2022 Publication OR-OC Oregon Composite Return Instructions for Pass-through Entities General information Use Form OR-OC to: This publication provides instructions for the following: • Report the nonresident owners’ share of Oregon-source • 150-101-154 Form OR-OC distributive income. • 150-101-152 Schedule OR-OC-1 • Report centralized partnership audit regime (CPAR) • 150-101-153 Schedule OR-OC-2 adjustments and any amount paid in lieu of tax at the • 150-101-148 Schedule OR-OC-3 partnership or tiered partner level. • 150-101-149 Schedule OR-OC-4 • 150-101-158 Form OR-OC-TR If you are using these forms to report nonresident owners’ share of Oregon-source distributive income, follow the “Instructions for composite tax reporting.” If the IRS adjusted your tax under CPAR, see “Instructions for Reporting Federal CPAR Adjustments.” Instructions for Composite Tax Reporting or not. Nonelecting owners are required to file an Oregon Introduction tax return if they have Oregon-source distributive income. Pass-through entities (PTEs) with distributive income attrib- “Owner” is a partner of a partnership or limited liability utable to Oregon sources must file a composite return on partnership (LLP), shareholder of an S corporation, member behalf of their nonresident owners who elect to participate of a limited liability company (LLC), or beneficiary of a trust. in the composite filing. The PTE reports the nonresident “Pass-through entity (PTE)” is a partnership, S corporation, owners’ share of Oregon-source distributive income on one LLP, LLC, abusive tax shelter trust or a trust that has been tax return, Form OR-OC. established or maintained primarily for tax avoidance pur- PTEs must make tax payments for nonresident owners who poses. Note: Single-member LLCs owned by an individual don’t elect to join the composite return, unless the owner or a corporation and grantor trusts are disregarded for tax files an affidavit. See Form OR-19 Instructions for more purposes and are not PTEs. For this purpose only: Estates information. are not PTEs. Important: “Pass-through entity elective tax (PTE-E tax)” is income tax paid by electing PTEs at the entity level. Individual • The most common error on Form OR-OC is using the owners will report their distributive income and the PTE-E entity’s tax year instead of the owners’ tax year. Don’t use addition and credit reported to them on their Oregon K-1 the entity’s fiscal or short tax year for Form OR-OC. See and OR-21-K-1. See Form OR-21 Instructions for additional “Tax year and return due date.” information. • Inform the electing owners to not claim the tax paid on their behalf on Form OR-40-N, Form OR-20, or Form OR- 20-INC returns. General information for composite tax reporting Definitions “Distributive income” is generally the net amount of It’s important to know which owners intend to elect to join income, gain, deduction, or loss of a PTE. the composite return at the beginning of the tax year, so the PTE can make estimated payments on time. “Electing owner” is a nonresident owner who chooses to join in filing a composite return. Filing requirements “FEIN” is federal employer identification number. PTEs must file composite returns on behalf of electing own- “Nonelecting owner” is an owner who chooses not to join ers. A PTE that files a composite return is still required to in filing a composite return, whether the PTE withheld tax file the PTE’s return (such as Form OR-65 or Form OR-20-S). 150-101-155 (Rev. 09-08-22) 1 2022 Publication OR-OC |
To be included in the composite return, the owner must be: Use Form OR-OC-V if the PTE only needs an extension to file the Oregon composite return and make an extension • An individual nonresident of Oregon; payment. • A disregarded entity using a nonresident individual’s name and SSN; Check the “Original return” box and mail the completed • A C corporation with no commercial domicile in Oregon; voucher with your payment by the original due date. When • An estate; Form OR-OC is filed, check the “Extension” box and enter • A trust that isn’t a resident trust; or the extended due date. Keep a copy of the extension form • A qualified funeral trust (ORS 316.282). with your records. Owners who are also a PTE can’t join in the composite Remember: An extension allows for more time to file, not return. See “Tiered entities” for more information. more time to pay. See “Estimated tax payment instructions.” The election to participate in the composite filing can’t be Penalty and interest revoked after the due date of the composite return, includ- ing extensions. See “Requesting transfer of payment” for If tax isn’t paid by the due date (not including extensions), more information. the PTE will owe penalty and interest. See the instructions for Form OR-OC, line 9. The PTE is liable for any tax, penalty, and interest due, including interest on underpayment of estimated tax. Oregon-source distributive income Tax year and return due date Distributive income includes items directly related to the The tax year and due date for the Oregon composite return PTE that are considered in determining the federal taxable is the same as the tax year and due date for the majority of income of the nonresident owner. It also includes modifica- the electing owners’ federal and Oregon tax returns. If the tions and other Oregon laws that directly relate to the PTE. majority of owners file using a calendar tax year, then the Limits that apply to the owner (such as passive loss limits) composite return is also a calendar tax year return. Form are the same whether they file their own return or join a OR-OC isn’t filed using a fiscal or short tax year used by the composite return. PTE. If the majority of owners adopt a different fiscal year Examples of the modifications allowed that relate to the PTE’s or change to a calendar year after Form OR-OC is filed, file income include adjustments for depreciation, depletion, gain an amended Form OR-OC that includes the income and tax or loss difference on the sale of depreciable property, and due for both the original and short year. U.S. government interest. If the PTE elected to pay Oregon’s PTE-E tax, include the addition for PTE-E taxes deducted Use the tax forms and due dates that correspond with the by the PTE on its federal return from the owner’s Schedule owners’ tax year. Most PTEs must use a calendar tax year OR-21-K-1, line 2. Modifications don’t include the federal tax for Form OR-OC because it’s common for a majority of par- subtraction, itemized deductions, and the Oregon standard ticipating owners to use a calendar tax year. The due date deduction allowed to individual taxpayers. for 2022 calendar year filers is April 18, 2023. Oregon-source distributive income is the portion of the If Form OR-OC isn’t available for the applicable tax year entity’s modified distributive income that is derived from or at the time of filing, wait until the current year return is connected with Oregon sources. Oregon-source distributive available before filing the composite return. Don’t use prior income doesn’t include return of capital, income sourced in year forms. another state, or other distributions not taxable by Oregon. Example 1: NW LLC‘s 2022 fiscal year began April 1, 2021 If the PTE has business activity only in Oregon, multiply the and ended March 31, 2022. Most of the electing owners are distributive income of the PTE by the ownership percentage individuals who file using a calendar year. Following federal of the nonresident owner. reporting rules, the 2022 fiscal year income from NW LLC is reported on the owners’ 2022 federal and Oregon tax Apportionable income returns. Therefore, NW LLC will file a 2022 calendar year Form OR-OC for its electing owners to report this income, PTEs with business activity both inside and outside Oregon which is due April 18, 2023. during the year must calculate Oregon-source distributive income for nonresident owners. This is the same as what was calculated for the PTE’s return using Schedule OR-AP Extensions to figure the apportionment percentage. If the PTE is granted a federal extension to file its return Corporate Partners. A corporate partner’s distributive (Form OR-65 or Form OR-20-S), the PTE is also granted income may be included in a composite return only when an extension for Form OR-OC. The additional time to file its distributive share is not required to be included in the Form OR-OC with a timely filed extension is six months. A corporate partner’s apportionable income. The PTE filing a calendar year 2022 Form OR-OC filed on extension is due composite return should assume a corporate partner’s dis- on October 16, 2023. tributive share is required to be included in the corporate 150-101-155 (Rev. 09-08-22) 2 2022 Publication OR-OC |
partner’s apportionable income unless the corporate partner Self-employment tax deduction notifies the PTE in writing that it is not. Each PTE must calculate the self-employment tax deduction A corporate partner may have previously notified the PTE for each electing owner who is subject to self-employment that its distributive share is not includable in its apportion- tax. Subtract the self-employment tax deduction attributable able income and elected to be included in the PTE’s com- posite return. If it is determined that the corporate partner’s to Oregon-source distributive income from the Oregon- distributive share should be included in the corporation’s source distributive income and enter the net result on Sched- apportionable income by the department, the corporate ule OR-OC-1 for each owner. partner’s election to be included in the composite return is invalid. Upon notification of this fact by the corporate Oregon marijuana or psilocybin business partner, the PTE may file an amended composite return modification for a refund of tax that was paid on the corporate partner’s distributive income included in the composite return. Oregon-licensed marijuana and psilocybin businesses are allowed a deduction for expenses that could be claimed Guaranteed payments as federal deductions if marijuana or psilocybin wasn’t a Guaranteed payments are treated as a business income controlled substance under federal law (IRC 280E). To cal- component of the PTE’s distributive income and are culate the deduction, you must complete a federal business attributed directly to the owner receiving the payment return as if the business expenses would have been allowed (OAR 150-316-0155). for federal purposes. You won’t submit the “as if” federal business return to the IRS. The deduction is the difference Distributions between the profit/loss on your actual federal return and Though distributions to shareholders of an S corporation the “as if” return. The deduction is subtracted from the total generally aren’t taxable income, there are exceptions. For Oregon-sourced distributive income. Don’t submit the “as- instance, if the corporation was formerly taxed as a C cor- if” return with Form OR-OC. Keep it with your tax records. poration, any C corporation earnings and profits that are Note: This deduction can’t be used to create a net operat- distributed are taxable. Attribute any taxable part of a dis- tribution directly to the shareholder receiving the distribu- ing loss. It can only be used to reduce your Oregon source tion. Multiply the taxable part by the Oregon apportionment income to zero. See Publication OR-17 for more information. percentage from Schedule OR-AP to determine how much to include in the shareholder’s income. Credits Credits normally allowed on owners’ tax returns, such as Deductions the credit for taxes paid to another state or exemption credit, Individual tax deduction aren’t allowed on the composite return. If the PTE elected to Deductions normally allowed to individuals (such as item- pay the PTE-E tax, the PTE-E tax credit will be used to off- ized deductions or the standard deduction) aren’t allowed set the tax due reported on the composite return. See Form on composite returns. OR-21 instructions for more information. 2022 tax rate charts Tax rate chart Tax rate chart For persons filing S For persons filing J Single or married filing separately Jointly, head of household, or qualifying surviving spouse with dependent child If your taxable income is: Your tax is: If your taxable income is: Your tax is: Not over $3,750 ............................. 4.75% of taxable income Not over $7,500 .............................. 4.75% of taxable income Over $3,750 but .............................$178 plus 6.75% of the Over $7,500 but .............................$356 plus 6.75% of the not over $9,450 excess over $3,750 not over $18,900 excess over $7,500 Over $9,450 but ............................. $563 plus 8.75% of the Over $18,900 but ...........................$1,126 plus 8.75% of the not over $125,000 excess over $9,450 not over $250,000 excess over $18,900 Over $125,000 ................................$10,674 plus 9.9% of the Over $250,000 ................................$21,347 plus 9.9% of the excess over $125,000 excess over $250,000 150-101-155 (Rev. 09-08-22) 3 2022 Publication OR-OC |
Payment voucher instructions Estimated tax payment instructions Use Form OR-OC-V for all composite return estimated tax The PTE is required to make estimated tax payments in the payments. You don’t need to use a separate voucher for each PTE’s name on behalf of all owners who elect to join in the type of tax payment. If submitting a payment with Form composite filing. OR-OC, don’t include the voucher with the form. Payment voucher: Use Form OR-OC-V and follow Form OR- OC-V Instructions. Calculate the amount of tax required to Schedule OR-OC-1 —Individual and be paid as follows: fiduciary owners For individual electing owners: Multiply the electing owner’s share of Oregon-source distributive income by the Use Schedule OR-OC-1 for individuals, estates, and trusts tax rate for the electing owner’s filing status. See the 2023 only. Combine all individuals, estates, and trusts on one estimated tax rate charts in Publication OR-ESTIMATE. Schedule OR-OC-1. Don’t submit a separate Schedule For C corporation electing owners: Multiply the electing OR-OC-1 for each owner type. owner’s share of Oregon-source distributive income by the Lines 1 through 4. Complete one line for each electing corporate tax rates, or use the corporate minimum tax rates. individual, estate, or trust owner. Even if two owners file For estate and trust electing owners: Estimated tax pay- jointly, list them separately on Schedule OR-OC-1. If more ments aren’t required. If you choose to make payments, than four lines are needed, use additional copies of Schedule multiply the electing owner’s share of Oregon-source dis- OR-OC-1. If you use more than one Schedule OR-OC-1, total tributive income by the tax rate for single or married filing all pages on the first page (line 5) and carry that amount to separately. See the 2023 estimated tax rate charts in Publica- Form OR-OC. Include Schedule OR-OC-1 with Form OR-OC. tion OR-ESTIMATE. See “Estates or trusts” instructions to include the owner of a grantor trust with other individuals. Due dates for estimated tax payments Owner information. For each owner, enter the owner type The due dates for estimated tax payments are the due dates (individual, estate, or trust), the individual owner’s or fidu- required for the majority of the electing owners. ciary’s name, Social Security number (SSN) or FEIN, filing status (if applicable), ownership percentage, share of federal If the majority of electing owners use a: income, and share of Oregon-source distributive income. • Calendar tax year, the due dates for the 2023 estimated tax The filing status must match their federal return. Use “J” payments are April 18, 2023; June 15, 2023; September 15, for married filing jointly or qualifying surviving spouse; 2023; and January 16, 2024 (or December 15, 2023, for cor- “S” for single filers; “H” for head of household; or “M” for porate calendar year filers). married filing separately. • Fiscal tax year, the estimated tax due dates are the 15th Column (a). Oregon income tax. Use the 2022 tax rate day of the fourth, sixth, ninth, and thirteenth (or twelfth charts on page 3 to calculate Oregon income tax based on month for corporate filers) month following the beginning filing status. of the fiscal year. Note: It’s rare for the majority of electing owners to have the same fiscal tax year. Column (b).PTE-E tax credit. If the PTE elected not to pay PTE-E tax, enter zero. If the PTE elected and paid the PTE-E Estimated payment due dates don’t apply and aren’t tax, enter each owner’s distributive share of the credit from required for estates and trusts. Tax is due on the due date Schedule OR-21-K-1, line 3 in column (b). of the return, not including extensions. Column (d). Enter the estimated payments submitted on behalf of each owner. Tiered entities Column (e). Calculate interest on underpayment of esti- A PTE that owns an interest in another PTE (upper-tier mated taxes. Interest on the underpayment of estimated entity) isn’t allowed to join in the composite filing. Don’t tax is due when an individual electing owner has a net tax send tax payments for an owner who is another PTE. If the liability in excess of $1,000 after estimated tax payments and owner is another PTE, they must file their own return and the PTE-E tax credit. Calculate the interest for each owner make their own payments. separately using Form OR-10 Instructions. Example 2: The owners of Partnership A are one LLC, one S corporation, three individuals, and two C corporations. Estates or trusts Only the three individuals and two C corporations can join the composite return. Partnership A doesn’t make estimated Refer to the basic instructions for Schedule OR-OC-1. In tax payments on behalf of the upper-tiered entities, (the LLC column (a), use the single or married filing separately tax and the S corporation). Each of these upper-tiered PTEs will rate from the 2022 tax rate charts. Don’t complete column file their own composite return for their owners, who can (f), interest on underpayment of estimated tax—this doesn’t elect to join in a composite filing. apply to estates or trusts. 150-101-155 (Rev. 09-08-22) 4 2022 Publication OR-OC |
Grantor trusts may join in a composite filing. Use the due when a corporate electing owner has a tax liability of grantor’s name and SSN on the Schedule OR-OC-1 as long more than $500 after estimated tax payments. Calculate the as the grantor is still living. Once the grantor trust becomes interest for each owner separately using Form OR-37. an irrevocable trust, use the trust’s name and federal tax identification number. Form OR-OC Simple or complex trusts may join in the composite filing using the appropriate federal tax identification number on PTEs must file Form OR-OC on behalf of electing nonresi- the Schedule OR-OC-1. dent owners. As the designated agent, the PTE is liable for any tax, penalty, and interest due, including interest on underpayment of estimated tax. Schedule OR-OC-2— C corporation Important: owners • Complete Schedules OR-OC-1 and OR-OC-2 prior to completing Form OR-OC. Schedules OR-OC-1 and Use Schedule OR-OC-2 for C corporation owners only. OR-OC-2 must be filed with the composite return. Lines 1 through 5. Complete one line for each electing • If you are impacted by CPAR adjustments, see “Instruc- corporate owner. If more than five lines are needed, use tions for reporting federal CPAR adjustments.” additional copies of Schedule OR-OC-2. If you use more than Complete all applicable fields in the header. one Schedule OR-OC-2, total all pages on the first page (line 6) and carry that amount to Form OR-OC. Include Schedule Tax year end date for the majority of owners on composite OR-OC-2 with Form OR-OC. return. The tax year end date for the composite return is the same as the tax year end date for the majority of owner’s Owner information. For each corporate owner, enter the federal and Oregon tax returns. If the majority of owners corporation name, FEIN, tax type, ownership percent- file using a calendar tax year, then the tax year end date is age, share of federal income, and share of Oregon-source December 31, 2022. Don’t use the end date for the PTE. distributive income. For tax type, enter the tax which the corporate owner is subject to: “E” for corporate excise tax or Preparer information. If the form was completed by a paid preparer, provide all paid preparer information in the sig- “I” for corporate income tax. nature block, including the paid preparer address, phone Column (a). Multiply the first $1 million of Oregon-source number, and license number. If the form was completed by distributive income for each corporate owner by 6.6 percent someone other than a paid preparer, provide the name and and multiply the amount over $1 million by 7.6 percent. If phone number of the preparer in the header and leave the you entered an “E” as the tax type, compare the result with paid preparer fields in the signature block blank. the corporation’s minimum tax from the chart below. Enter Line 1 —Composite tax. Enter the tax from Schedules the larger of those two amounts as the tax for that owner. OR-OC-1 and OR-OC-2. Corporate minimum tax chart Line 2—CPAR tax. Enter 0 unless you are filing to report If the owner’s share of Oregon sales are . . . CPAR adjustments. See “Instructions for reporting federal at least: but less than: the minimum tax is: CPAR adjustments.” --------- $500,000 $150 Line 4—PTE-E tax credit. Enter the tax from Schedule $500,000 $1 million $500 OR-OC-1, line 5(b). $1 million $2 million $1,000 Line 6—Payments. Report the total of all tax payments. Include all payments you made up to the date you filed $2 million $3 million $1,500 your original or amended return. $3 million $5 million $2,000 Line 10—Penalty and interest. Include a penalty payment $5 million $7 million $4,000 if you: $7 million $10 million $7,500 • Pay your tax due after the original due date (even if you $10 million $25 million $15,000 filed an extension); or $25 million $50 million $30,000 • File the composite return showing tax due after the due $50 million $75 million $50,000 date, including any extension. $75 million $100 million $75,000 The penalty is 5 percent of the unpaid balance of your tax $100 million --------- $100,000 as of the due date, not including extensions. If you file more than three months after the due date or extension due date, Column (b). Enter the estimated payments submitted on add an additional 20 percent penalty, for a total of 25 percent behalf of each corporate owner. of the unpaid tax. Column (c). Calculate interest on underpayment of esti- If you don’t pay the tax due by the due date, interest is due on mated taxes. Interest on underpayment of estimated tax is the unpaid tax. The annual interest rate is 6 percent for 2023. 150-101-155 (Rev. 09-08-22) 5 2022 Publication OR-OC |
Interest is figured daily (0.0164 percent per day) for periods and Schedule OR-ASC-NP. Enter all income (including of less than a year. Here’s how to figure daily interest: income reported on Form OR-OC) in the federal col- umn, line 17F, of Form OR-40-N. You will also report all Tax × 0.000164 × Number of days past the due date Oregon-source income (including Oregon-source income of the return reported on Form OR-OC) in the Oregon column, line 17S, If the tax isn’t paid within 60 days of the original billing of Form OR-40-N. Because the income reported on Form notice, the interest rate increases to 10 percent for 2023. OR-OC has already been taxed, you will subtract those amounts on Schedule OR-ASC-NP, Section C. Identify the Line 11—Interest on underpayment of estimated tax. Enter subtraction using code 341. the amounts from Schedule OR-OC-1, line 5(e), and Schedule OR-OC-2, line 6(c). For more information on calculating the Note: Don’t claim the tax paid on your behalf on Form interest, see the Schedule OR-OC-1 and OR-OC-2 instruc- OR-OC as a payment on your Form OR-40-N. That payment tions above. was already used to pay the tax on the income reported on Form OR-OC. Line 17—Amount you owe. Payment of the amount due must accompany the Oregon composite return. Don’t use Corporate taxpayers must also file a corporate tax return if the voucher, Form OR-OC-V, if submitting payment with the you have other income to report. You may join multiple com- return. The PTE must pay the total amount due on behalf of posite returns. If the corporation has other Oregon income the nonresident owners. to report that hasn’t been reported on Form OR-OC, you’re also required to file your own corporate tax return. Amending the composite return You will subtract the “Share of Oregon-source distributive income” reported on Form OR-OC-2 on Schedule OR-ASC- The PTE may file an amended return to adjust any item CORP, Section B, using subtraction code 341. reported on the original composite filing or to carry back Oregon net operating losses. File Form OR-OC for the year that is being adjusted or the year to which the loss is being Form OR-OC-TR—requesting carried and check the “Amended return” box in the header. transfer of payment instructions File a schedule with the amended return that reconciles prior payments and refunds to the corrected tax. An owner can’t revoke the election to join a composite fil- Net operating loss (NOL) carryback for individual income ing after the due date of the composite return, including tax purposes only. If you are amending to claim an NOL, extensions. If an owner chooses to not be included in the mark the “Amended return” box and enter the tax year composite filing, and payments were submitted by the PTE the NOL was generated from. Include a schedule to the on behalf of the owner, the PTE may only submit a request amended return naming the owners and showing the year for transfer of payment to the owner’s account using Form and calculation of the NOL. You are allowed the same OR-OC-TR on or before the due date of the composite return, NOL carryback period that is allowed for federal purposes. including extensions. Note: For corporate excise and income tax purposes, NOLs may only be carried forward. PTE instructions When you file the amended return, you must submit the The PTE must file a transfer request, Form OR-OC-TR, so that payment along with the return. Don’t submit the voucher, payments made on behalf of an owner can be transferred Form OR-OC-V, if sending the payment with the return. Pay from the PTE’s account to the owner’s account. The request the total amount due for all owner types. must be submitted before the composite return is filed. If the transfer request is submitted after Form OR-OC has been Any refund will be paid to the PTE regardless of any own- must amend Form filed but before the return is due, the PTE ership changes or changes in the identity of the owners OR-OC on or before the due date, including extensions, to participating in the composite filing. remove the owner from the composite return. Use Form OR-OC-TR to show the portion of each payment that is trans- ferred to the owner and the portion that stays on the PTE Electing owners who have other account. Enter the date and amount of each payment made Oregon-source income during the tax year. Up to four payments can be reported on Form OR-OC-TR. Each line is for one taxpayer; enter Electing owners who have additional income from Oregon spouses separately. Use additional forms as needed to divide sources or who are doing business in Oregon may be a payment among owners and the PTE. Use whole dollars. required to file their own tax return in addition to participat- Note: Once the payments have been transferred to the ing in the composite return. owner, the payments can’t be transferred back to the PTE. Personal income taxpayers may join multiple composite Preparer information. If the form was completed by returns if they qualify. If you have other Oregon income someone other than a paid preparer, provide the name that hasn’t been reported on Form OR-OC, you’re required and phone number of the preparer in the header and leave to file your own return. Nonresidents use Form OR-40-N the paid preparer fields in the signature block blank. If the 150-101-155 (Rev. 09-08-22) 6 2022 Publication OR-OC |
form was completed by a paid preparer, provide all paid submitted two payments of $1,500 each; Karen’s estimated preparer information in the signature block, including the tax was $250 from each payment. The S corporation won’t paid preparer address, phone number, and license number. include Karen’s share in future estimated payments for the composite return. They will immediately submit Form Enter the total for each column on the first form. The totals in OR-OC-TR. The two $1,500 estimated payments will be in columns (a), (b), (c), and (d) must match the payments listed payment 1 and payment 2 of the payment section on page 1 on the first page. If the amounts don’t match the correspond- of Form OR-OC-TR. The first line on page 2 will have $1,250 ing payments, the form won’t be processed. The owners won’t for both payment 1 and payment 2, which will remain on receive credit for payments made until the PTE has submitted the PTE account. On line 1, the S corporation will provide a correct Form OR-OC-TR. Karen’s information and report $250 in both columns (a) If you submitted a Form OR-OC-TR, check the “Form OR- and (b) with a total for owner of $500. When the composite OC-TR” box in the header of Form OR-OC. This will make return is submitted, the S corporation will check the “Form sure the transfer request is processed prior to the composite OR-OC-TR submitted” box in the header. return. Note: The S corporation will have to start withholding tax on Karen’s behalf as PTE owner payments unless she submits Owner instructions an affidavit, Form OR-19-AF. For more information about PTE owner payments and filing an affidavit, see Form OR- A separate return filed by an owner is treated as an original 19-AF Instructions. return. The tax liability shown on the return, if any, may be subject to penalty and interest, including interest on under- Example 4: On September 15, 2023, a partnership filed a payment of estimated tax. composite return on extension on behalf of six individual nonresident owners electing to participate in a 2022 compos- Example 3: In August 2022, Karen notifies her S corporation ite filing. In November 2023, one of the nonresident owners that she doesn’t want to join the composite return for tax requests to revoke the election for tax year 2022. Since the year 2022. Because she was part of the 2021 Form OR-OC, due date for the 2022 composite return has already passed, the S corporation has already sent in payments for her share the owner can’t revoke the election and any payment transfer of the estimated tax based on the prior year’s tax. They request will not be processed. Instructions for Reporting Federal CPAR Adjustments • “Federal partnership representative” is the partnership CPAR definitions representative appointed by the IRS or designated by the “Audited partnership” is a partnership-level audit by the partnership to act as its federal representative. IRS resulting in an adjustment and needs to report an • “Oregon partnership representative” is the federal part- increase in Oregon tax. nership representative, unless the partnership designated “CPAR” is a centralized partnership audit regime. another representative for Oregon only. “CPAR election” is the election made on Form OR-OC by an “Tiered partner” is a PTE owner of an audited partnership. Oregon partnership representative on behalf of an audited partnership to report and pay the CPAR tax at the partner- ship level [ORS 314.733(4)]. This election is not to be used for General information for CPAR administrative adjustment requests (IRC 6227). The election is irrevocable after the filing due date for submitting the reporting CPAR election. Use Form OR-OC, Schedule OR-OC-3, and Schedule “CPAR tax” is an amount paid in lieu of tax being reported OR-OC-4 to report the CPAR adjustments, whether or not to Oregon due to a CPAR adjustment to income and paid at the partnership makes the election to pay the CPAR tax. File the partnership level. Adjusted income is taxed at the highest a separate form with schedules for each audited tax year. marginal personal or corporate tax rate. If the partnership doesn’t make the CPAR election: “FPA” is a final partnership adjustment. • A tiered partner may make the election to pay CPAR tax “Notice of FPA” is the notice issued by the IRS reporting the CPAR adjustment and final date of the adjustment. on its share of the adjustments. “Partnership-level audit” is an examination by the IRS at • A composite return filed for the audited year must be the partnership level from which an adjustment arises. amended for the CPAR adjustments. “Partnership representative” is the person appointed as • All other direct and indirect partners must report the the sole authority to act on behalf of the partnership and be CPAR adjustments as an addition or subtraction on their responsible for actions required or permitted to take. own returns or file amended returns for the audited year. 150-101-155 (Rev. 09-08-22) 7 2022 Publication OR-OC |
For additional information, visit www.oregon.gov/dor and search for “Centralized Partnership Audit Regime.” Schedule OR-OC-3 —CPAR report for Filing due date. The due date for filing Form OR-OC to individuals , fiduciaries, and tiered report CPAR adjustments is 180 days after the date of the partners FPA. For tiered partners making the CPAR election, the due date for filing Form OR-OC is 90 days from the extended This schedule is only used by audited partnerships or due date of the audited partnership’s tax return for the year tiered partners to report CPAR adjustments. Use Schedule in which the FPA was issued. OR-OC-3 for every individual, estate, trust, and tiered part- ner for the audited year. Payment due date. The payment due date for an audited Lines 1 through 4. Complete one line for each individual, partnership making a CPAR election is 270 days from the estate, trust, or tiered partner. If more than four lines are date of the FPA. In the case of a tiered partner making a needed, use additional copies of Schedule OR-OC-3. If you CPAR election, the payment due date is the same as the use more than one Schedule OR-OC-3, total all pages on line filing due date, 90 days from the extended due date of the 5 of the first page and carry the amount to Form OR-OC. audited partnership’s return for the year in which the FPA was issued. Owner information. For each owner, enter the owner type (individual, estate, trust, or tiered partner), the individual Example 5: MP Partnership was audited by the IRS for tax owner’s or fiduciary’s name, SSN or FEIN, ownership per- year 2022. The FPA is dated May 31, 2026. MP Partnership centage, share of federal CPAR adjustments, and share of makes the CPAR election; therefore, Form OR-OC, Schedule Oregon-source CPAR adjustments. OR-OC-3, and Schedule OR-OC-4 reporting their CPAR tax Keep your calculations for each partner’s share of Oregon- for tax year 2022 must be filed by November 27, 2026 (180 source CPAR adjustments with your tax records. days after the date of the FPA). The tax must be paid by Feb- Column (a) CPAR tax. If making the election to pay CPAR ruary 25, 2027 (270 days after the date of the FPA). tax multiply the partner’s share of Oregon source CPAR Example 6: Assume the same facts as in Example 5, except adjustments by 9.9 percent. MP Partnership didn’t make the CPAR election. The tiered partners of MP Partnership may choose to make the elec- Schedule OR-OC-4 —CPAR report for tion themselves. RC Partnership is a tiered partner of MP Partnership. If RC Partnership makes the CPAR election, C corporation owners it must file Form OR-OC, Schedule OR-OC-3, and Sched- ule OR-OC-4 reporting their CPAR tax and pay the tax by Use Schedule OR-OC-4 for C corporation partners for the audited year. December 14, 2027 (90 days from the extended due date of MP Partnership’s 2026 return). Lines 1 through 5. Complete one line for each included corporate owner. If more than five lines are needed, use Amending to report changes in CPAR tax additional copies of Schedule OR-OC-4. If you use more than one Schedule OR-OC-4, total all pages on line 6 of the first If you have filed Form OR-OC to report CPAR tax, you may page and carry the amount to Form OR-OC. amend to change the CPAR tax because of changes made Owner information. For each corporate owner, enter the by the IRS. Changes can’t result in a refund that exceeds the corporation name, FEIN, ownership percentage, share of CPAR tax originally reported and paid. federal CPAR adjustments, and share of Oregon-source CPAR adjustments. Owner responsibilities when the CPAR election is Keep your calculations for each corporate partner’s share not made of Oregon-source CPAR adjustments with your tax records. If you’re an owner of a partnership that was subject to a part- Column (a). CPAR tax. If the partnership elects to pay the nership-level audit by the IRS (or you’re an owner of a tiered CPAR tax, multiply the corporate partner’s share of Oregon- partner of such a partnership), you may need to increase or source CPAR adjustments by 7.6 percent. decrease your Oregon income as a result of the audit. Report an increase in income using addition code 187 or report a CPAR instructions for Form OR-OC decrease in income using subtraction code 384, whichever is applicable. Use these codes, even if another code is assigned Complete Schedules OR-OC-3 and OR-OC-4 prior to com- for the specific type of increased or decreased income. Visit pleting Form OR-OC. These schedules must be filed with our website for more information. the form. 150-101-155 (Rev. 09-08-22) 8 2022 Publication OR-OC |
Enter the audited partnership or tiered partner’s informa- tion at the top of the form. Complete all applicable fields in CPAR payment instructions the header. Online payment. You may make payments anytime online Amended return. Check the box if you previously filed a at www.oregon.gov/dor. If you haven’t filed Form OR-OC for Form OR-OC to report CPAR adjustments for this year. this tax year, select the “Return” payment type; otherwise, CPAR report. Check the box to report CPAR adjustments. select “Amended return.” Don’t use a voucher with online payments. FPA Issue Date. Audited partnerships only, enter the date of the FPA. Payments mailed with a return. If you’re mailing a pay- ment with your tax return, send the payment and return in Audited Partnership tax year end date. Tiered partners the same envelope and don’t use a voucher. Write “CPAR only, enter the last day of the tax year, in which the FPA was tax” on the payment. Include a separate payment for each issued to the audited partnership tax year. If making the election to pay CPAR tax, complete lines 2, Payments mailed without a return. If you’re mailing a 6 through 10, and 12 through 14. Otherwise, leave lines 1 payment without a return, use the voucher, Form OR-OC-V. through 14 blank. Include a separate payment and voucher for each tax year. Lines 2a and b—CPAR Tax. Enter the amounts from Sched- Write “CPAR tax” on the payment. See Form OR-OC-V ule OR-OC-3, line 5a, and Schedule OR-OC-4, line 6a. Skip Instructions for more information. lines 3, 4, and 5. Line 6 —Payments. Report the total of all CPAR tax pay- Important addresses ments made to date. Mail Form OR-OC-V with payment (without Form OR-OC): Line 10 —Penalty and interest. If paying late, calculate pen- Oregon Department of Revenue alty and interest for the amounts reported on lines 2a and 2b. PO Box 14950 Combine these and enter on line 10. Skip line 11. Salem OR 97309–0950 Calculate a 5 percent penalty of the unpaid CPAR tax if: Mail returns with payment (don’t include voucher): • The audited partnership pays the tax more than 270 days Oregon Department of Revenue after the FPA issue date; or PO Box 14555 • A tiered partner pays the tax more than 90 days after Salem OR 97309–0940 the due date of the current year’s return, including any Mail returns without payment (refund or no tax due for extensions. all owners): If you file more than three months after the CPAR filing due Oregon Department of Revenue date, add an additional 20 percent penalty, for a total of 25 PO Box 14700 percent of the unpaid CPAR tax. Salem OR 97309–0930 If you don’t pay the CPAR tax by the payment due date, Mail payment transfer request, Form OR-OC-TR: interest is due on the unpaid tax from the due date of the Oregon Department of Revenue original return. The annual interest rate for 2023 is 6 percent. PO Box 14999 Interest is figured daily based upon a 365-day year (0.0164 Salem OR 97309–0990 percent per day) for periods of less than a year. Here’s how to figure daily interest: Do you have questions or need help? Tax × 0.000164 × Number of days past the due date of the return www.oregon.gov/dor 503-378-4988 or 800-356-4222 If the tax isn’t paid within 60 days of the original billing questions.dor@ dor.oregon.gov notice, the interest rate increases to 10 percent for 2023. Contact us for ADA accommodations or assistance in other Interest rates may change once a year. See Publication OR-17 languages. for more information about interest rate changes. 150-101-155 (Rev. 09-08-22) 9 2022 Publication OR-OC |