2022 Oregon Income Tax Form OR-40-N and Form OR-40-P Instructions Nonresident/Part-year Resident Check out our online services Revenue Online is a secure online portal that provides access to your tax account at any time. You can: • Check the status of your refund. • View and print letters from us. • Make payments or schedule future payments. • Securely communicate with us. • Update your information. • Check balances and view your account history. • File an appeal. Visit www.oregon.gov/dor and click on “Revenue Online” to sign up. • April 18, 2023 is the due date for filing your return and paying your tax due. • File electronically—it’s fast, easy, and secure. See “Electronic filing.” • Find out if you qualify for the earned income credit. See “Tax payments and refundable credits.” • Find out if you qualify for the working family household and dependent care credit. See Schedule OR-WFHDC Instructions for details. • Are you a veteran? Find out about veterans’ benefits at www.oregon.gov/odva. • These instructions aren’t a complete statement of laws or Oregon Department of Revenue rules. If you need more information, see Publication OR-17 or contact us. www.oregon.gov/dor 150-101-048-1 (Rev. 10-04-22) |
Contents Electronic filing ..................................................................3 Filing status ...................................................................11 Federal tax law ...................................................................3 Exemptions ....................................................................12 New information ................................................................4 Federal column instructions, lines 7F–29F ..................14 Important reminders .........................................................4 Oregon column instructions, lines 7S–29S ..................14 General information ..........................................................5 Adjustments ..................................................................16 Do I need to file an Oregon return? .............................5 Additions .......................................................................17 What does income from Oregon sources include? ....5 Subtractions ...................................................................17 Residency .........................................................................6 Oregon percentage .......................................................17 What form do I use? .......................................................6 Deductions and modifications ...................................18 Military personnel ..........................................................7 Oregon tax .....................................................................21 What if I need more time to file? ..................................7 Tax rate charts ..................................................................21 P enalities ..........................................................................7 Credits—nonrefundable ..............................................22 2023 estimated tax ..........................................................8 Tax payments and refundable credits .......................23 What if I need to change my Oregon return Penalties and interest ...................................................24 after filing? ....................................................................8 Amount due and payment options ............................25 General instructions for Forms OR-40-N Refund ............................................................................25 and OR-40-P ......................................................................10 Direct deposit ................................................................27 Check the boxes ............................................................10 Before you file ...............................................................27 Name and address ........................................................11 Avoid processing delays ..............................................28 Tax return mailing addresses .....................................28 Do you have questions or need help? Internet Phone www.oregon.gov/dor 503-378-4988 or 800-356-4222 • Download forms, instructions, and publications. • Access additional information not included in these Monday–Friday, 7:30 a.m.– 5 p.m. instructions. Closed Thursdays from 9–11 a.m. Closed holidays. Wait times may vary. Revenue Online Contact us for ADA accommodations or assistance in other www.oregon.gov/dor (click on Revenue Online) languages. • Securely communicate with us. • Check your refund status. • Make or schedule payments. In person • View your account history. Offices are located in Salem, Portland, Eugene, Bend, • Find out how much you owe. Gresham, and Medford. Find hours and directions to our • File an appeal. offices on our website. • View letters and your Form 1099-G, if applicable. Our main office is located at: Email or write 955 Center St NE Salem, OR 97301-2555 questions.dor@dor.oregon.gov preguntas.dor@dor.oregon.gov Taxpayer Advocacy Oregon Department of Revenue 955 Center St NE If you think you are not being treated fairly, or if you have a Salem OR 97301-2555 problem or complaint, please contact the Office of the Tax- • Include your name and daytime phone number. payer Advocate for assistance. • Include the last four digits of your SSN or ITIN. 503-945-8700 To request printed forms or publications: TTY: We accept all relay calls. Forms Oregon Department of Revenue taxpayer.advocate@DOR.oregon.gov PO Box 14999 Salem OR 97309-0990 Photo on cover: Sunset at the Oregon coast 150-101-048-1 (Rev. 10-04-22) 2 2022 OR-40-N and Form OR-40-P Instructions |
Electronic filing E-filing is the fastest way to file your return and receive 1. Ask your tax preparer. your refund. The speed and accuracy of computers If your tax preparer is an authorized IRS e-file pro- allow electronic returns to be received and processed vider, your preparer can electronically file your fed- faster than paper returns, greatly reducing errors and eral and Oregon returns. Many Tax-Aide and Tax delays. E-filing uses secure technology to ensure the Counseling for the Elderly (TCE) sites set up by the safety of your personal information when it’s sent to IRS are authorized IRS e-file providers. the IRS and the Department of Revenue. 2. Use online tax preparation software. Oregon participates in the IRS Federal/State E-file pro- You can file your federal and state returns from gram. This program allows you to electronically file your home, work, or library computer using Oregon- both your federal and Oregon returns at the same time. approved online tax preparation products. Go to our If you’ve already filed your federal return, you can still website at www.oregon.gov/dor/e-filing for a list of electronically file your Oregon return. tax preparation products to use in preparing your federal and Oregon returns. If you haven’t tried e-file yet, why not this year? Join more than 1.8 million other Oregon taxpayers who You may be eligible for free e-file. Several tax electronically file their Oregon returns. preparation software providers offer free online electronic tax filing. For free online tax preparation You can take advantage of e-file in one of two ways: programs, go to www.oregon.gov/dor/e-filing. Federal tax law No extension to pay. Oregon doesn’t allow an exten- Section 139A , the tax exemption for federal subsidies sion of time to pay your tax, even if the IRS allows an for employer prescription drug plans. If you have this extension. Your 2022 Oregon tax is due April 18, 2023. type of business income, you’ll have an addition on your Oregon return. Federal law connection. Oregon has a rolling tie to changes made to the definition of federal taxable Oregon is disconnected from IRC Section 529 tax income, with the exceptions noted below. For all other exemption for earnings on college savings plan funds purposes, Oregon is tied to federal income tax laws as used for K-12 tuition. Oregon College and MFS 529 Sav- amended and in effect on December 31, 2021. ings Plans may be used for higher education expenses only. If you based a previous subtraction or credit on Oregon exceptions to federal law. Oregon is discon- contributions that are withdrawn and used for K-12 nected from the business income deduction allowed tuition, you’ll have an addition or credit recapture on by Section 199A of the Internal Revenue Code (IRC). your Oregon return. Due to the way Oregon’s returns are designed, no addi- tion is required. Oregon is also disconnected from IRC 150-101-048-1 (Rev. 10-04-22) 3 2022 OR-40-N and Form OR-40-P Instructions |
New information Pass-through Entity Elective (PTE-E) tax Oregon earned income credit for ITIN filers. If you can’t claim the federal earned income credit (EITC) or you • PTE-E tax deducted on entity-level federal return can only claim a portion of the federal EITC because addition. If you were a member of a PTE who elected you, your spouse, or your child(ren) do not have a to pay Oregon’s PTE-E tax and the PTE claimed a Social Security number (SSN) that is valid for work or deduction for PTE-E tax on their federal return, you are using an individual taxpayer identification num- must report an addition on Schedule OR-ASC or OR- ber (ITIN), you may qualify for the Oregon earned ASC-NP. See Form OR-21 Instructions or Publication income credit for ITIN filers. See Schedule OR-EIC- OR-17 for additional information. ITIN Instructions or Publication OR-17 for additional information. • PTE-E tax credit. If you were a member of a PTE who elected to pay Oregon’s PTE-E tax, you may be enti- Working family household and dependent care credit tled to a refundable credit. You will claim this credit (WFHDC) for students. The WFHDC credit is a refund- on Schedule OR-ASC or OR-ASC-NP. See Form OR-21 able credit available to low and middle-income work- instructions or Publication OR-17 for additional ing families with qualifying expenses for household information. services or dependent care. If you (or your spouse, if married filing jointly) were a student during the tax Federal tax liability subtraction. The 2022 federal tax year, you may be eligible to claim the WFHDC credit. subtraction limit is $7,250 ($3,625 for married filing Use Schedule OR-WFHDC-ST in addition to Schedule separately). It may be limited further based on your OR-WFHDC to figure your WFHDC credit. Begin by adjusted gross income (AGI). See instructions for reading the instructions for Schedule OR-WFHDC to line 40. see if you qualify. Important reminders Revenue Online. Revenue Online provides convenient, Schedule OR-ASC-NP. If you’re claiming an adjustment, secure access to tools for managing your Oregon tax addition, subtraction, modification, credit, or tax recap- account. To set up your Revenue Online account, go to ture using a code listed in Publication OR-CODES, you www.oregon.gov/dor and click on “Revenue Online.” must include Schedule OR-ASC-NP. Without this infor- mation, we may disallow or adjust your claim. Sched- Federal return. You must include a copy of your fed- ule OR-ASC-NP and Publication OR-CODES are avail- eral Form 1040 or 1040-SR with Schedules 1 through able at www.oregon.gov/dor/forms or you can contact 3 (if applicable), 1040-X, or 1040-NR with your Oregon us to order them. return. Without this information, we may disallow or Publication OR-17. See Publication OR-17 for more adjust items claimed on your Oregon return. information about filing and personal income tax laws. Reminder: If you received unemployment benefits It is available at www.oregon.gov/dor/forms. during the year, any benefits that aren’t excluded are Data security breaches. Tax professionals suffering taxable income. If you owe tax on your 2022 benefits, a data breach associated with tax return preparation consider having tax withheld from any future benefit must report the breach promptly to us. See our website payments to avoid owing tax for 2023. for additional information. 150-101-048-1 (Rev. 10-04-22) 4 2022 OR-40-N and Form OR-40-P Instructions |
General information Do I need to file an Oregon return? How long will it take to get my refund? You need to file an Oregon income tax return if your Return processing times vary due to many factors, Oregon-source income and income received while an including the complexity of your return. Oregon resident is more than your standard deduction. Electronically filed returns are generally received and If your Oregon income is less than your standard deduc- processed faster. tion, you’re not required to file a return for Oregon. Paper returns must have all required Oregon sched- However, you must file an Oregon return if you had ules, proof of tax withheld, and a copy of your federal $1 or more of Oregon income tax withheld from your return included to ensure smooth processing. If you wages and you want to claim a refund. don’t have a federal filing requirement, create a substi- tute return and check the “calculated using ‘as-if’ fed- Full-year residents. Oregon taxes your income from all eral return” box on your return. sources. Returns mailed closer to April 18, when we receive the Part-year residents. Oregon taxes your income from all most returns, can take longer to process. sources earned or received while you were an Oregon resident. Oregon also taxes your income from Oregon Also, returns that require additional review can take more time to process. Typical reasons for additional sources while you were a nonresident. review include: incomplete documentation, iden- Nonresidents. Oregon taxes only your income from tity verification needed, claiming the working fam- Oregon sources. ily household and dependent care credit, proof of tax withheld needed, etc. Nonresident trusts. If you file federal Form 1040-NR for a trust, you must file Oregon’s Form OR-41, Oregon To check the status of your refund, click on “Where’s Fiduciary Income Tax return. Don’t file an Oregon Form my refund?” at www.oregon.gov/dor/personal. OR-40-N. What does income from Oregon Filing thresholds sources include? Table 1. Filing thresholds Oregon income includes income shown on your federal return for services performed in Oregon. You must file an Oregon income tax return if: And your If you have wages from an Oregon employer and Oregon gross you performed services for your employer in Oregon income is and another state while you were a nonresident, and Your filing status is— more than— your Oregon wages aren’t stated separately on your Form W-2, compute your Oregon-source income using Can be claimed on another’s return $1,150* the formula for line 7S. Single $2,420 Married filing jointly $4,840 Other Oregon sources of income (and losses) include: Married filing separately • Businesses, partnerships, limited liability companies • If spouse claims standard deduction $2,420 taxed as partnerships, and S corporations located or • If spouse itemizes deductions 0 doing business in Oregon or providing services to Head of household $3,895 Oregonians. Qualifying surviving spouse $4,840 • Unemployment insurance benefits received because of an Oregon job. *The larger of $1,150, or your earned income plus $400, • Severance pay received because of an Oregon job. up to the standard deduction amount for your filing status. • Farms located in Oregon. 150-101-048-1 (Rev. 10-04-22) 5 2022 OR-40-N and Form OR-40-P Instructions |
• Estates and trusts in Oregon or that have Oregon property or businesses. Residency • Oregon State Lottery. Am I a resident, a nonresident, or a part-year resident? • Sale of Oregon property. • You’re a full-year Oregon resident, even if you live • Rents and royalties for use of Oregon property. outside Oregon, if all of the following are true: • Community property. If you’re a resident of Oregon — You think of Oregon as your permanent home. and your spouse is a resident of a state with com- — Oregon is the center of your financial, social, and munity property laws, you may be taxed on part of family life. your spouse’s income. Community property laws in — Oregon is the place you intend to return. the state where your spouse lives determine if you’re • You’re still a full-year resident if: taxed on any of your spouse’s income. • Global intangible low-taxed income (GILTI) if you — You temporarily moved out of Oregon or — You moved back to Oregon after a temporary were an Oregon resident on the date you received it absence. (actual or deemed), or if it’s from property employed in a business, trade, profession, or occupation carried You may also be considered a full-year resident if you on in Oregon while a nonresident. spent more than 200 days in Oregon during 2022 or you’re a nonresident alien, as defined by federal law. Income not considered from Oregon sources includes: • You’re a nonresident if your permanent home was • Interest and dividends. However, you must include outside Oregon all year. them in Oregon income if they were: • You’re a part-year resident if you moved into or out —From an Oregon business you own. of Oregon during 2022. You’re not considered a part- —Received during the part of the year you were a year resident if: resident. —Passed through from an S corporation or partner- — You temporarily moved out of Oregon, or — You moved back to Oregon after a temporary ship doing business in Oregon. absence. • Oregon retirement income received while you were a nonresident unless you were domiciled in Oregon. Special-case Oregon residents. If you’re an Oregon See “Retirement income” in Publication OR-17. resident and you meet all of the following conditions, • Interstate transportation wages from an interstate you’re considered a nonresident for tax purposes: railroad company, interstate motor carrier, air carrier, • You maintained a permanent home outside Oregon or interstate motor private carrier. You must be a non- for the entire year. resident and have regularly assigned duties in more • You didn’t keep a home in Oregon during any part of than one state. See “Interstate transportation wages” the year. in Publication OR-17. • You spent less than 31 days in Oregon during the year. • Waterway, air carrier, or hydroelectric dam compen- sation, if you’re a nonresident: Important. A recreational vehicle (RV) isn’t considered a permanent home outside of Oregon. — Working as crew or pilot on a vessel in navigable waters between Oregon and another state. Oregon residents living abroad. You’re considered a — Working as crew or pilot on an aircraft in Oregon nonresident if you’re a qualified individual for pur- and at least one other state. poses of the federal foreign earned income or housing — Working on a dam that spans a river between Ore- exclusion for U.S. residents living abroad. gon and another state. Note: See the “Income” section in Publication OR-17 What form do I use? for more details regarding waterway, air carrier, and Use Form OR-40-P if any ONE of the following is true: dam workers’ compensation. • You’re a part-year resident. • Military pay of a nonresident. • You’re filing jointly and one of you is a full-year Ore- • Winnings of a nonresident from tribal gaming cen- gon resident and the other is a part-year resident. ters in Oregon. • You’re filing jointly and both of you are part-year • Wages earned by a nonresident military spouse who Oregon residents. is in Oregon only to be with the service member who • You qualified as an Oregon resident living abroad for is stationed here. part of the year. 150-101-048-1 (Rev. 10-04-22) 6 2022 OR-40-N and Form OR-40-P Instructions |
Use Form OR-40-N if any ONE of the following is true: to file. See “Do I need to file?”. Check the “Deceased” • You’re a nonresident. box next to the person’s name on the return. If you have • You’re a special-case Oregon resident. been appointed personal representative or you have • You’re filing jointly and one, or both, of you is a filed a small estate affidavit, sign the return as ”per- nonresident. sonal representative.” A surviving spouse must sign if • You meet the military personnel nonresident it’s a joint return. If there’s no personal representative, requirements. only the surviving spouse needs to sign a joint return. • You qualified as an Oregon resident living abroad for Note: Oregon has an estate transfer tax on estates val- the entire year. ued at $1 million or more. The tax is paid by the estate Use Form OR-40 if any ONE of the following is true: using Form OR-706, not by the individuals receiving • You’re a full-year resident not filing a joint return; or the inheritance. For more information, see the instruc- • You and your spouse are both full-year residents fil- tions for Form OR-706. ing jointly. Form OR-40 is available at www.oregon.gov/dor/forms When should I file my return? or you can contact us to order it. The filing deadline for calendar year 2022 is April 18, 2023. If you can’t pay your tax by the due date, Military personnel it’s important to file your return anyway to avoid a late- filing penalty. Nonresidents stationed in Oregon. Oregon doesn’t tax your military pay while you’re stationed in Oregon. File Returns for fiscal filers are due by the 15th day of the Form OR-40-N if you had other income from Oregon fourth month after the close of their tax year. sources, or to claim a refund of Oregon tax withheld from your military pay. What if I need more time to file? Military spouses. Federal law does not allow Oregon If you requested a federal extension to file, Oregon will to tax your wages if you’re a nonresident and you’re in Oregon only to be with your spouse who is stationed allow the same extension. Don’t include a copy of your in Oregon. If you are domiciled in Oregon and you federal extension with your Oregon return; keep it with file a joint return with your spouse who is a resident your records. If you need an extension of time to file of another state, federal law allows you to choose to be only your Oregon return, see Publication OR-40-EXT. treated for tax purposes as a resident of your spouse’s An extension doesn’t mean more time to pay. state. File Form OR-40-N if you had other income from To avoid interest charges, you must pay all of the Oregon sources or are claiming a refund of Oregon tax tax you expect to owe by April 18, 2023. If you can’t withheld. pay all of the tax you expect to owe, pay what you Residents (or Oregon-domiciled service members) sta- can. You’ll owe interest on any unpaid tax starting tioned outside of Oregon. If you meet the requirements April 19, 2023, until the date of your payment. You may for special-case Oregon residents or Oregon residents also be charged a penalty for failing to pay your tax on living abroad, file Form OR-40-N. File Form OR-40 if time. See “Penalties” and the instructions for Form OR- you don’t meet those requirements. 40-N, line 67 or Form OR-40-P, line 66. Residents (or Oregon-domiciled service members) sta- Don’t forget to check the “Extension filed” box on tioned in Oregon. Your pay is subject to tax, although your return when you file. the pay could qualify for certain subtractions. For more information on subtractions available to military per- Penalties sonnel, see Publication OR-17. Military personnel on active service in Oregon are If you don’t pay all of your tax by April 18, 2023, you treated as nonresidents for tax purposes if their address may be charged a 5 percent penalty on the unpaid in the payroll records of the Defense Finance and amount, even if you requested an extension to file your Accounting System (DFAS) is outside Oregon, regard- return. Oregon doesn’t allow an extension of time to less of where they are domiciled (ORS 316.027). pay tax, even if the IRS does. You’ll be charged a 20 percent penalty for failure to file your return if you file it more than three months Filing for a deceased person after the due date, including extensions. If both pen- A personal income tax return must be filed for a per- alties apply, the total penalty will be 25 percent of the son who died if the person would have been required unpaid tax. 150-101-048-1 (Rev. 10-04-22) 7 2022 OR-40-N and Form OR-40-P Instructions |
Note: If you fail to file returns for three consecutive years by the due date for the third year’s return, includ- Interest on underpayment of ing extensions, you’ll be charged a penalty of 100 per- estimated tax cent of each year’s unpaid tax. You may owe interest for underpaying your estimated For more information about these and other penalties, tax if: see the instructions for Form OR-40-N, line 67 or Form OR-40-P, line 66, and “Interest and Penalties” in Publi- • The tax on your return after credits and withholding cation OR-17. is $1,000 or more; or • You underpaid one or more of your required esti- mated tax installments. 2023 estimated tax See the instructions for Form OR-40-N, line 68, or Form Estimated tax is the amount of tax (after credits and OR-40-P, line 67, and Form OR-10 Instructions for more Oregon tax withheld) you expect will be shown on information. your return when you file. Oregon estimated tax laws are not the same as fed- What if I’m self-employed? eral estimated tax laws. For more information on how to calculate your estimated payments for Oregon, see If you’re self-employed and do business in Mult- Publication OR-ESTIMATE. Vouchers for estimated nomah, Clackamas, or Washington counties, you payments are available at www.oregon.gov/dor/forms. may need to file Form OR-TM. If you’re self-employed and do business in Lane County, you may need Do I need to make estimated payments? to file Form OR-LTD. Go to our website to down- In most cases, if you expect your return to show that load the forms, contact us to order either form, or you will owe $1,000 or more in tax after credits and file them electronically through Revenue Online at withholding you must make estimated payments. You www.oregon.gov/dor. may need to make estimated payments if: • You’re self-employed and don’t have Oregon tax What if I need to change my Oregon withheld from your income. return after filing? • You have Oregon Lottery single-ticket winnings of less than $1,500. It depends on what you need to change. Follow these • Oregon tax isn’t withheld from other types of income instructions for amending (changing) your return if: (such as pensions, interest, or dividends) and you • You discover that your income, deductions, or other expect to owe tax of $1,000 or more. item(s) were wrong. • You’re a wage earner and expect to owe tax of $1,000 • You used a form that didn’t match your residency or more on your 2023 return. You may want to status. increase the amount your employer withholds from • Your filing status wasn’t correct. your Oregon wages. For withholding information, go • The IRS or another state adjusted or audited your to www.oregon.gov/dor/personal. return and it affects your Oregon tax. See Publication OR-ESTIMATE for more information, • You have a net operating loss (NOL) carryback. including: • Changes in federal or state income tax laws affect a return you’ve already filed. • Detailed instructions for calculating installment payments. Don’t amend your Oregon return if: • Tax rate charts for 2023. • We made changes to your return and you object to • Installment periods and due dates. those changes. You must follow the appeal process in • Helpful worksheets and examples. the notice we sent you. • Payment instructions. • You’re filing a protective claim for a refund. Use Download Publication OR-ESTIMATE from our web- Form OR-PCR, which is available on our website or site or you can contact us to order it. you can contact us to order it. There’s a time limit for filing an amended return. See the instructions for Form OR-40-N, lines 71 to 74 or Form OR-40-P, lines 70 to 73. For more information, see “Amended returns” in Publication OR-17. 150-101-048-1 (Rev. 10-04-22) 8 2022 OR-40-N and Form OR-40-P Instructions |
Amended worksheet How do I amend my 2022 return? Use this worksheet to figure your amended refund or General instructions tax to pay. Keep the completed worksheet with your records. Note: If we adjusted any of the amounts on • Complete the return as it should’ve been filed, includ- your original 2022 return, use the adjusted amounts. ing adjustments we made. • Check the “Amended return” box on the first page. 1. Amended tax after standard, 1. • In the “Amended statement” space, provide the carryforward credits, and tax return line number and reason for each change. recaptures (amended Form OR- • Use the Amended worksheet to figure your amended 40-N, line 56; Form OR-40-P, tax due or refund. line 55). • If you’re amending your federal return or a return 2. Amended total payments and 2. you filed with another state, include a copy of those refundable credits (amended amended returns with your amended Oregon return. Form OR-40-N, line 64; Form OR- If you’re only amending your Oregon return, include 40-P, line 63). a copy of your original federal return. Don’t include a copy of your original Oregon return. 3. Line 1 minus line 2. If less than 0, 3. use a minus sign. Residency. Use the form that matches your residency status for the year you’re amending, even if your origi- 4. Refund you already had for 2022 4. nal return was filed on a different form. (original Form OR-40-N, line 71; Form OR-40-P, line 70; Form Adjustment made by the IRS or another state. Include OR-40, line 46). If you didn’t have a copy of the corrected federal or other state return or a refund, enter 0. audit report. 5. Amended tax to pay or refund. 5. Electronically file your amended return. You can now Line 3 plus line 4. If less than 0, electronically file your Oregon amended return, if your you have a refund; go to line 6. chosen software supports filing a federal amended If 0 or more, you owe tax; skip to return. You will need to contact your software provider line 8. to find out if they support filing a federal amended return. 6. Refund applications that 6. NOL carryback. Enter the loss year in the NOL tax year weren’t on your original return box on the first page of the return. If you’re carrying (amended Form OR-40-N, lines back an NOL from more than one year, file a separate 72 through 74; Form OR-40-P, amended return for each NOL year. In the “Amended lines 71 through 73), up to the statement” space, tell us the section number of the refund amount on line 5. Don’t Internal Revenue Code that allows you to carry back the use a minus sign. NOL(s) to the 2022 tax year. See “Net operating losses Example: If line 5 is –$500, you for Oregon” in Publication OR-17 for more information. may apply up to $500 on your amended Form OR-40-N, lines What if I need to change a return I filed for an earlier 72 through 74, or Form OR-40-P, year? lines 71 through 73. Refer to the instructions for the tax year you need to 7. Net amended refund. Line 5 plus 7. amend. Visit our website or contact us if you need the line 6. This can’t be more than 0. form and instructions for a different year. 8. Penalty and interest on amended 8. How long will it take to process my amended return? tax to pay (amended Form OR- 40-N, line 67; Form OR-40-P, It may take six months or longer to process your line 66). amended return. 9. Total amount to pay with your 9. amended return. Line 5 plus line 8. 150-101-048-1 (Rev. 10-04-22) 9 2022 OR-40-N and Form OR-40-P Instructions |
General instructions for Forms OR-40-N & OR-40-P Step 1: Complete your federal return Check the boxes Your Oregon tax is determined using the ratio of your Oregon-source income to your entire federal income. Amended return Complete your federal return first. Do this even if you aren’t required to file a federal return. You must If you’re amending your 2022 return, check this box. use the information from your federal return to com- See “What if I need to change my return after filing?” plete your Oregon return. You must include a copy in the “General information” section for instructions. (front and back) of your federal Form 1040 or 1040-SR with Schedules 1 through 3 (if applicable), or 1040-NR Calculated using “as if” federal return with your Oregon return. If you’re amending your Oregon return and your federal return, include a copy Check this box if: of Form 1040-X and an amended Form 1040 or 1040-SR • You’re filing as an Oregon RDP. with Schedules 1 through 3 (if applicable). • Your filing status is “married filing separately for If you don’t provide a copy of your federal return, we Oregon only” because you and your spouse don’t may adjust or deny your Oregon subtractions, deduc- have the same residency status. tions, and credits. Include federal Schedules 1 through • You didn’t file a federal return. 3 (if applicable); don’t include any other federal sched- ules. We may ask you for copies of other schedules or Short-year tax election additional information later. If you’re filing a short-year return due to a bankruptcy, Oregon same-sex registered domestic partners check this box and write the ending date in the “Fiscal (RDPs): To correctly determine your Oregon tax liabil- ity, you must complete a federal income tax return as year ending” box. if you were filing as married filing jointly or married filing separately. Check the “Calculated using ‘as if’ Extension filed federal return” box on your Oregon return. Check this box if you requested an extension to file For more information on how to file as an RDP, go to your return. See “What if I need more time to file?” www.oregon.gov/dor and search for “RDP.” in the “General information” section and Publication OR-40-EXT for more information. Step 2: Select the appropriate Oregon return Form OR-24 To decide which form to use, see “What form do I use?” in the “General information” section. Check this box if you’re deferring gain on like-kind property that was exchanged or converted. You’ll Step 3: Fill out the Oregon return report the gain to Oregon when it’s reported on your Use blue or black ink only for easier reading and faster federal return (federal Form 8824). You must include processing. The equipment used to scan documents Form OR-24 with your Oregon return or provide it and checks can’t read gel ink or certain colors, and electronically through your Revenue Online account at using them will delay the processing of your return. www.oregon.gov/dor. Form OR-243 Fiscal-year filers Check this box if you are attaching Form OR-243, Claim Write the ending date of your fiscal year in the “Fiscal to Refund Due a Deceased Person. year ending” box on the return. Federal Form 8379 Oregon resident—Form OR-40-P only Check this box if you’re requesting your joint refund be Enter the dates you were an Oregon resident during apportioned and you are attaching federal Form 8379. 2022. For example, “from 01/01/2022 to 04/15/2022,” or For additional information, see “Injured spouse refund “from 03/01/2022 to 12/31/2022” claims” in Publication OR-17. 150-101-048-1 (Rev. 10-04-22) 10 2022 OR-40-N and Form OR-40-P Instructions |
Federal Form 8886 If you’ve applied for an ITIN but you haven’t received it yet: Check this box if you filed federal Form 8886, Report- able Transaction Disclosure Statement. • Check the “Applied for ITIN” box. • File your return by April 18, 2023. Disaster relief • Don’t include Form W-7 with your return. Keep it with your records. If you were affected by a presidentially-declared natu- • Once the IRS issues your ITIN, mail a copy of your ral disaster in 2022, check this box. ITIN letter to us at PO Box 14999, Salem OR 97309-0990. Military Check this box if you’re a nonresident with military Filing status pay. See “Military personnel.” Check the box next to your filing status. 1 – 5 Employment exception Generally, you must use the same fil- ing status for your Oregon and federal returns. Choose Check this box if you have interstate transportation only one filing status. wages or you’re a waterway, air carrier, or hydroelectric dam worker. See the exceptions in the instructions for Exception for Oregon RDPs. As an Oregon RDP, you’re line 7S and the “Income” section in Publication OR-17 not eligible to use the single filing status on your Ore- for more information. gon return. For Oregon, you’re generally required to use married filing jointly or married filing separately. For more information, go to our website, see “Filing an Name and address Oregon return” in Publication OR-17, or contact us. Type or clearly print names, Social Security numbers Exceptions for married persons who filed a joint fed- (SSN), and dates of birth for you and your spouse. eral return when each person had a different residency Enter your spouse’s information even if you’re filing status. Use this table to determine which return form as married filing separately. If you’re filing for some- to use if you file a joint return or separate returns for one who died in 2022 or 2023, check the “Deceased” box Oregon. next to their name. Table 2. Spouses with different residency status Enter your current mailing address. This is where we’ll send any refund or correspondence, if needed. Spouses’ If you file If you file Enter your current daytime phone number. residency a joint separate Date of birth. Enter the month, day, and year that you status: return, use: returns: and your spouse were born. For example, “11/01/1978.” Part-year and OR-40-N nonresident Each spouse uses SSN. You must provide your SSN per Section 405, Title the form that Nonresident and 42, of the United States Code. We will only use it to OR-40-N matches their full-year resident establish your identity for tax purposes. individual Follow these instructions if you’ve filed previous tax Part-year and residency status OR-40-P full-year resident returns using an Individual taxpayer identification number (ITIN) and this is your first year filing using How to file separate returns for Oregon your new SSN: If you’re filing a joint federal return but separate • Check the “First time using this SSN” box. Oregon returns, enter your spouse’s name, SSN, and • Write your previous identification number on the first date of birth on your return. Report your own share line of the “Amended statement” space on page 11 of of federal AGI and deductions. Also, report your share your return. of any Oregon additions or subtractions using this for- ITIN. If the IRS assigned you an ITIN because you don’t mula to determine your percentage: qualify for an SSN, enter your ITIN wherever an SSN is requested. Refunds will not be issued without a valid Your share of federal AGI Your percentage = SSN or ITIN. Joint federal AGI (not to exceed 100%) If you don’t have an ITIN, you must request one from Check the “Calculated using ‘as if’ federal return” the IRS. To get an ITIN application (federal Form W-7), box on your return. You must include the following go to www.irs.gov or call 800-829-1040. forms with both Oregon returns: 150-101-048-1 (Rev. 10-04-22) 11 2022 OR-40-N and Form OR-40-P Instructions |
• A federal Form 1040 or 1040-SR with Schedules 1 If you qualify, check the “Severely disabled” exemption through 3 (if applicable), or 1040-NR prepared as if box below line 6a. If your spouse qualifies, check the you had filed as married filing separately. “Severely disabled” exemption box below line 6b. • A copy of the joint Form 1040 or 1040-SR with Sched- ules 1 through 3 (if applicable), or 1040-NR that you Total exemptions for you and spouse. Enter the total actually filed with the IRS. number of exemptions claimed for yourself on line 6a and for your spouse on line 6b. If the federal form you filed is an amendment, include Form 1040-X and federal returns as amended for your All dependents. Enter your dependents’ infor- actual and “as if” returns. 6c mation in order from youngest to oldest. For If possible, mail both spouses’ Oregon returns in the each dependent, list their first name, last name, rela- same envelope. Don’t staple the returns together. tionship code (see Table 3), SSN, and date of birth. In For more information, see “Filing status” in Publication most cases, you will list the same dependents you OR-17. claimed on your federal return. You can list up to three dependents on the return. If Exemptions you have more than three dependents, fill out Sched- ule OR-ADD-DEP with your remaining dependents. Yourself and spouse. If no one else 6a & 6b If you have more than eight dependents, fill out and can claim you as a dependent on their include an additional Schedule OR-ADD-DEP. Do not return, check the “Regular” exemption box below line list the same dependents on your return and on Sched- 6a for yourself; otherwise, check the “Someone else can ule OR-ADD-DEP. claim you as a dependent” box below line 6a, even if the other person doesn’t actually claim you as a dependent. Include Schedule OR-ADD-DEP with your return. You Check the “Regular” exemption box below line 6b if can download the schedule from our website or contact no one else can claim your spouse as a dependent and us to order it. you’re filing as: On line 6c, enter the total number of your depen- • Married filing jointly. dents, including the number from line 1 of Schedule • Married filing separately and your spouse has no OR-ADD-DEP. income. Table 3. Relationship codes Otherwise, check the “Someone else can claim you as a dependent” box below line 6b, even if the other person Title Code Relationships included doesn’t actually claim your spouse as a dependent. Son/Daughter SD Son, daughter, adopted child. Severely disabled. Did you or your spouse have a Stepchild SC Stepson, stepdaughter. severe disability at the end of 2022? If so, you can claim Foster child FC Foster child. an additional exemption. This is different from the dis- Sibling SB Brother, sister, half-brother, abled child exemption. You may qualify for and claim half-sister, stepbrother, the severely disabled exemption even if someone else stepsister, brother-in-law, can claim you as a dependent. You’re considered to sister-in-law. have a severe disability if any of the following apply: Parent PT Father, mother, stepfather, stepmother, father-in-law, • You permanently lost the use of one or both feet. mother-in-law. • You permanently lost the use of both hands. • You’re permanently blind. Spouse SP Husband, wife. • You have a permanent condition that, without special Grandparent GP Grandmother, grandfather. equipment or outside help, limits your ability to earn Grandchild GC Grandson, granddaughter. a living, maintain a household, or transport yourself. Aunt/Uncle AU Aunt, uncle. • You’re unable to earn a living due to a permanent Niece/Nephew NN Niece, nephew. condition or an impairment of indefinite duration. Other relative OR Son-in-law, daughter-in-law, If you have a severe disability, your physician must cousin, and other related write a letter describing it. Keep the letter with your individuals not listed above. records in case we request a copy. No relation NR Any other qualifying individual. 150-101-048-1 (Rev. 10-04-22) 12 2022 OR-40-N and Form OR-40-P Instructions |
Children with a disability. You may be entitled — Other health impairment. 6d to an additional personal exemption for your — Specific learning disability. dependent child who has a qualifying disability. To — Traumatic brain injury. qualify, all of the following must be true: — Visual impairment. • Your child (age 21 or younger) qualified as your Each year, you must be able to provide an eligibility dependent for 2022. statement confirming that your child has been diag- • Your child was eligible for early intervention services nosed with one of the disabilities listed above and a or special education as defined by the State Board of cover sheet from one of the following: Education of the state where the child attends school. • The child’s Individualized Education Program (IEP). • Your child had an eligible disability as of Decem- • The child’s Individualized Family Service Plan (IFSP). ber 31, 2022 under the federal Individuals with Dis- abilities Education Act. Eligible disabilities include: Keep the statement and cover sheet with your records. Check the “Check if child has a qualifying disability“ — Autism spectrum disorder. box next to the name of each child with a qualifying — Communication disorder. disability. Enter the total number of children with a — Deafblindness. qualifying disability, including the number of children — Developmental delay. on line 2 of Schedule OR-ADD-DEP, on line 6d. — Emotional disturbance. — Hearing impairment. Total exemptions. Add lines 6a through 6d and — Intellectual disability. 6e — Orthopedic impairment. enter the total on line 6e. This is your total num- ber of exemptions. 150-101-048-1 (Rev. 10-04-22) 13 2022 OR-40-N and Form OR-40-P Instructions |
Forms OR-40-N and OR-40-P line instructions Don’t enter cents. You must round off cents to the near- Full-year residents. Oregon taxes your income from est whole dollar. For example, $99.49 becomes $99 and all sources. If you’re a full-year resident filing jointly $99.50 becomes $100. If you don’t round entries to the on Form OR-40-N or Form OR-40-P, all of your income nearest dollar, there may be small variations in the in the federal column must be included in the Oregon totals we use. column. The forms have two columns for figures. These are to Wages, salaries, and other pay for work. Part- show your federal adjusted gross income (AGI), addi- 7S tions, and subtractions. The columns compare your total year residents— enter amounts you earned while an Oregon resident and any amounts you earned (column F) to the portion that Oregon taxes (column S). working in Oregon while you were a nonresident. You must include a copy (front and back) of your fed- Full-year residents— enter all of your income included eral return, including Schedules 1 through 3 (if appli- in the federal column. cable), with your Oregon return. This helps us verify your income and process your return faster. If you Nonresidents—enter the amount you earned while don’t include your federal return with your Oregon working in Oregon for each job. If that amount differs return, items claimed on your return may be adjusted from the Oregon wages on your Form W-2, request a or denied. signed statement from your employer verifying the number of days worked in Oregon and the total num- ber of days worked everywhere. Keep this document Federal column (F) instructions, and a statement explaining your calculations with lines 7F–29F your records. If your Oregon wages aren’t stated sepa- rately on your Form W-2, compute your Oregon-source The first column is called “Federal column (F).” For income using the following formula: lines 7F–29F of the federal column, transfer the amounts you reported on your federal return. If you used Form Days actually worked in Oregon Total Oregon 1040 or 1040-SR, these will be the amounts on lines 1a × wages = wages through 11 and Schedule 1, lines 1 through 26. Days actually worked everywhere (line 7F) (line 7S) Line 29F, “Income after adjustments,” must match Don’t include holidays, vacation days, and sick days as your 2022 federal AGI from Form 1040, 1040-SR, or days actually worked. However, you must include sick 1040-NR, line 11; or Form 1040-X, line 1C. If it doesn’t pay, holiday pay, and vacation pay in total wages. See the match, check that you transferred the figures from example below. If Oregon is the only state you worked your federal return correctly. in, don’t use this formula; all your earnings are taxable and should be reported in the Oregon column. Oregon column (S) instructions, Example: Savannah lives in Idaho but works in Oregon. lines 7S–29S Of her 260 total days paid, she worked 138 days in Ore- gon and 92 days from her home in Idaho. She received The second column is called “Oregon column (S).” Use 14 days vacation pay, eight days sick pay, and eight days this column to list the amounts from the federal col- holiday pay. She earned $50,000 in wages. She figured umn that are taxed by Oregon. the amount subject to Oregon tax as follows: Nonresidents. Oregon taxes only your income from Total days paid 260 Oregon sources. To determine your Oregon-source Less: Vacation days -14 income, see “What does income from Oregon sources Sick days -8 include?” in the “General information” section. Holidays -8 Part-year residents. Oregon taxes your income from all Total days worked everywhere 230 sources earned or received while you were an Oregon resident. Oregon also taxes your income from Oregon sources while you were a nonresident. To determine Days actually worked in Oregon your Oregon-source income, see “What does income (138) $50,000 × (Total = $30,000 from Oregon sources include?” in the “General infor- Days actually worked everywhere wages) mation” section. (230) 150-101-048-1 (Rev. 10-04-22) 14 2022 OR-40-N and Form OR-40-P Instructions |
Savannah’s compensation reported in the federal col- Dividend income. Determine the amount of div- 9S umn, Form OR-40-N, line 7F is $50,000 and in the Ore- idends on line 9F that you received from an Ore- gon column, Form OR-40-N, line 7S is $30,000. gon business activity source while you were a nonresi- dent. This includes dividends passed through to you Exceptions from an S corporation or partnership doing business in Oregon or providing services for Oregonians. These are Interstate employment. Check the “Employment dividends your S corporation or partnership received exception” box on page 1 and don’t include the follow- on the stock of another corporation. Add any dividend ing types of compensation in the Oregon column of the income included on line 9F that you received during return if you’re a nonresident who works: the part of the year you were an Oregon resident. • For an interstate transportation provider and whose State and local income tax refunds. If you wages qualify for special treatment under the federal 10S laws formerly known as the “Amtrak Act.” received an income tax refund from another state or local government that is included in your fed- • On the Bonneville, The Dalles, John Day, or McNary eral income, and you deducted those taxes on a prior hydroelectric dams. year’s Oregon return, include the refund in your Ore- • As a crewmember or pilot on a vessel in interstate gon income. This refund is not taxable to Oregon if you navigable waters. did not deduct the taxes on an Oregon return. If you’re a nonresident who works as a crewmember or Oregon doesn’t tax Oregon state income tax refunds pilot on aircraft in Oregon and at least one other state, you received, so don’t include amounts received from you may be able to exclude your compensation from Oregon on line 10S. the Oregon column. Alimony received. Enter alimony you received See the “Income” section of Publication OR-17 for 11S details about these exceptions. for the part of the year you were an Oregon resident. Military. Check the “Military” box on page 1 of the Business income or loss. Determine the amount return if you’re a: 12S of income or loss from an Oregon business activ- • Nonresident member of the U.S. Armed Forces sta- ity for the part of the year you were a nonresident. Add tioned in Oregon. Military pay of a nonresident isn’t all business income or losses incurred during the part Oregon-source income. Don’t report your military of the year you were a resident of Oregon. pay in the Oregon column on line 7S. If you have Capital gain or loss. Determine the amount of another job, those wages are taxable to Oregon and 13S must be included on line 7S. Only your military pay gain or loss and capital gain distributions from Oregon sources for the part of the year you were a non- is exempt. resident. Add the amount of your capital gains received • Nonresident military spouse. Your wages are exempt and losses incurred during the part of the year you from state tax if you’re only in Oregon because your were an Oregon resident. Limit losses to $3,000 ($1,500 spouse is stationed here. Don’t report your wages in if married filing separately). the Oregon column on line 7S. File Form OR-40-N Other gains or losses. Determine the amount of if you had non-wage Oregon income or to claim a 14S refund of Oregon tax withheld from wages. gain or loss from Oregon sources for the part of the year you were a nonresident. Add the gain received If Oregon taxes were withheld from your exempt or loss incurred during the part of the year you were an wages, you should file a new withholding form with Oregon resident. your employer. Use Form OR-W-4 and follow the IRA distributions. Determine the amount of any instructions to declare that you’re exempt using the 15S appropriate code and give the form to your employer. taxable individual retirement arrangement (IRA) distributions you received while an Oregon resident. You can download Form OR-W-4 and instructions Include any amounts you converted from a regular IRA from our website or you can contact us to order it. into a Roth IRA while you lived in Oregon. If you lived in another state when you made contributions to your Taxable interest income. Determine the amount 8S IRA, you may need more information. If so, contact us. of interest income on line 8F that you received from an Oregon business activity while you were a Pension and annuities. Enter the amount of tax- 16S nonresident. Add any interest included on line 8F that able pensions and annuities (including federal you received during the part of the year you were an pensions), you received while an Oregon resident. Don’t Oregon resident. include any Railroad Retirement Benefits (RRB-1099-R). 150-101-048-1 (Rev. 10-04-22) 15 2022 OR-40-N and Form OR-40-P Instructions |
If you’re domiciled in Oregon, you must also include Determine the amount you paid during the part of the any Oregon-source pensions you received. This is true year you were an Oregon resident. Add the amount cal- even though you may qualify to file as a nonresident culated for the time you were a nonresident. under the tests for special case Oregon residents or Oregon residents living abroad. • IRA. Use the following formula to determine your deduction for the part of the year you were a For example, if you lived in Oregon before you retired nonresident: and have not changed your permanent home to another state, you must report the pension you earned Oregon earned income IRA while a nonresident contributions Nonresident while you worked in Oregon. If you have a federal pen- × = Total earned income made while a deduction sion, you may qualify for a subtraction on Schedule OR- while a nonresident nonresident ASC-NP. If you need help, contact us. • Self-employed SEP, SIMPLE, and qualified plans. Schedule E income. Determine the income 17S Use the following formula to determine your allow- received and losses incurred from rents, royal- able deduction for the part of the year you were a ties, partnerships, S corporations, real estate invest- nonresident: ment trusts (REITs), estates, trusts, etc. reported on fed- eral Schedule E from Oregon sources during the part Oregon compensation Contributions Nonresident of the year you were a nonresident. Add the amount while a nonresident × made while a = deduction received or incurred during the part of the year you Total compensation nonresident while a nonresident were an Oregon resident. This deduction can’t be more than the amount of Farm income or loss. Determine the amount compensation included in the Oregon column. 18S of income received or loss incurred from an Education deductions. The following instruc- Oregon farm while you were a nonresident. Add the 22S amount of farm income received or loss incurred dur- tions will help you figure the amount you can ing the part of the year you were an Oregon resident. claim on your Oregon return. Unemployment insurance (UI) benefits and all • Educator expenses deduction from federal Form 19S 1040 or 1040-SR, Schedule 1, line 11. For the part of the other taxable income. Include on line 19S: year you were a nonresident, determine the amount • UI benefits received from an Oregon job or while an of qualified educator expenses you paid while work- Oregon resident, • Oregon Lottery winnings (see additional informa- ing in or providing educator services to students in tion below), Oregon elementary or secondary schools. Add the • Other winnings received while an Oregon resident, qualified educator expenses you paid during the part • Severance pay received from an Oregon job or while of the year you were an Oregon resident. Enter the an Oregon resident, and smaller of the result or the amount deducted on your • Any other taxable income on line 19F from Oregon federal return. sources or received while an Oregon resident. • Student loan interest deduction from federal Form Don’t include Social Security, Railroad Retirement 1040 or 1040-SR, Schedule 1, line 21. Board benefits, or Railroad Retirement Board unem- Use the following formula to calculate your deduc- ployment benefits, as Oregon doesn’t tax this income. tions for the part of the year you were a nonresident: Include all payments received from the Oregon Lot- Oregon-source income Student tery in the Oregon column. Oregon Lottery means all while a nonresident loan interest Nonresident games offered by the Oregon State Lottery Commis- × = Total income from all paid while a deduction sion and purchased in Oregon. For more information, sources while a nonresident nonresident see Publication OR-17. Add all interest paid during the part of the year you were an Oregon resident. Enter the result or the Adjustments amount of federal student loan interest from your IRA or self-employed SEP and SIMPLE contri- federal return, whichever is less. 21S butions. Oregon follows the federal definition Add the Oregon amounts for your educator expenses of earned income and compensation used to calcu- deduction and student loan interest deduction. Enter late your IRA and other retirement plan deductions. the total on line 22S. 150-101-048-1 (Rev. 10-04-22) 16 2022 OR-40-N and Form OR-40-P Instructions |
Moving expenses. Enter moving expenses in the 23S Additions Oregon column only if all of the following are true for you (or your spouse, if filing jointly): Total additions from Schedule OR-ASC-NP. Addi- • You are on active duty in the United States Army, 30F/S Navy, Air Force, Marines, or Coast Guard. tions are reported on Schedule OR-ASC-NP. From Schedule OR-ASC-NP, enter the total on line B7 in • Your expenses are deductible on your federal return the federal column and the total on line B8 in the Ore- because they are related to a permanent change of gon column. If you’re reporting an addition, you must station (known as a PCS move). include Schedule OR-ASC-NP with your return. • Your new duty station is in Oregon. For more information about additions, see the Schedule • You have taxable income from employment (military, OR-ASC and OR-ASC-NP Instructions or “Additions” civilian, or self-employment) performed in Oregon. in Publication OR-17. Deductions for self-employment tax. Use the 24S following formula to determine the amount of Subtractions your self-employment tax on earnings taxed by Oregon: Self-employment earnings Federal Social Security and tier 1 Railroad Retirement taxed by Oregon deduction 32F × for self- = Board benefits. Enter Social Security and tier Oregon Total taxable self- employment 1 Railroad Retirement Board benefits you included on deduction employment earnings tax line 7F or 19F. The Oregon deduction can’t be more than the federal If you have tier 2, windfall/vested dual, or supplemen- deduction. tal Railroad Retirement Board benefits, these are sub- tracted on Schedule OR-ASC-NP. For more information, 25S see the Schedule OR-ASC and OR-ASC-NP Instructions Self-employed health insurance deduction. Ore- or “Subtractions” in Publication OR-17. gon allows a deduction of 100 percent of your health insurance premiums related to your self-employment for the part of the year you were an Oregon resident. 33F/S Total subtractions from Schedule OR-ASC-NP. Add the health insurance premiums paid by your Ore- Other subtractions not explained here are claimed on gon business while a nonresident. Your total Oregon Schedule OR-ASC-NP. From Schedule OR-ASC-NP, deduction can’t be more than your federal deduction. enter the total on line C7 in the federal column and the total on line C8 in the Oregon column. If you claim a Alimony paid. Determine if the alimony you 26S subtraction on Schedule OR-ASC-NP, you must include paid to your former spouse is deductible for fed- the schedule with your return. eral purposes. If so, use the following formula to calcu- late your Oregon deduction for the part of the year you For more information about subtractions, see the Sched- were a nonresident: ule OR-ASC and OR-ASC-NP Instructions or “Subtrac- tions” in Publication OR-17. Oregon-source income while a nonresident Alimony Oregon percentage. In most cases, to find Nonresident × paid while a = 35 Total income nonresident your Oregon percentage, divide the amount on deduction while a nonresident line 34S by the amount on line 34F. If the amount on Add to that amount the alimony you paid while you line 34S is more than the amount on line 34F or if the amount on line 34S is positive but the amount on line were a resident. 34F is zero or negative, your Oregon percentage is 100 Total adjustments from Schedule OR-ASC-NP. percent. If both amounts are negative, treat both as if 27F/S they’re positive, and then: Other adjustments not explained here are claimed on Schedule OR-ASC-NP. From Schedule OR- • If the Oregon number is smaller than the federal ASC-NP, enter the total on line A7 in the federal col- number, your Oregon percentage is 100 percent. umn and the total on line A8 in the Oregon column. • If the federal number is smaller than the Oregon If you’re reporting an adjustment, you must include number, divide the federal number by the Oregon Schedule OR-ASC-NP with your return. number. For more information about adjustments, see the Sched- Round the decimal to three places and enter the result ule OR-ASC and OR-ASC-NP Instructions or “Adjust- as a percentage as shown in the examples. Don’t enter ments” in Publication OR-17. more than 100 percent or less than 0. 150-101-048-1 (Rev. 10-04-22) 17 2022 OR-40-N and Form OR-40-P Instructions |
Table 4. Oregon percentage examples Standard deduction—Age 65 or older, or blind. If you Line 34S Line 34F Oregon percentage line 35 or your spouse turned age 65 by January 1, 2023, or $8,000 ÷ $30,000 = 0.266666 Round to 0.267 were blind at the end of the tax year, you’re entitled (__2__6__7.__% ) to a larger standard deduction. If you or your spouse $20,000 ÷ $15,000 = 1.333 Limited to 1.000 are permanently blind, you may also qualify for the (1__0__0 0__.__%) severely disabled exemption credit; see the instructions -$1,000 ÷ $15,000 = 0 (0%) for lines 6a and 6b. (__ __0__0.__% ) Check the applicable boxes below line 38, then multiply $1,000 ÷ -$5,000 = (100%) the number of boxes checked by: (1__0__0 0__.__%) -$2,000 ÷ -$8,000 = Oregon number smaller than • $1,200 if single or head of household filing status; or 2,000 8,000 federal number • $1,000 for all other filers. (1__0__0 0__.__%) Add this amount to the standard deduction for your fil- -$10,000 ÷ -$6,000 = Federal number smaller than ing status from Table 5. Enter the total on line 38. 10,000 6,000 Oregon number 6,000 / 10,000 = 0.6 Example: Joni and Mike are married. By January 1, (__6__0__0.__% ) 2023, Joni had turned 61 and Mike had turned 67. Joni files the return as the primary taxpayer. She checks the box for spouse 65 or older and adds $1,000 to their stan- Deductions and modifications dard deduction. Joni enters $5,840 ($4,840 + $1,000) on Deductions and other modifications further adjust your line 38. Oregon taxable income. Modifications not explained Standard deduction—Dependents who can be claimed here are reported on Schedule OR-ASC-NP. For more on another taxpayer’s return. If someone else can claim information about deductions and modifications, see you as a dependent, your standard deduction is limited the Schedule OR-ASC and OR-ASC-NP Instructions, or to the larger of: Publication OR-17. • Your earned income plus $400, up to the maximum In general, you can claim Oregon itemized deductions or allowed for your filing status (see Table 5); or the standard deduction, whichever is larger, but not both. • $1,150. See the following exceptions for: • Dependents who can be claimed on another taxpay- This limit applies even if the other person doesn’t actu- er’s return. ally claim you as a dependent on their return. • Nonresident aliens. If you’re a dependent and not married, use the follow- • Spouses filing separate returns. ing worksheet to figure your standard deduction. If you’re a dependent and married, see “Deductions and Itemized deductions. If you’re itemizing your 37 modifications” in Publication OR-17. deductions for Oregon enter the amount from Schedule OR-A, line 23. Note: Don’t enter your federal Standard deduction worksheet for single dependents itemized deductions; the amount allowed for Oregon 1. Enter your earned income (see 1. may be different. You can download Schedule OR-A definition below). and the instructions from our website or you can con- tact us to order it. 2. Additional $400. 2. $400 If you’re not itemizing, enter 0. 3. Add lines 1 and 2. 3. Standard deduction. Generally, your standard 4. Minimum standard deduction. 4. $1,150 38 deduction is based on your filing status, as 5. Enter the larger of line 3 or line 4. 5. shown in Table 5. 6. Basic standard deduction for 6. $2,420 Table 5. Standard deduction single. 7. Enter the smaller of line 5 or line 6. 7. Single $2,420 Married filing jointly $4,840 8. If you turned 65 by 1/1/2023, 8. enter $1,200. Otherwise, enter 0. Married filing separately • If spouse claims standard deduction $2,420 9. If you’re blind, enter $1,200. 9. Otherwise, enter 0. • If spouse claims itemized deductions 0 Head of household $3,895 10. Add lines 7, 8, and 9. This is your 10. standard deduction. Qualifying surviving spouse $4,840 150-101-048-1 (Rev. 10-04-22) 18 2022 OR-40-N and Form OR-40-P Instructions |
Earned income includes salaries, wages, tips, profes- sional fees, or other amounts received as pay for work Federal tax worksheet you actually performed, and any part of a scholarship Note: All references to federal Form 1040 in this work- or fellowship grant you received that is included in sheet also include references to Forms 1040-SR and your federal gross income. 1040-NR, unless otherwise indicated. This also includes versions of these forms in other languages. Standard deduction—Nonresident aliens. The stan- Instructions for Federal tax liability subtraction dard deduction for nonresident aliens (as defined by worksheet federal law) is 0. Line 1: Enter your federal tax liability after nonrefund- Standard deduction—Married filing separately. The able credits but before other taxes. This is found on standard deduction for married individuals filing sep- Form 1040, line 22. arately is 0 if one spouse itemizes. This applies even Line 2: If you need to repay any of the advance pre- if the standard deduction is more than your itemized mium tax credit that you received during the year, enter deductions. the repayment amount claimed on Form 1040, Schedule 2, line 2. If not, enter 0. 2022 federal tax liability subtraction. Complete 40 Line 3: Line 1 minus line 2. If the results are less than the following worksheet to determine your fed- 0, enter 0. eral tax liability subtraction for 2022. Carefully follow the instructions. Don’t confuse your federal tax liabil- Line 4: Enter the total of any other taxes, plus any addi- tions to tax that include only income tax, such as tax ity on your federal return with the federal tax with- credit recaptures, from Form 1040, Schedule 2, lines 8, held on a Form W-2. They aren’t the same. RDPs and 16, and 17. Also include the amount reported on Sched- those filing as “married filing separately for Oregon ule 2, line 10, only if you’re repaying a 2008 first-time only,” use amounts from your actual federal return(s), homebuyer credit and filing federal Form 5405. Include not your “as if” return. any tax on non-effectively connected income from Form 1040-NR, line 23a. Don’t include any additions to The federal tax liability subtraction limit for 2022 is $7,250 tax from Schedule 2, line 17 that are penalties, interest, ($3,625 if married filing separately). The subtraction is excise tax, or other amounts that aren’t income tax. If further limited by the AGI phase-outs shown in Table 6. you have no other taxes, enter 0. Note: Use the worksheet(s) in the “Federal income tax Line 5: Add lines 3 and 4. This is your federal income tax liability before refundable credits. liability” section of Publication OR-17 if any of these situations apply: Line 6: Enter your American Opportunity credit from Form 1040 or 1040-SR, line 29. • You‘re amending your 2022 federal return or we cor- rected the federal tax liability subtraction on your Line 7: Enter your total premium tax credit amount original 2022 Oregon return. from federal Form 8962, line 24. This is your allowable premium credit regardless of any excess advance pay- • A prior year’s federal return was audited or amended, ments you received or credit you’re claiming on your resulting in additional federal tax paid or refunded federal return. in 2022. Line 8: Add lines 6 and 7. These are the total refund- • You paid income tax to a foreign country. able credits that must be subtracted from your federal • You filed your federal return on Form 1040-NR. income tax liability. • You reported recapture taxes or credits on your fed- Line 9: Line 5 minus line 8. If less than 0, enter 0. This is eral return. your federal income tax liability after refundable cred- Caution: Don’t include any of the following in your its (other than EITC). calculation: Line 10: Enter your maximum allowable federal tax • Self-employment tax. liability subtraction amount from Table 6. Don’t enter • Social Security and Medicare tax on tips. more than your limit or less than zero. • Household employment taxes. Line 11: Enter the smaller of line 9 or line 10. This is • Penalties or interest. your federal tax liability subtraction. 150-101-048-1 (Rev. 10-04-22) 19 2022 OR-40-N and Form OR-40-P Instructions |
Federal tax liability subtraction worksheet Table 6. Federal tax liability subtraction AGI phase-out 1. Federal tax liability (Form 1040 1. And your Then your federal adjusted maximum line 22). gross income is: allowable tax liability 2. Excess advance premium tax 2. If your filing But less subtraction credit (Form 1040, Schedule 2, status is: At least— than— is: line 2). 0 $125,000 $7,250 $125,000 $130,000 $5,800 3. Line 1 minus line 2. (If less than 0, 3. $130,000 $135,000 $4,350 enter 0). Single $135,000 $140,000 $2,900 4. Other taxes (see instructions). 4. $140,000 $145,000 $1,450 $145,000 or more 0 0 $125,000 $3,625 5. Line 3 plus line 4. 5. $125,000 $130,000 $2,900 Married filing $130,000 $135,000 $2,175 6. American Opportunity credit 6. separately $135,000 $140,000 $1,450 (form 1040, line 29). $140,000 $145,000 $725 $145,000 or more 0 7. Premium tax credit (Form 8962, 7. 0 $250,000 $7,250 line 24). Married filing jointly; or $250,000 $260,000 $5,800 8. Line 6 plus line 7. 8. Head of $260,000 $270,000 $4,350 household; or $270,000 $280,000 $2,900 9. Line 5 minus line 8. (If less than 0, 9. Qualifying $280,000 $290,000 $1,450 enter 0). surviving spouse $290,000 or more 0 10. Maximum subtraction amount 10. Total modifications from Schedule OR-ASC-NP. from Table 6. 41 Enter the total from Schedule OR-ASC-NP, 11. Smaller of line 9 or line 10. 11. line D7. Include the schedule with your return. This is your federal tax liability For more information about modifications, see “Deduc- subtraction. tions and modifications” in Publication OR-17. Are you amending your 2022 return? Usually you can’t Form change your federal tax subtraction on your amended 42 OR-40-N return. See the “Federal income tax liability” section in Publication OR-17 for more information before making Deductions and modifications multiplied by the Ore- changes to this subtraction. gon percentage (Form OR-40-N filers only). Nonresi- dents must complete the worksheet below to determine the amount of deductions and modifications they’re entitled to claim. 1. Amount from Form OR-40-N, line 39. 1. 2. Amount from Form OR-40-N, line 40. 2. 3. Amount from Form OR-40-N, line 41. 3. 4. Add lines 1, 2, and 3 above. 4. 5. Oregon percentage from Form 5. OR-40-N, line 35. 6. Line 4 times line 5. Enter result on 6. Form OR-40-N, line 42. These are your Oregon deductions and modifications. 150-101-048-1 (Rev. 10-04-22) 20 2022 OR-40-N and Form OR-40-P Instructions |
you didn’t use farm income averaging on your federal Form OR-40-N 43 return. Only Oregon-source farm income is considered elected farm income. Use Schedule OR-FIA-40 to com- Charitable art donation (Form OR-40-N filers only). pute the Oregon tax using this method. You can down- Artists who make a charitable art donation may take a load it from our website or contact us to order it. full deduction. See “Artist’s charitable contribution” in If you use Schedule OR-FIA-40-N to calculate your Publication OR-17 to calculate this subtraction. tax, enter the tax amount from Schedule OR-FIA-40-N, line 21, on Form OR-40-N, line 46, and check box 46a. Oregon tax If you use Schedule OR-FIA-40-P to calculate your tax, enter the tax amount from Schedule OR-FIA-40-P, Form Form line 20, on Form OR-40-P line 44, and check box 44a. OR-40-N 46 OR-40-P 44 Don’t include Schedule OR-FIA-40-N or Schedule Tax rate charts. Calculate your tax using the applicable OR-FIA-40-P with your Oregon return. Keep it with formula in the tax rate charts for your filing status. your records. • Use Chart S if your filing status is single or married Farm asset capital gain method. Did you sell or filing separately. exchange capital assets primarily used in farming • Use Chart J if your filing status is married filing because you were getting out of a farming business? jointly, head of household, or qualifying surviving Or, did you sell or exchange a farming business in spouse with dependent child. which you held at least a 10 percent ownership interest? If so, you may be eligible for a reduced tax rate on the Example: Daniel and Madison are filing a joint return. net capital gain from the proceeds. Download Publica- Their Oregon taxable income is $75,500. They use the formula in Chart J for taxable income over $18,900 but tion OR-FCG from our website or you can contact us to not over $250,000 to calculate their tax as follows: order it. Nonresidents. Enter the tax amount from Publica- Tax on the first $18,900 $1,126 tion OR-FCG, line 9 on Form OR-40-N, line 46 and (from the chart) check box 46b. Oregon taxable income $75,500 Part-year residents. Enter the tax amount from Publica- Minus the first $18,400 – 18,900 tion OR-FCG, line 9 on Form OR-40-P, line 44 and check Excess over $18,400 $56,600 box 44b. Multiply excess by 8.75% x 0.0875 Don’t include Publication OR-FCG with your return. Tax on excess over $18,400 + $4,953 Keep it with your records. Total Oregon tax $6,079 Oregon qualified business income reduced tax rate. Did you have business income from a sole proprietor- Other tax methods. If you qualify, you can compute ship, partnership, or S corporation in which you mate- your Oregon tax using any of the following methods: rially participated? If so, you may qualify to use this Farm income averaging method. Did you have income reduced tax rate. For details, see Schedule OR-PTE-NR from a farm? You may use the federal farm income or OR-PTE-PY on our website or you can contact us to averaging method to compute your Oregon tax even if order it. 2022 Tax rate charts Chart S: For persons filing single or married filing separately— If your taxable income is not over $3,750 .......................................................................................your tax is 4.75% of taxable income If your taxable income is over $3,750 but not over $9,450 .............................your tax is $178 plus 6.75% of excess over $3,750 If your taxable income is over $9,450 but not over $125,000 ........................your tax is $563 plus 8.75% of excess over $9,450 If your taxable income is over $125,000 ........................................................your tax is $10,674 plus 9.9% of excess over $125,000 Chart J: For persons filing jointly, head of household, or qualifying surviving spouse with dependent child— If your taxable income is not over $7,500 .......................................................................................your tax is 4.75% of taxable income If your taxable income is over $7,500 but not over $18,900 ...........................your tax is $356 plus 6.75% of excess over $7,500 If your taxable income is over $18,900 but not over $250,000 ................your tax is $1,126 plus 8.75% of excess over $18,900 If your taxable income is over $250,000.......................................................your tax is $21,347 plus 9.9% of excess over $250,000 150-101-048-1 (Rev. 10-04-22) 21 2022 OR-40-N and Form OR-40-P Instructions |
Note: If you elect to use this reduced tax rate for quali- Exemption credit worksheet fying income, the election is irrevocable and must be made on your original return. An original return 1. If your federal AGI is more 1. includes an amended return filed on or before the due than $100,000 and your filing date, including extensions. You can’t change the elec- status is single or married filing tion after your original return has been filed. separately, or more than $200,000 for all others, enter 0; otherwise, Nonresidents. Enter the tax amount from Schedule OR- enter the number of “regular” PTE-NR, line 14a on Form OR-40-N, line 46 and check exemptions from lines 6a and 6b box 46c. plus the number of dependents Part-year residents. Enter the tax amount from Sched- from line 6c. Don’t include any ule OR-PTE-PY, line 19a on Form OR-40-P, line 44 and “Severely disabled” or “Child check box 44c. with a qualifying disability” exemptions. Include the schedule with your Oregon return or sub- mit it at www.oregon.gov/dor; click the link for Rev- 2. If your federal AGI is more than 2. enue Online and log in or create an account. $100,000, enter 0; otherwise, enter the number of “Severely disabled” exemptions from lines Form Form OR-40-N 47 OR-40-P 46 6a and 6b. 3. If your federal AGI is more than 3. Interest on certain installment sales. Did you have $100,000, enter 0; otherwise, installment sales that required you to pay interest on enter the number of exemptions the deferred tax liability for federal purposes? If so, you for children with a qualifying must also compute interest for Oregon using the same disability from line 6d. method as for federal. The annual interest rate is 4 per- cent for 2022 and 6 percent for 2023. 4. Add lines 1, 2, and 3. 4. Nonresidents. Use only those installment obligations 5. Line 4 times $219. 5. from dispositions of Oregon property. 6. Enter your Oregon percentage 6. from Form OR-40-N or Form Credits—Nonrefundable OR-40-P, line 35, as a decimal. Nonrefundable credits can’t be more than your Oregon tax liability. Carryforward credits allow you to claim 7. Line 5 times line 6. Round to the 7. unused amounts in a later year. Standard credits can’t nearest whole dollar. This is your be used in any other year. For more information about exemption credit. nonrefundable credits, see the Schedule OR-ASC and OR-ASC-NP Instructions or “Credits” in Publication OR-17. Form Form OR-40-N 50 OR-40-P 49 Form Form OR-40-N 49 OR-40-P 48 Total standard credits from Schedule OR-ASC-NP. All other standard credits are claimed on Schedule OR- Exemption credit. If your federal AGI is more than ASC-NP. Enter the total from Schedule OR-ASC-NP, $200,000 ($100,000 if your filing status is single or mar- line E16. Include Schedule OR-ASC-NP with your ried filing separately), enter 0; otherwise, use this work- return. sheet to figure your exemption credit: Form Form OR-40-N 53 OR-40-P 52 Total carryforward credits from Schedule OR-ASC- NP. All carryforward credits are claimed on Schedule OR-ASC-NP. Enter the total from Schedule OR-ASC- NP, line F9. Include Schedule OR-ASC-NP with your return. 150-101-048-1 (Rev. 10-04-22) 22 2022 OR-40-N and Form OR-40-P Instructions |
reported on Form OR-40-N, line 58; or Form OR-40-P, Form Form OR-40-N 55 OR-40-P 54 line 57. If you need to verify your estimated payments, log into or create your Revenue Online account at Total tax recaptures from Schedule OR-ASC-NP. All tax www.oregon.gov/dor or contact us. recaptures are claimed on Schedule OR-ASC-NP. Enter the total from Schedule OR-ASC-NP, line G5. Include Form Form Schedule OR-ASC-NP with your return. OR-40-N 60 OR-40-P 59 Tax payments from a pass-through entity (PTE). If you’re Tax payments and refundable credits an owner of a PTE with Oregon-source income and you didn’t join in the filing of a composite return to report Form Form that income, enter the amount of tax payments made by OR-40-N 57 OR-40-P 56 the PTE on your behalf. Note: Don’t claim the tax paid on your behalf on the composite return, Form OR-OC, as Oregon income tax withheld. Enter the total Oregon a tax payment on your individual return. That payment tax withheld from your wages and other income. was already used to pay the tax on the income reported State tax withheld from wages is shown in box 17 of on Form OR-OC. Form W-2 and in the State area of various 1099 forms. Refundable credits. Refundable credits reduce the Don’t include the FICA (Social Security) tax with- amount of tax that you owe. Any amount that is more held or tax withheld from your wages by other states. than your tax liability is treated the same way as an You must include a legible, unaltered copy of your overpayment. Refundable credits not explained here Form W-2 from each job and any Form 1099 showing are claimed on Schedule OR-ASC-NP. Oregon income tax withheld with your Oregon return. For more information about refundable credits, see If you don’t have a Form W-2 or 1099, you must provide the Schedule OR-ASC and OR-ASC-NP Instructions or other proof of Oregon tax withheld. Proof may include “Credits” in Publication OR-17. a copy of a final paycheck stub or a letter from your employer. If you file before February 1, 2023, we can accept only a Form W-2 or 1099 as proof. Form Form OR-40-N 61 OR-40-P 60 If you have tax to pay, you may want to increase the amount your employer or other payer withholds Earned income credit. Oregon’s earned income credit from your wages. For withholding information, go to is a percentage of the earned income tax credit (EITC) www.oregon.gov/dor. claimed on your federal return. The percentage is based on the age of your youngest dependent at the end of the tax year. Note to RDPs: You may claim this credit if Form Form OR-40-N 58 OR-40-P 57 you would otherwise qualify for the EITC using your “as if” federal return. Amount applied from your prior year’s tax refund. New for 2022: If you can’t claim the federal EITC or can Enter the amount of any prior-year refund you applied only claim a portion of the federal EITC because you, as a payment of 2022 estimated tax. If we adjusted your your spouse, or your child(ren) do not have an SSN that applied refund, be sure to use the adjusted amount. is valid for work or are using an ITIN, you may qualify If you need to verify your applied refund amount, for the earned income credit for ITIN filers. See Sched- log into or create your Revenue Online account at ule OR-EIC-ITIN Instructions or Publication OR-17 for www.oregon.gov/dor or contact us. additional information. Use Table 7 and the following worksheet to figure your Form Form credit. OR-40-N 59 OR-40-P 58 Table 7. EIC percentage Estimated tax payments for 2022. Enter the total estimated tax payments you made before filing your Age of youngest dependent Percentage of 2022 Oregon return. For calendar-year filers, these at end of tax year federal EITC payments were due April 18, 2022; June 15 2022; At least 3 years old, or no September 15, 2022; and January 17, 2023. Include all 9 percent (0.09) dependents payments you made up to the date you filed your origi- nal or amended return along with any payments from Younger than 3 12 percent (0.12) real estate transactions. Don’t include the amount 150-101-048-1 (Rev. 10-04-22) 23 2022 OR-40-N and Form OR-40-P Instructions |
Earned income credit worksheet — Less than 90 percent of your tax after all credits (including tax recaptures) was paid by April 18, 1. Enter your federal EITC from 1. 2023, or Form 1040 or 1040-SR, line 27. — You paid at least 90 percent of your tax after cred- 2. Enter the percentage from the 2. its (including tax recaptures) by April 18, 2023, but table as a decimal. you aren’t paying the balance of unpaid tax in full 3. Line 1 times line 2. 3. when you file. 4. Enter your Oregon percentage 4. The penalty for failure to pay is 5 percent of your tax from line 35, as a decimal. after all credits (including tax recaptures) that wasn’t 5. Line 3 times line 4. This is your 5. paid by April 18, 2023. Oregon earned income credit. Failure to file and pay. If both penalties apply, your total penalty will be 25 percent of your tax after all credits Form Form that wasn’t paid by April 18, 2023. OR-40-N 63 OR-40-P 62 First-time home buyer savings account (FTHBSA) pen- Total refundable credits from Schedule OR-ASC-NP. alty for nonqualified withdrawal. Include a penalty of Enter your total refundable credits from Schedule OR- 5 percent of the funds withdrawn from your FTHBSA ASC-NP, line H7. Include Schedule OR-ASC-NP with if you withdrew funds from your account for a purpose your return. other than pur chasing a home. No penalty will be imposed if: Penalties and interest • The account holder: — Dies. Form Form — Files bankruptcy. OR-40-N 67 OR-40-P 66 — Becomes permanently unable to regularly per- form work at a gainful and suitable occupation Your 2022 tax must be paid by April 18, 2023, even if due to loss of any bodily function. you requested an extension of time to file your return. • The funds are withdrawn more than 10 years after Your 2022 return must be filed by April 18, 2023. If you the account was opened. requested an extension, your return must be filed by This penalty is in addition to all other penalties pro- October 16, 2023. vided by law. Withdrawn funds that are subject to this penalty also must be added back to Oregon income. See Round the total of penalties and interest to the near- this topic in “Additions” in Publication OR-17. est whole dollar. For more information and examples showing how penalties and interest are calculated, see Interest on unpaid tax “Interest and penalties” in Publication OR-17. You’ll owe interest on the amount of tax that wasn’t paid by April 18, 2023. Interest starts accruing on April 19, Penalties 2023 and continues to accrue every day, including the Penalty amounts are based on the tax after all credits date of your payment. shown on your return. To find your tax after all credits, Interest is figured daily, based on a 365-day year. The start with your tax after standard, carryforward cred- annual interest rate for 2023 is 6 percent, or 0.0164 per- its, and tax recaptures (Form OR-40-N, line 56; Form cent per day. OR-40-P, line 55), then subtract the refundable credit To figure your interest, count the number of days start- amounts (Form OR-40-N, lines 61, 62, and 63; Form OR- ing with April 19, 2023, and ending with the date of 40-P, lines 60, 61, and 62). your payment. Multiply your unpaid tax by the num- • Failure-to-file penalty. Include a penalty for failure ber of days, then multiply that amount by 0.000164 (the to file a return if: daily rate converted to a decimal). — Your return is filed more than three months after Interest rate increase. If we bill you for unpaid tax, and the due date (or extension due date); and the tax isn’t paid in full within 60 days from the date of — You didn’t pay all of your tax by April 18, 2023. our billing notice, the annual interest rate increases by The penalty for failure to file is 20 percent of your tax 4 percentage points, to 10 percent. after all credits that wasn’t paid by April 18, 2023. Amended return. If you’re amending your return, cal- • Failure-to-pay penalty. Include a penalty for failure culate the interest based on the additional amount of to pay if: tax you must pay (line 5 of the Amended worksheet). 150-101-048-1 (Rev. 10-04-22) 24 2022 OR-40-N and Form OR-40-P Instructions |
Electronic payment from your checking or Form Form OR-40-N 68 OR-40-P 67 savings account You can pay your current year income taxes, 2023 esti- Interest on underpayment of estimated tax. Under- mated income taxes, any prior year taxes due, and payment interest is charged if: amended return taxes directly from your checking or • Your tax after all credits and withholding is $1,000 or savings account. There is no fee to use this service. more; This option is available only through our website. Go to • You were required to make estimated tax payments; Revenue Online at www.oregon.gov/dor. • One or more of your required installments was underpaid; and Direct debit may be available with e-filed returns at the • You don’t qualify for an exception. time of filing. Note: You could be charged interest on underpayment Credit card payments of estimated tax even if Form OR-40-N, line 65 or Form You can pay with your Discover, MasterCard, or Visa OR-40-P, line 64 shows a refund. credit card. The service provider will charge you a See Form OR-10 to determine if you owe underpayment convenience fee. The service provider will tell you interest or qualify for an exception. Download Form what the fee is during the transaction; you will have OR-10 from our website or you can contact us to order it. the option to continue or cancel the transaction before If you owe underpayment interest, enter the amount entering your credit card information. If you complete from line 33 of Form OR-10. If you qualify for an excep- the credit card transaction, you will receive a confirma- tion, enter the exception number from line 1 of the form tion number. Keep this confirmation number as proof inside box 68a on Form OR-40-N or box 67a on Form of payment—don’t send it with your return. OR-40-P. If you used the Annualized Income Work- To pay by credit card, go to Revenue Online at sheet (located in the Form OR-10 Instructions) to figure www.oregon.gov/dor. your interest, check box 68b on Form OR-40-N or box 67b on Form OR-40-P. Include Form OR-10 with your Check or money order return (along with any required statements if you’re • Make your check or money order payable to “Oregon claiming an exception). Keep the Annualized Income Department of Revenue.” Worksheet with your records. • Write all of the following on your payment: — The tax year (2022). — The form you’re filing (Oregon Form OR-40-N or Amount due OR-40-P). — The last four digits of your SSN or ITIN. Form Form OR-40-N 70 OR-40-P 69 • Use blue or black ballpoint ink. Don’t use red or pur- ple ink or gel pens. Amount you owe. Enter your total unpaid tax plus pen- • Don’t send cash or a postdated check. alties and interest. Note: If you have an overpayment Form OR-40-V. Use the voucher only if you’re mak- on Form OR-40-N, line 65 or Form OR-40-P, line 64 and ing a separate payment by check, cashier’s check, or the overpayment is less than the total penalties and money order. Don’t use the voucher if you’re including interest you entered on Form OR-40-N, line 69 or Form a payment with your return or making an electronic OR-40-P, line 68: payment. See Form OR-40-V instructions for additional • On Form OR-40-N, enter the amount from line 69 information and mailing address. minus the amount on line 65. Payment plan. If you can’t pay in full now, pay what you • On Form OR-40-P, enter the amount from line 68 can. Contact us and we will help you set up a payment minus the amount on line 64. plan for the amount you don’t pay with your return. Payment options Refund You may pay electronically with your checking or sav- ings account, credit card, check, cashier’s check, or Form Form money order. Cash payments can be made only at our OR-40-N 71 OR-40-P 70 main office in Salem. If the amount due is less than $2, no payment is required. Refund. Enter your overpayment minus any pen- alty or interest (Form OR-40-N, line 65 minus line 69; Form OR-40-P, line 64 minus line 68). Note: If the total 150-101-048-1 (Rev. 10-04-22) 25 2022 OR-40-N and Form OR-40-P Instructions |
penalty and interest is more than your overpayment, Form Form see the instructions for Form OR-40-N, line 70 or Form 73 OR-40-P 72 OR-40-N OR-40-P, line 69. Charitable checkoff. Enter the amount from line 30 of You have three years from the due date of the return Schedule OR-DONATE. For more information, see the to file a claim for your refund. By law, we can’t issue schedule instructions. You can download Schedule a refund if you file your return more than three years OR-DONATE from our website or you can contact us after the return’s due date (excluding extensions) or if to order it. the refund is less than $1. For more information about the time limit for claiming a refund, see “Payments and Note: If your refund—after being applied to an open refunds” in Publication OR-17. estimated tax account—is less than your total donation amount, your donations will be prorated. Interest on refunds. See “Payments and refunds” in Publication OR-17 for information about interest paid To make direct donations instead, you can find each on refunds. charity’s address listed on our website. Don’t mail your donations to us. Refund applications Instructions for amended returns. Enter the amount, If Form OR-40-N, line 71 or Form OR-40-P, line 70 shows if any, from a refund on your original return that a refund, you may use some or all of it to: you applied as charitable donations using Schedule • Make an estimated tax payment for a later year. OR-DONATE. If line 5 of the Amended worksheet • Donate to one or more of the charitable organizations shows a refund, you can donate some or all of it to one listed on Schedule OR-DONATE. or more of the listed charities. Include this amount • Make a deposit to an Oregon college or MFS 529 sav- and an amended Schedule OR-DONATE with your ings account. amended return. Note: The refund from your amended return will be applied as a donation for the calendar Each of these applications will reduce your refund. The year in which you’re filing it. combined total of all applications can’t be more than the amount of your refund. Form Form Note: A refund of overpaid tax will be offset against OR-40-N 74 OR-40-P 73 outstanding debt before any amount is applied or Oregon college or MFS 529 savings plan. Enter the refunded to you. amount from line 5 of Schedule OR-529. For minimum Instructions for amended returns. If line 5 of the deposit amounts and other information, see the sched- Amended worksheet shows a refund, you can use ule instructions. You can download the Schedule OR-529 some or all of it for the refund applications listed above. from our website or you can contact us to order it. However, you can’t reduce any amounts you’ve already Note: If the amount of your refund —after any appli- applied from a refund on your original return. See the cation to an open estimated tax account or charitable instructions for each application for details. checkoff donation—is less than the total amount you want to deposit, no deposit will be made. Form Form OR-40-N 72 OR-40-P 71 Instructions for amended returns. Enter the amount, if any, from a refund on your original return that you Open estimated tax account. Enter the amount of your applied as an Oregon college or MFS 529 savings plan refund you want to apply as a tax payment for a later deposit. If line 5 of the Amended worksheet shows a year. This amount will be applied to your open esti- refund, add the amount you want to apply as a deposit mated tax account (to a year where you will be filing a and include an amended Schedule OR-529 with your tax return). Generally, unless you’re filing a delinquent amended return. The refund will be applied for the or amended return, the payment will be applied to the year in which you’re filing the amended return. 2023 tax year. For more information, see “Payments and refunds” in Publication OR-17. Form Form OR-40-N 76 OR-40-P 75 Instructions for amended returns. Enter the amount, if any, from a refund on your original return that you’ve Net refund. You must reduce your refund by any already applied as an estimated tax payment for a later amounts applied to your open estimated tax account, year. If line 5 of the Amended worksheet shows a refund charitable checkoff donations, and Oregon college or and you want to apply some or all of it as an estimated MFS 529 savings plan accounts. By law, we can’t issue tax payment, include the amount you want to apply. or apply a refund if you file your return more than 150-101-048-1 (Rev. 10-04-22) 26 2022 OR-40-N and Form OR-40-P Instructions |
three years after the return’s due date (excluding Signing the return doesn’t grant your preparer the right extensions). to represent you or make decisions on your behalf. See the Tax Information Authorization and Power of Attorney Direct deposit for Representation form and instructions on our website for more information. Form Form OR-40-N 77 OR-40-P 76 Contact the following agencies to check the status of your Oregon tax practitioner: In most cases, we can deposit your refund directly into • State Board of Tax Practitioners at 503-378-4034 your checking or savings account instead of mailing (Salem) for licensed tax consultants or preparers, or you a check. However, federal banking regulations pre- go to www.oregon.gov/obtp. vent us from making a refund by direct deposit if the • State Board of Accountancy at 503-378-4181 (Salem) final destination is an account outside the U.S. In that for public accountants and certified public accoun- case, we must issue a paper check instead. tants, or go to www.oregon.gov/boa. Before you enter your information, verify that your Preparer license number. Licensed tax consultants and deposit will be accepted and confirm your correct routing tax preparers: enter your license number. CPAs: enter and account numbers. You can find a diagram of a per- your certificate number. Tax-Aide volunteers: enter sonal check showing where these numbers are located in your TCE site number. All others: leave blank. Don’t the “Payments and refunds” section of Publication OR-17. enter your driver license number. Follow these steps to make sure your refund will be deposited into the correct account: Before you file 1. Check the box if the final destination for your refund would be an account outside the U. S. Note: If Copy of federal return. Before you assemble your Ore- you check this box, you will be issued a paper check. gon return, make a copy of both sides of your federal 2. Check the appropriate box, either checking orsav- Form 1040 or 1040-SR along with Schedules 1 through 3 ings, but not both. (as applicable), 1040-X, or 1040-NR. 3. Enter your nine-digit routing number. Routing Don’t include any other federal schedules or an exten- numbers begin with the digits 01 through 12, 21 sion request unless instructed otherwise. Keep these through 32, or 61 through 72. with your records; we may ask for them later. 4. Enter your account number. Account numbers can If you created an “as if” federal return, use blue or black be up to 17 characters (both numbers and letters). ink to label it “as if” on the top left corner. Include it Don’t include hyphens, spaces, or special symbols. along with the copy of your actual federal return (and 5. Double-check the account and routing numbers. any amendments). These numbers can’t be changed after the return is filed. Failure to include your federal return will delay pro- cessing, and items claimed on your Oregon return may be adjusted or denied. Signature block Amended Oregon return. If you’re amending your Ore- Signature(s). Be sure to sign and date your return. If gon return due to changes to your federal return or a you’re filing a joint return, both taxpayers must sign. By return you filed with another state, include a copy of signing the return, you acknowledge, under penalty of your amended or corrected federal or other state return false swearing, that the information on the return and or audit report. If you’re amending only your Oregon any attachments is true, correct, and complete. return, include a copy of your original federal or other Minor child’s return. If your child can’t sign their tax state return. return, you may sign the child’s name as their legal Assemble your Oregon return. Assemble your return agent. Sign the child’s name, then write “By [your signa- in the order shown below. If a form has more than one ture], parent (or other legal guardian) of minor child.” page, be sure that you’ve included all pages and that Preparer signature. Anyone who prepares, advises, they’re all from the same 2022 form. For example, if or assists in preparing personal income tax returns you’re filing Schedule OR-WFHDC, Schedule OR-A, in exchange for compensation of any kind must be or Schedule OR-ASC-NP, be sure that “2022 Schedule licensed to prepare Oregon returns and must sign the OR-WFHDC”, “2022 Schedule OR-A” or “2022 Sched- return. ule OR-ASC-NP” is printed at the top of each page and 150-101-048-1 (Rev. 10-04-22) 27 2022 OR-40-N and Form OR-40-P Instructions |
that you’ve included all pages associated with each your return along with any payment by check, cashier’s schedule. check, or money order. Important: Don’t use staples, paperclips, tape, or Include a copy of your federal return (front and back) other fasteners. Doing so will delay processing. with your Oregon return. Include federal Schedules 1 through 3 (if applicable), butdon’t includeother federal 1. Payment by check or money order, if any. Don’t use schedules unless otherwise instructed. Place it behind a voucher. all Oregon forms and schedules. 2. Form(s) W-2 and 1099 showing Oregon tax withheld. Payment by check, cashier’s check, or money order 3. Form OR-40-N or Form OR-40-P. should be placed on top of your return. Don’t mail cash. 4. Schedule OR-A. Don’t use a voucher. 5. Schedule OR-ASC-NP. Don’t use staples, paper clips, tape, or other fasteners. 6. Schedule OR-ADD-DEP. Mail your return in a stamped envelope. Use a busi- 7. Schedule OR-DONATE. ness-size (4 × 9½ inches) or larger envelope with ade- 8. Schedule OR-529. quate postage. Don’t use a smaller envelope—it delays 9. Schedule OR-PTE-NR or OR-PTE-PY. processing. 10. Form OR-10. 11. Schedule OR-EIC-ITIN. Tax return mailing addresses 12. Schedule OR-WFHDC. 13. Other Oregon schedules required to be included Mail refund returns or Mail tax-to-pay with your return. no-tax-due returns to: returns to: 14. If you’re an RDP filing separately for Oregon, your REFUND Oregon Department of Revenue RDP’s Oregon return. PO Box 14700 PO Box 14555 15. Your federal return(s) and schedules. Salem OR 97309-0930 Salem OR 97309-0940 Note: If you’re making an estimated tax payment for 2023 by check or money order, send the payment in a separate envelope with a completed Form OR-40-V. Don’t include your 2023 payment or voucher with your 2022 return. Avoid processing delays Type or clearly print your name, SSN, date of birth, complete mailing address, and daytime phone number on your return. Include all pages of your Oregon return. Double-check your figures and other numbers, includ- ing your SSN. Errors will delay processing. Common mistakes are: • Math errors. • A wrong amount claimed for the federal tax liability subtraction. • Using the wrong line or column on the tax tables. • Using the wrong tax chart. If you have tax to pay, review the instructions for Form OR-40-N, line 70 or Form OR-40-P, line 69. Verify your account information if you’re requesting a refund by direct deposit. Sign your return. Both spouses must sign a joint return. Include legible copies of all W-2 and 1099 forms show- ing Oregon income tax withheld. Place them on top of 150-101-048-1 (Rev. 10-04-22) 28 2022 OR-40-N and Form OR-40-P Instructions |