context requires otherwise, “department” means the Department of
Revenue.
(2) As used in this chapter:
(a) Any term has the same meaning as
when used in a comparable context in the laws of the United States relating to
federal income taxes, unless a different meaning is clearly required or the
term is specifically defined in this chapter.
(b) Except where the Legislative
Assembly has provided otherwise, a reference to the laws of the United States
or to the Internal Revenue Code refers to the laws of the United States or to
the Internal Revenue Code as they are amended and in effect:
(A) On December 31, [2009] 2010; or
(B) If related to the definition of
taxable income, as applicable to the tax year of the taxpayer.
(c) With respect to ORS 314.105,
314.256 (relating to proxy tax on lobbying expenditures), 314.260 (1)(b),
314.265 (1)(b), 314.302, 314.306, 314.330, 314.360, 314.362, 314.385, 314.402,
314.410, 314.412, 314.525, 314.742 (7), 314.750 and 314.752 and other
provisions of this chapter, except those described in paragraph (b) of this
subsection, any reference to the laws of the United States or to the Internal
Revenue Code means the laws of the United States relating to income taxes or
the Internal Revenue Code as they are amended on or before December 31, [2009] 2010, even when the
amendments take effect or become operative after that date, except where the
Legislative Assembly has specifically provided otherwise.
(3) Insofar as is practicable in the
administration of this chapter, the department shall apply and follow the
administrative and judicial interpretations of the federal income tax law. When
a provision of the federal income tax law is the subject of conflicting
opinions by two or more federal courts, the department shall follow the rule
observed by the United States Commissioner of Internal Revenue until the
conflict is resolved. Nothing contained in this section limits the right or
duty of the department to audit the return of any taxpayer or to determine any
fact relating to the tax liability of any taxpayer.
(4) When portions of the Internal
Revenue Code incorporated by reference as provided in subsection (2) of this
section refer to rules or regulations prescribed by the Secretary of the
Treasury, then such rules or regulations shall be regarded as rules adopted by
the department under and in accordance with the provisions of this chapter,
whenever they are prescribed or amended.
(5)(a) When portions of the Internal
Revenue Code incorporated by reference as provided in subsection (2) of this
section are later corrected by an Act or a Title within an Act of the United
States Congress designated as an Act or Title making technical corrections,
then notwithstanding the date that the Act or Title becomes law, those portions
of the Internal Revenue Code, as so corrected, shall be the portions of the
Internal Revenue Code incorporated by reference as provided in subsection (2)
of this section and shall take effect, unless otherwise indicated by the Act or
Title (in which case the provisions shall take effect as indicated in the Act
or Title), as if originally included in the provisions of the Act being
technically corrected. If, on account of this subsection, any adjustment is
required to an Oregon return that would otherwise be prevented by operation of
law or rule, the adjustment shall be made, notwithstanding any law or rule to
the contrary, in the manner provided under ORS 314.135.
(b) As used in this subsection, “Act
or Title” includes any subtitle, division or other part of an Act or Title.
SECTION 22. ORS 315.004, as amended
by section 23, chapter 82, Oregon Laws 2010, is amended to read:
315.004. (1) Except when the context
requires otherwise, the definitions contained in ORS chapters 314, 316, 317 and
318 are applicable in the construction, interpretation and application of the
personal and corporate income and excise tax credits contained in this chapter.
(2)(a) For purposes of the tax credits
contained in this chapter, any term has the same meaning as when used in a
comparable context in the laws of the United States relating to federal income
taxes, unless a different meaning is clearly required 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 the laws of the United States or to
the Internal Revenue Code means the laws of the United States relating to
income taxes or the Internal Revenue Code as they are amended on or before
December 31, [2009] 2010, even
when the amendments take effect or become operative after that date.
(3) Insofar as is practicable in the
administration of this chapter, the Department of Revenue shall apply and
follow the administrative and judicial interpretations of the federal income
tax law. When a provision of the federal income tax law is the subject of
conflicting opinions by two or more federal courts, the department shall follow
the rule observed by the United States Commissioner of Internal Revenue until
the conflict is resolved. Nothing contained in this section limits the right or
duty of the department to audit the return of any taxpayer or to determine any
fact relating to the tax liability of any taxpayer.
(4) When portions of the Internal
Revenue Code incorporated by reference as provided in subsection (2) of this
section refer to rules or regulations prescribed by the Secretary of the
Treasury, then such rules or regulations shall be regarded as rules adopted by
the department under and in accordance with the provisions of this chapter,
whenever they are prescribed or amended.
(5)(a) When portions of the Internal
Revenue Code incorporated by reference as provided in subsection (2) of this
section are later corrected by an Act or a Title within an Act of the United
States Congress designated as an Act or Title making technical corrections,
then notwithstanding the date that the Act or Title becomes law, those portions
of the Internal Revenue Code, as so corrected, shall be the portions of the
Internal Revenue Code incorporated by reference as provided in subsection (2)
of this section and shall take effect, unless otherwise indicated by the Act or
Title (in which case the provisions shall take effect as indicated in the Act
or Title), as if originally included in the provisions of the Act being
technically corrected. If, on account of this subsection, any adjustment is
required to an Oregon return that would otherwise be prevented by operation of
law or rule, the adjustment shall be made, notwithstanding any law or rule to
the contrary, in the manner provided under ORS 314.135.
(b) As used in this subsection, “Act
or Title” includes any subtitle, division or other part of an Act or Title.
SECTION 23. ORS 316.012, as amended
by section 25, chapter 909, Oregon Laws 2009, and section 25, chapter 82,
Oregon Laws 2010, is amended to read:
316.012. Any term used in this chapter
has the same meaning as when used in a comparable context in the laws of the
United States relating to federal income taxes, unless a different meaning is
clearly required or the term is specifically defined in this chapter. Except
where the Legislative Assembly has provided otherwise, any reference in this
chapter to the laws of the United States or to the Internal Revenue Code refers
to the laws of the United States or to the Internal Revenue Code as they are
amended and in effect:
(1) On December 31, [2009] 2010; or
(2) If related to the definition of
taxable income, as applicable to the tax year of the taxpayer.
SECTION 24. ORS 317.010, as amended
by section 27, chapter 909, Oregon Laws 2009, and section 28, chapter 82,
Oregon Laws 2010, is amended to read:
317.010. As used in this chapter,
unless the context requires otherwise:
(1) “Centrally assessed corporation”
means every corporation the property of which is assessed by the Department of
Revenue under ORS 308.505 to 308.665.
(2) “Department” means the Department
of Revenue.
(3)(a) “Consolidated federal return”
means the return permitted or required to be filed by a group of affiliated
corporations under section 1501 of the Internal Revenue Code.
(b) “Consolidated state return” means
the return required to be filed under ORS 317.710 (5).
(4) “Doing business” means any
transaction or transactions in the course of its activities conducted within
the state by a national banking association, or any other corporation;
provided, however, that a foreign corporation whose activities in this state
are confined to purchases of personal property, and the storage thereof
incident to shipment outside the state, shall not be deemed to be doing
business unless such foreign corporation is an affiliate of another foreign or
domestic corporation which is doing business in Oregon. Whether or not
corporations are affiliated shall be determined as provided in section 1504 of
the Internal Revenue Code.
(5) “Excise tax” means a tax measured
by or according to net income imposed upon national banking associations, all
other banks, and financial, centrally assessed, mercantile, manufacturing and
business corporations for the privilege of carrying on or doing business in
this state.
(6) “Financial institution” has the
meaning given that term in ORS 314.610 except that it does not include a credit
union as defined in ORS 723.006, an interstate credit union as defined in ORS
723.001 or a federal credit union.
(7) “Internal Revenue Code,” except
where the Legislative Assembly has provided otherwise, refers to the laws of
the United States or to the Internal Revenue Code as they are amended and in
effect:
(a) On December 31, [2009] 2010; or
(b) If related to the definition of
taxable income, as applicable to the tax year of the taxpayer.
(8) “Oregon taxable income” means
taxable income, less the deduction allowed under ORS 317.476, except as
otherwise provided with respect to insurers in subsection (11) of this section
and ORS 317.650 to 317.665.
(9) “Oregon net loss” means taxable
loss, except as otherwise provided with respect to insurers in subsection (11)
of this section and ORS 317.650 to 317.665.
(10) “Taxable income or loss” means
the taxable income or loss determined, or in the case of a corporation for
which no federal taxable income or loss is determined, as would be determined,
under chapter 1, Subtitle A of the Internal Revenue Code and any other laws of
the United States relating to the determination of taxable income or loss of
corporate taxpayers, with the additions, subtractions, adjustments and other
modifications as are specifically prescribed by this chapter except that in
determining taxable income or loss for any year, no deduction under ORS 317.476
or 317.478 and section 45b, chapter 293, Oregon Laws 1987, shall be allowed. If
the corporation is a corporation to which ORS 314.280 or 314.605 to 314.675
(requiring or permitting apportionment of income from transactions or
activities carried on both within and without the state) applies, to derive
taxable income or loss, the following shall occur:
(a) From the amount otherwise
determined under this subsection, subtract nonbusiness income, or add
nonbusiness loss, whichever is applicable.
(b) Multiply the amount determined
under paragraph (a) of this subsection by the Oregon apportionment percentage
defined under ORS 314.280, 314.650 or 314.670, whichever is applicable. The
resulting product shall be Oregon apportioned income or loss.
(c) To the amount determined as Oregon
apportioned income or loss under paragraph (b) of this subsection, add
nonbusiness income allocable entirely to Oregon under ORS 314.280 or 314.625 to
314.645, or subtract nonbusiness loss allocable entirely to Oregon under ORS
314.280 or 314.625 to 314.645. The resulting figure is “taxable income or loss”
for those corporations carrying on taxable transactions or activities both
within and without Oregon.
(11) As used in ORS 317.122 and
317.650 to 317.665, “ insurer” means any domestic, foreign or alien insurer as
defined in ORS 731.082 and any interinsurance and reciprocal exchange and its
attorney in fact with respect to its attorney in fact net income as a corporate
attorney in fact acting as attorney in compliance with ORS 731.458, 731.462,
731.466 and 731.470 for the reciprocal or interinsurance exchange. However, “insurer”
does not include title insurers or health care service contractors operating
pursuant to ORS 750.005 to 750.095.
SECTION 25. ORS 317.097, as amended
by section 30, chapter 82, Oregon Laws 2010, is amended to read:
317.097. (1) As used in this section:
(a) “Annual rate” means the yearly
interest rate specified on the note, and not the annual percentage rate, if
any, disclosed to the applicant to comply with the federal Truth in Lending
Act.
(b) “Finance charge” means the total
of all interest, loan fees, interest on any loan fees financed by the lending
institution, and other charges related to the cost of obtaining credit.
(c) “Lending institution” means any
insured institution, as that term is defined in ORS 706.008, any mortgage
banking company that maintains an office in this state or any community
development corporation that is organized under the Oregon Nonprofit
Corporation Law.
(d) “Manufactured dwelling park” has
the meaning given that term in ORS 446.003.
(e) “Nonprofit corporation” means a
corporation that is exempt from income taxes under section 501(c)(3) or (4) of
the Internal Revenue Code as amended and in effect on December 31, [2009] 2010.
(f) “Preservation project” means
housing that was previously developed as affordable housing with a contract for
rent assistance from the United States Department of Housing and Urban
Development or the United States Department of Agriculture and that is being
acquired by a sponsoring entity.
(g) “Qualified assignee” means any
investor participating in the secondary market for real estate loans.
(h) “Qualified borrower” means any
borrower that is a sponsoring entity that has a controlling interest in the
real property that is financed by a qualified loan. A controlling interest
includes, but is not limited to, a controlling interest in the general partner
of a limited partnership that owns the real property.
(i) “Qualified loan” means:
(A) A loan that meets the criteria
stated in subsection (5) of this section or that is made to refinance a loan
that meets the criteria described in subsection (5) of this section; or
(B) The purchase by a lending
institution of bonds, as defined in ORS 286A.001, issued on behalf of the
Housing and Community Services Department, the proceeds of which are used to
finance or refinance a loan that meets the criteria described in subsection (5)
of this section.
(j) “Sponsoring entity” means a
nonprofit corporation, nonprofit cooperative, state governmental entity, local
unit of government as defined in ORS 466.706, housing authority or any other
person, provided that the person has agreed to restrictive covenants imposed by
a nonprofit corporation, nonprofit cooperative, state governmental entity,
local unit of government or housing authority.
(2) The Department of Revenue shall
allow a credit against taxes otherwise due under this chapter for the taxable
year to a lending institution that makes a qualified loan certified by the
Housing and Community Services Department as provided in subsection (7) of this
section. The amount of the credit is equal to the difference between:
(a) The amount of finance charge
charged by the lending institution during the taxable year at an annual rate
less than the market rate for a qualified loan that is made before January 1,
2014, that complies with the requirements of this section; and
(b) The amount of finance charge that
would have been charged during the taxable year by the lending institution for
the qualified loan for housing construction, development, acquisition or
rehabilitation measured at the annual rate charged by the lending institution
for nonsubsidized loans made under like terms and conditions at the time the
qualified loan for housing construction, development, acquisition or
rehabilitation is made.
(3) The maximum amount of credit for the
difference between the amounts described in subsection (2)(a) and (b) of this
section may not exceed four percent of the average unpaid balance of the
qualified loan during the tax year for which the credit is claimed.
(4) Any tax credit allowed under this
section that is not used by the taxpayer in a particular year may be carried
forward and offset against the taxpayer’s tax liability for the next succeeding
tax year. Any credit remaining unused in the next succeeding tax year may be
carried forward and used in the second succeeding tax year, and likewise, any
credit not used in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in that third
succeeding tax year may be carried forward and used in the fourth succeeding
tax year, and any credit not used in that fourth succeeding tax year may be
carried forward and used in the fifth succeeding tax year, but may not be
carried forward for any tax year thereafter.
(5) To be eligible for the tax credit
allowable under this section, a lending institution must make a qualified loan
by either purchasing bonds, as defined in ORS 286A.001, issued on behalf of the
Housing and Community Services Department, the proceeds of which are used to
finance or refinance a loan that meets the criteria stated in this subsection,
or by making a loan directly to:
(a) An individual or individuals who
own a dwelling, participate in an owner-occupied community rehabilitation
program and are certified by the local government or its designated agent as
having an income level when the loan is made of less than 80 percent of the
area median income;
(b) A qualified borrower who:
(A) Uses the loan proceeds to finance
construction, development, acquisition or rehabilitation of housing; and
(B) Provides a written certification
executed by the Housing and Community Services Department that the:
(i) Housing created by the loan is or
will be occupied by households earning less than 80 percent of the area median
income; and
(ii) Full amount of savings from the
reduced interest rate provided by the lending institution is or will be passed
on to the tenants in the form of reduced housing payments, regardless of other
subsidies provided to the housing project;
(c) Subject to subsection (14) of this
section, a qualified borrower who:
(A) Uses the loan proceeds to finance
construction, development, acquisition or rehabilitation of housing consisting
of a manufactured dwelling park; and
(B) Provides a written certification
executed by the Housing and Community Services Department that the housing will
continue to be operated as a manufactured dwelling park during the period for
which the tax credit is allowed; or
(d) A qualified borrower who:
(A) Uses the loan proceeds to finance
acquisition or rehabilitation of housing consisting of a preservation project;
and
(B) Provides a written certification
executed by the Housing and Community Services Department that the housing
preserved by the loan:
(i) Is or will be occupied by households
earning less than 80 percent of the area median income; and
(ii) Is the subject of a rent
assistance contract with the United States Department of Housing and Urban
Development or the United States Department of Agriculture that will be maintained
by the qualified borrower.
(6) A loan made to refinance a loan
that meets the criteria stated in subsection (5) of this section must be
treated the same as a loan that meets the criteria stated in subsection (5) of
this section.
(7) For a qualified loan to be
eligible for the tax credit allowable under this section, the Housing and
Community Services Department must execute a written certification for the
qualified loan that:
(a) Specifies the period, not to
exceed 20 years, as determined by the Housing and Community Services
Department, during which the tax credit is allowed for the qualified loan; and
(b) States that the qualified loan is
within the limitation imposed by subsection (8) of this section.
(8) The Housing and Community Services
Department may certify qualified loans that are eligible under subsection (5)
of this section if the total credits attributable to all qualified loans
eligible for credits under this section and then outstanding do not exceed $17
million for any fiscal year. In making loan certifications under subsection (7)
of this section, the Housing and Community Services Department shall attempt to
distribute the tax credits statewide, but shall concentrate the tax credits in
those areas of the state that are determined by the State Housing Council to
have the greatest need for affordable housing.
(9) The tax credit provided for in
this section may be taken whether or not:
(a) The financial institution is
eligible to take a federal income tax credit under section 42 of the Internal
Revenue Code with respect to the project financed by the qualified loan; or
(b) The project receives financing
from bonds, the interest on which is exempt from federal taxation under section
103 of the Internal Revenue Code.
(10) For a qualified loan defined in
subsection (1)(i)(B) of this section financed through the purchase of bonds,
the interest of which is exempt from federal taxation under section 103 of the
Internal Revenue Code, the amount of finance charge that would have been
charged under subsection (2)(b) of this section is determined by reference to
the finance charge that would have been charged if the federally tax exempt
bonds had been issued and the tax credit under this section did not apply.
(11) A lending institution may sell a
qualified loan for which a certification has been executed to a qualified
assignee whether or not the lending institution retains servicing of the
qualified loan so long as a designated lending institution maintains records,
annually verified by a loan servicer, that establish the amount of tax credit
earned by the taxpayer throughout each year of eligibility.
(12) Notwithstanding any other
provision of law, a lending institution that is a community development
corporation organized under the Oregon Nonprofit Corporation Law may transfer
all or part of a tax credit allowed under this section to one or more other
lending institutions that are stockholders or members of the community
development corporation or that otherwise participate through the community
development corporation in the making of one or more qualified loans for which
the tax credit under this section is allowed.
(13) The lending institution shall
file an annual statement with the Housing and Community Services Department,
specifying that it has conformed with all requirements imposed by law to
qualify for a tax credit under this section.
(14) Notwithstanding subsection (1)(h)
and (j) of this section, a qualified borrower on a loan to finance the
construction, development, acquisition or rehabilitation of a manufactured
dwelling park under subsection (5)(c) of this section must be a nonprofit
corporation, manufactured dwelling park nonprofit cooperative, state
governmental entity, local unit of government as defined in ORS 466.706 or housing
authority.
(15) The Housing and Community
Services Department and the Department of Revenue may adopt rules to carry out
the provisions of this section.
SECTION 26. ORS 458.670, as amended
by section 31, chapter 82, Oregon Laws 2010, is amended to read:
458.670. As used in this section and
ORS 458.675 to 458.700, unless the context requires otherwise:
(1) “Account holder” means a resident
of this state who:
(a) Is 12 years of age or older;
(b) Is a member of a lower income
household; and
(c) Has established an individual
development account with a fiduciary organization.
(2) “Fiduciary organization” means an
organization selected under ORS 458.695 to administer state moneys directed to
individual development accounts and that is:
(a) A nonprofit, fund raising
organization that is exempt from taxation under section 501(c)(3) of the
Internal Revenue Code as amended and in effect on December 31, [2009] 2010; or
(b) A federally recognized Oregon
Indian tribe that is located, to a significant degree, within the boundaries of
this state.
(3) “Financial institution” means:
(a) An organization regulated under
ORS chapters 706 to 716 or 723; or
(b) In the case of individual
development accounts established for the purpose described in ORS 458.685
(1)(c), a financial institution as defined in ORS 348.841.
(4) “Individual development account”
means a contract between an account holder and a fiduciary organization, for
the deposit of funds into a financial institution by the account holder, and
the deposit of matching funds into the financial institution by the fiduciary
organization, to allow the account holder to accumulate assets for use toward
achieving a specific purpose approved by the fiduciary organization.
(5) “Lower income household” means a
household having an income equal to or less than the greater of the following:
(a) 80 percent of the median household
income for the area as determined by the Housing and Community Services
Department. In making the determination, the department shall give consideration
to any data on area household income published by the United States Department
of Housing and Urban Development.
(b) 200 percent of the poverty
guidelines as determined by the Housing and Community Services Department. In
making the determination, the department shall give consideration to poverty
guidelines published by the United States Department of Health and Human
Services and may consider other income data periodically published by other
federal or Oregon agencies.
(6) “Resident of this state” has the
meaning given that term in ORS 316.027.
SECTION 27. ORS 657.010, as amended
by section 32, chapter 82, Oregon Laws 2010, is amended to read:
657.010. As used in this chapter,
unless the context requires otherwise:
(1) “Base year” means the first four
of the last five completed calendar quarters preceding the benefit year.
(2) “Benefits” means the money
allowances payable to unemployed persons under this chapter.
(3) “Benefit year” means a period of
52 consecutive weeks commencing with the first week with respect to which an
individual files an initial valid claim for benefits, and thereafter the 52
consecutive weeks period beginning with the first week with respect to which
the individual next files an initial valid claim after the termination of the
individual’s last preceding benefit year except that the benefit year shall be
53 weeks if the filing of an initial valid claim would result in overlapping
any quarter of the base year of a previously filed initial valid claim.
(4) “Calendar quarter” means the
period of three consecutive calendar months ending on March 31, June 30,
September 30 or December 31, or the approximate equivalent thereof, as the
Director of the Employment Department may, by regulation, prescribe.
(5) “Contribution” or “contributions”
means the taxes, as defined in subsection (13) of this section, that are the
money payments required by this chapter, or voluntary payments permitted, to be
made to the Unemployment Compensation Trust Fund.
(6) “Educational institution,”
including an institution of higher education as defined in subsection (9) of
this section, means an institution:
(a) In which participants, trainees or
students are offered an organized course of study or training designed to
transfer to them knowledge, skills, information, doctrines, attitudes or
abilities from, by or under the guidance of an instructor or teacher;
(b) That is accredited, registered,
approved, licensed or issued a permit to operate as a school by the Department
of Education or other government agency, or that offers courses for credit that
are transferable to an approved, registered or accredited school;
(c) In which the course or courses of
study or training that it offers may be academic, technical, trade or
preparation for gainful employment in a recognized occupation; and
(d) In which the course or courses of
study or training are offered on a regular and continuing basis.
(7) “Employment office” means a free
public employment office or branch thereof, operated by this state or maintained
as a part of a state-controlled system of public employment offices.
(8) “Hospital” means an organization
that has been licensed, certified or approved by the Oregon Health Authority as
a hospital.
(9) “Institution of higher education”
means an educational institution that:
(a) Admits as regular students only
individuals having a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;
(b) Is legally authorized in this
state to provide a program of education beyond high school;
(c) Provides an educational program
for which it awards a bachelor’s or higher degree, or provides a program that
is acceptable for full credit toward such a degree, a program of post-graduate
or post-doctoral studies, or a program of training to prepare students for
gainful employment in a recognized occupation; and
(d) Is a public or other nonprofit
institution.
(10) “Internal Revenue Code” means the
federal Internal Revenue Code, as amended and in effect on December 31, [2009] 2010.
(11) “Nonprofit employing unit” means
an organization, or group of organizations, described in section 501(c)(3) of
the Internal Revenue Code that is exempt from income tax under section 501(a)
of the Internal Revenue Code.
(12) “State” includes, in addition to
the states of the United States of America, the District of Columbia and Puerto
Rico. However, for all purposes of this chapter the Virgin Islands shall be
considered a state on and after the day on which the United States Secretary of
Labor first approves the Virgin Islands’ law under section 3304(a) of the
Federal Unemployment Tax Act as amended by Public Law 94-566.
(13) “Taxes” means the money payments
to the Unemployment Compensation Trust Fund required, or voluntary payments
permitted, by this chapter.
(14) “Valid claim” means any claim for
benefits made in accordance with ORS 657.260 if the individual meets the
wages-paid-for-employment requirements of ORS 657.150.
(15) “Week” means any period of seven
consecutive calendar days ending at midnight, as the director may, by
regulation, prescribe. The director may by regulation prescribe that a “week”
shall be “in,” “within,” or “during” the calendar quarter that includes the
greater part of such week.
SECTION 28. (1) Except as provided
in subsections (2) and (3) of this section, the amendments to statutes by
sections 1 to 27 of this 2011 Act apply to transactions or activities occurring
on or after January 1, 2011, in tax years beginning on or after January 1,
2011.
(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 Federal
Aviation Administration Air Transportation Modernization and Safety Improvement
Act (P.L. 111-226), the Patient Protection and Affordable Care Act (P.L.
111-148), the Preservation of Access to Care for Medicare Beneficiaries and
Pension Relief Act of 2010 (P.L. 111-192), the Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152), the Homebuyer Assistance and
Improvement Act of 2010 (P.L. 111-198) 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, 2011, and the
deficiency or any portion thereof is attributable to any retroactive treatment
under the amendments to ORS 305.230, 305.494, 305.690, 307.130, 307.147,
308A.450, 310.140, 310.630, 310.800, 311.689, 314.011, 315.004, 316.012,
317.010 and 317.097 by sections 11 to 25 of this 2011 Act, 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, 2011, and the refund or any portion
thereof is due the taxpayer on account of any retroactive treatment under the
amendments to ORS 305.230, 305.494, 305.690, 307.130, 307.147, 308A.450,
310.140, 310.630, 310.800, 311.689, 314.011, 315.004, 316.012, 317.010 and
317.097 by sections 11 to 25 of this 2011 Act, 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 ORS 305.230, 305.494, 305.690, 307.130, 307.147, 308A.450,
310.140, 310.630, 310.800, 311.689, 314.011, 315.004, 316.012, 317.010 and
317.097 by sections 11 to 25 of this 2011 Act for a tax year beginning before
January 1, 2011, 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, 2011, and before January 1, 2012, is filed,
whichever period expires later.
SECTION 29. ORS 316.739 is amended to
read:
316.739. (1) There shall be added to
federal taxable income for Oregon tax purposes the difference between the
amount allowable as a deduction under section 108 of the Internal Revenue Code
as applicable to the tax year of the taxpayer and the amount allowable as a
deduction under section 108 of the Internal Revenue Code as amended and in
effect on December 31, 2008, [and as
applicable to tax years beginning on or after January 1, 2008, and before
January 1, 2009] as applicable to the tax year of the taxpayer.
(2) There shall be added to federal
taxable income for Oregon tax purposes the difference between the amount
allowable as a deduction under section 168(k) of the Internal Revenue Code as
applicable to the tax year of the taxpayer and the amount allowable as a
deduction under section 168(k) of the Internal Revenue Code as amended and in
effect on December 31, 2008, [and as
applicable to tax years beginning on or after January 1, 2008, and before
January 1, 2009] as applicable to the tax year of the taxpayer.
(3) There shall be added to federal
taxable income for Oregon tax purposes the difference between the amount
allowable as a deduction under section 179 of the Internal Revenue Code as
applicable to the tax year of the taxpayer and the amount allowable as a
deduction under section 179 of the Internal Revenue Code as amended and in
effect on December 31, 2008, [and as
applicable to tax years beginning on or after January 1, 2008, and before
January 1, 2009] as applicable to the tax year of the taxpayer.
(4) Amounts added to federal taxable
income for Oregon tax purposes under subsections (1) to (3) of this section may
thereafter be subtracted from federal taxable income for Oregon tax purposes in
the tax year for which the amounts would have been allowed as a deduction on
the taxpayer’s federal income tax return under the Internal Revenue Code as
amended and in effect on December 31, 2008, [and as applicable to tax years beginning on or after January 1, 2008,
and before January 1, 2009] as applicable to the tax year of the
taxpayer.
SECTION 30. ORS 317.301 is amended to
read:
317.301. (1) There shall be added to
federal taxable income for Oregon tax purposes the difference between the
amount allowable as a deduction under section 108 of the Internal Revenue Code
as applicable to the tax year of the taxpayer and the amount allowable as a
deduction under section 108 of the Internal Revenue Code as amended and in
effect on December 31, 2008, [and as
applicable to tax years beginning on or after January 1, 2008, and before
January 1, 2009] as applicable to the tax year of the taxpayer.
(2) There shall be added to federal
taxable income for Oregon tax purposes the difference between the amount
allowable as a deduction under section 168(k) of the Internal Revenue Code as
applicable to the tax year of the taxpayer and the amount allowable as a
deduction under section 168(k) of the Internal Revenue Code as amended and in
effect on December 31, 2008, [and as
applicable to tax years beginning on or after January 1, 2008, and before
January 1, 2009] as applicable to the tax year of the taxpayer.
(3) There shall be added to federal
taxable income for Oregon tax purposes the difference between the amount
allowable as a deduction under section 179 of the Internal Revenue Code as
applicable to the tax year of the taxpayer and the amount allowable as a
deduction under section 179 of the Internal Revenue Code as amended and in
effect on December 31, 2008, [and as
applicable to tax years beginning on or after January 1, 2008, and before
January 1, 2009] as applicable to the tax year of the taxpayer.
(4) Amounts added to federal taxable
income for Oregon tax purposes under subsections (1) to (3) of this section may
thereafter be subtracted from federal taxable income for Oregon tax purposes in
the tax year for which the amounts would have been allowed as a deduction on
the taxpayer’s federal income tax return under the Internal Revenue Code as
amended and in effect on December 31, 2008, [and as applicable to tax years beginning on or after January 1, 2008,
and before January 1, 2009] as applicable to the tax year of the
taxpayer.
SECTION 31. ORS 316.739 and 317.301 apply to tax years beginning on or after January
1, 2009, and before January 1, 2011.
SECTION 32. Section 33 of this
2011 Act is added to and made a part of ORS 118.005 to 118.840.
SECTION 33. For decedents dying
after December 31, 2009, and before December 17, 2010:
(1) If the filing of a federal estate
tax return is required, a return is not due under ORS 118.005 to 118.840 until
the date provided in section 301(d)(1) of Public Law 111-312 for filing of the
federal estate tax return.
(2) Notwithstanding ORS 118.100 (1)
and 118.220, taxes imposed by ORS 118.005 to 118.840 are due and payable within
nine months after the decedent’s death.
(3) Penalties and interest under ORS
118.260 shall be determined without regard to the extension of time to file
under subsection (1) of this section.
SECTION 34. This 2011 Act takes
effect on the 91st day after the date on which the 2011 session of the
Seventy-sixth Legislative Assembly adjourns sine die.
Approved by
the Governor March 9, 2011
Filed in the
office of Secretary of State March 9, 2011
Effective date
September 29, 2011
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