Form OR-20 Instructions 2022 Oregon Corporation Excise Tax Contents Purpose of Form OR-20........................................ 2 Filing checklist Important reminders ............................................ 2 Due date of return, Extensions .......................................... 8 Payments ............................................................................... 8 What’s new and Looking ahead ............... 2, 3 Assembling your return ...................................................... 8 Estimated tax payments ..................................... 3 Mailing Addresses ................................................... 9 Filing information Form instructions Who must file with Oregon? ..............................................4 Heading and checkboxes ....................................................9 Filing requirements: consolidated returns, unitary Questions ............................................................................. 10 business, insurance affiliates, separate returns .......... 5 E-file .......................................................................................5 Line instructions Federal audit changes, Amended returns ........................ 5 Additions ............................................................................. 11 Protective claims ..................................................................6 Subtractions ........................................................................ 13 Tax ........................................................................................ 15 Special filing requirements Credits .................................................................................. 16 Agricultural or horticultural cooperatives .......................6 LIFO benefit recapture ...................................................... 16 Broadcasters .......................................................................... 6 Net excise tax ...................................................................... 16 Exempt organizations ..........................................................6 Payments, penalty, interest, and UND ............................ 16 Homeowners associations .................................................. 7 Schedule ES—Estimated tax payments, other Insurers .................................................................................. 7 prepayments, and refundable credits......................... 16 Interest charge domestic international Total due or refund ............................................................ 18 sales corporations (IC-DISCs) ........................................7 Limited liability companies (LLCs) ................................... 7 Do you have questions? .................................... 18 Political organizations ......................................................... 8 Appendices Publicly traded partnerships .............................................. 8 Appendix A, 2022 Schedule OR-ASC-CORP code list .... 19 Real Estate Investment Trusts (REITs) and Regulated Appendix B, 2022 Tax rates and minimum tax table .... 21 Investment Companies (RICs) ....................................... 8 Appendix C, Alternative apportionment .......................22 Real Estate Mortgage Investment Conduits (REMICs) ..... 8 Information contained herein is a guide. For complete details of law, refer to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). Go electronic! Fast • Accurate • Secure File corporation tax returns through the Federal/State Electronic Filing Program. See “E-file.” Visit us online: www.oregon.gov/dor • Registration and account status. • Online payments and communication. • Forms, instructions, and law. • Announcements and FAQ. • Updates to instructions. 150-102-020-1 (Rev. 10-28-22) 1 2022 Form OR-20 Instructions |
If a corporation manufactures or sells psilocybin prod- Purpose of Form OR-20 ucts, operates a psilo cybin service center, or facilitates psilocybin ser vices licensed by the Oregon Health Use Form OR-20, Oregon Corporation Excise Tax Return, Authority (OHA) under ORS Chapter 475A, the corpora- to calculate and report the Oregon corporate excise tax tion may subtract cer tain business expenses on the Ore- liability of a business entity taxable as a C corporation gon return that can’t be deducted on the federal return doing business in Oregon. due to IRC §280E. Federal law prohibits deductions for certain busi ness expenses if the business involves Important reminders the cul tivation, manufacture, distribution, or sale of certain controlled substances. Oregon law, however, If your registered corporation or insurance company allows a subtraction for the same ordinary and neces- isn’t doing business in Oregon and has no Oregon- sary expenses incurred for the business that are allowed source income, then you don’t need to file a corporation for other types of businesses operating in this state. If tax return. the expense would have been allowed for federal pur- poses, but the business falls within the Con trolled Sub- Revenue Online. Revenue Online provides convenient, stances Act (21 U.S.C. Sections 801 et seq.), a subtraction secure access to tools for managing your Oregon tax is allowed on your Oregon return. account. With Revenue Online, you may: • View your tax account. Credits • Make payments. • View correspondence we sent you. Individual Development Account (IDA) donations • Check the status of your refund. (ORS 315.271) For more information and instructions on setting up your For tax years beginning on or after January 1, 2022 Revenue Online account, visit www.oregon.gov/dor. and before January 1, 2028, this credit is allowed to be claimed for the prior year if the donation is made not later than April 15 following December 31 of the tax year What’s new for which the credit is claimed. This change is effective for tax years 2022 through 2027, for donations made prior Note: Not all information in this section pertains to all to April 15, 2028. See HB 2433 (2021). taxpayers or form types. If applicable, refer to House Bills (HB) or Senate Bills (SB) as shown. Oregon affordable housing lender’s credit (ORS 317.097) Visit www.oregon.gov/dor for possible updates to these instructions. Oregon statute was amended to allow a financial insti- tution to claim the tax credit by purchasing bonds if General the bond proceeds are used to finance the purchase of afford able housing. These amendments apply between Tie to federal tax law January 1, 2022 and January 1, 2026. See HB 2433 (2021). In general, Oregon is tied to the federal definition of tax- able income as of December 31, 2021; however, Oregon is Expired credits still disconnected from: The following tax credits are no longer available, includ- • Federal subsidies for prescription drug plans (IRC ing carryforwards: §139A; ORS 317.401). • Biomass production/collection (ORS 315.141) ...code 838 • Deferral of certain deductions for tax years beginning • Pollution control facilities (ORS 315.304) ...........code 857 on or after January 1, 2009 and before January 1, 2011 • Reforestation of underproductive forestlands may require subsequent Oregon modifications (IRC (ORS 315.104) ..........................................................code 867 §168(k) and §179; ORS 317.301). • Renewable Energy Development Fund contributions (ORS 315.326) ..........................................................code 859 Psilocybin business expenses ORS 317.363 allows Oregon corporation excise and income Form changes tax filers to subtract certain business expenses otherwise Question M has been repurposed. For 2022, check this barred by IRC §280E if the corporation is engaged in psi- box only if you or an affiliate included in this return locybin-related activities authorized by ORS 475A.210 to claim Oregon sales are protected from Oregon taxation 475A.722, the Oregon Psilocybin Services Act. Use sub- because of Public Law 86-272. traction code 385 on Schedule OR-ASC-CORP. 150-102-020-1 (Rev. 10-28-22) 2 2022 Form OR-20 Instructions |
• Fiscal year filers: The 15th day of the 4th, 6th, 9th, and Looking ahead 12th months of your fiscal year. • If the due date falls on a Saturday, Sunday, or legal NOL carryback holiday, use the next regular business day. SB 1524 (2022) allows taxpayers who use NAIC codes 111 Payment options or 112 (referring to taxpayers engaged in crop produc- tion, animal production or aquaculture) to claim a three- Important: For details about making payments with year NOL carryback. The three-year NOL carryback first your return, see “Filing checklist.” applies in tax years beginning on or after January 1, 2023, Estimated payments may be made by electronic funds and before January 1, 2029, and any tax year to which the transfer (EFT), online, or by mail. NOL may be carried back. For example, a taxpayer with a loss in tax year 2023 may carry their loss to tax year EFT. You must make your Oregon estimated payments 2020. by EFT if you’re required to make your federal estimated payments by EFT. We may grant a waiver from EFT pay- Tax credits ments if you’d be disadvantaged by the requirement HB 4002 (2022) creates a refundable tax credit for over- (ORS 314.518 and supporting administrative rules). time paid to agricultural workers. The tax credit equals a If you don’t meet the federal requirements for manda- percentage of actual agricultural worker overtime costs tory EFT payments, you may still make voluntary EFT paid by the taxpayer. The exact amount of the percent- payments. age depends on the year the overtime is paid, how many agricultural workers the taxpayer employs, and the type You can make EFT payments through Revenue Online or of agriculture the taxpayer practices. The credit applies through your financial institution. To learn more about to tax years beginning on or after January 1, 2023, and Revenue Online or to make an EFT payment, visit www. before January 1, 2029, and taxpayers will apply for the oregon.gov/dor. If you pay by EFT, don’t send Form tax credit through the department. Note that this tax OR-20-V, Oregon Corporation Tax Payment Voucher. credit can offset corporation minimum tax determined under ORS 317.090. Mail. If paying by mail, send each payment with a Form OR-20-V, payment voucher, to: Oregon Department SB 1502 (2022) creates a non-refundable tax credit equal of Revenue, PO Box 14950, Salem OR 97309-0950. to the stumpage value of timber (plus cost of appraisal and cost of filing and recording a deed restriction, minus Include on your check: costs of transportation to a mill) left standing on the land • Federal employer identification number (FEIN). of a small forestland owner. The amount of the tax credit • Tax year beginning and ending dates. is certified by the Department of Forestry. The tax credit • Contact phone. applies to tax years beginning on or after January 1, 2023. Estimated tax payments’ worksheet Estimated tax payments (Keep for your records—don’t file with your payment.) Requirements 1. Oregon net income expected in 1. Oregon estimated tax payment requirements aren’t the upcoming tax year. same as federal estimated tax payment requirements. 2. Tax on Oregon net income (see 2. You must make estimated tax payments if you expect to Appendix B). owe tax of $500 or more. This includes Oregon’s mini- mum tax. See ORS 314.505 to 314.525 and supporting 3. Subtract tax credits allowable 3. administrative rules. in upcoming tax year. Tax credits can’t be used to reduce If you don’t make estimated payments as required, you minimum tax. may be subject to interest on underpayment of estimated 4. Net tax (line 2 minus line 3). 4. tax (UND). Refer to Form OR-37 if you have an under- payment of estimated tax. If the amount on line 4 is less than $500, stop. You don’t have to make estimated tax payments. Payment due dates Caution: If your final tax Estimated tax payments are due quarterly, as follows: liability when you file your return is $500 or more, you may • Calendar year filers: April 15, June 15, September 15, be subject to UND. and December 15. 150-102-020-1 (Rev. 10-28-22) 3 2022 Form OR-20 Instructions |
5. Amount of each payment. 5. Excise or income tax? (Divide line 4 by the number of Oregon has two types of corporate taxes: excise and payments you need to make. income. Excise tax is the most common. Most corpora- This is usually 4.) tions don’t qualify for Oregon’s income tax. If your expected net tax changes during the year, refig- Excise tax is a tax for the privilege of doing business ure your estimated tax payments using the Estimated tax in Oregon. It’s measured by net income. Excise tax fil- payments’ worksheet. ers are subject to corporate minimum tax. Corporation excise tax laws are in Chapter 317 of the Oregon Revised To avoid additional charges for UND, you must pay the Statutes. amount of any prior underpayment plus the amount of Note: All interest on obligations of the 50 states and their the current required payment. subdivisions are subject to Oregon excise tax. Interest on Example: During the year, Corporation A’s expected net obligations of the United States and its instrumentalities tax increased from $2,000 to $6,000. Corporation A made are also subject to tax if the interest is taxable under the timely first and second quarter estimated payments of Internal Revenue Code and Congress has not chosen to $500 before its expected net tax increased. prevent the states from taxing the interest in question. A taxpayer has the burden of showing that Oregon can’t Corporation A should make four payments of $1,500 each tax the interest on a federal obligation. during the year. Because of its increased net tax, Corpo- Income tax is for corporations not doing business in ration A will be subject to UND charges for the first and Oregon, but with income from an Oregon source. Income second quarters. To avoid UND charges for the third and tax filers aren’t subject to corporate excise or minimum fourth quarters, Corporation A must make timely pay- tax. Corporation income tax laws are in Chapter 318 of ments of $3,500* for the third quarter and $1,500 for the the Oregon Revised Statutes. fourth quarter. What form do I use? *$1,000 for the first-quarter underpayment, plus $1,000 for the second-quarter underpayment, plus $1,500 for the Except as provided by Pub.L. 86-272, all corporations required third-quarter installment equals $3,500. doing business in Oregon must file Form OR-20, and are subject to the minimum excise tax. Any corporation doing business in Oregon is also required to register Filing information with the Secretary of State, Corporation Division. See www. sos.oregon.gov. Who must file with Oregon? “Doing business” means carrying on or being engaged Corporations that are doing business in Oregon, or with in any profit-seeking activity in Oregon. A taxpayer income from an Oregon source, are required to file an having one or more of the following in this state is clearly doing business in Oregon: Oregon corporation tax return. If you have tangible or intangible property or other assets in Oregon, any • A stock of goods. income you receive from that property or assets is Ore- • An office. gon source income. Public Law (Pub.L.) 86-272 provides • A place of business (other than an office) where affairs of the corporation are regularly conducted. exceptions to the Oregon filing requirement for certain • Employees or representatives with activities which go corporations doing business in Oregon. beyond the solicitation of orders for sales of tangible per- Exemption for emergency service providers. An out- sonal property. of-state emergency service provider is exempt from tax • An economic presence through which the taxpayer regularly takes advantage of Oregon’s economy to pro- when operating solely for the purposes of performing duce income. disaster or emergency-related work on critical infrastruc- ture. Disaster or emergency-related work conducted by Corporations not doing business in Oregon, but with an out-of-state business may not be used as the sole basis income from an Oregon source, must file Form OR-20-INC. Most corporations don’t fall within Oregon’s income tax for determining that a corporation is doing business in provisions. Oregon. Corporations not doing business in Oregon, and with Note: Oregon follows the federal entity classification no Oregon source income, even if incorporated in or regulations. If an entity is classified or taxed as a corpo- registered to do business in the state, aren’t subject to the ration for federal income tax purposes, it will be treated excise, income, or minimum tax, and aren’t required to as a corporation for Oregon tax purposes. file a corporation tax return. 150-102-020-1 (Rev. 10-28-22) 4 2022 Form OR-20 Instructions |
Important: Don’t file a Form OR-20 unless you’re required E-file to do so. Filing an unnecessary return may result in a bill- If you’re required to e-file with the IRS, you’re also ing for minimum tax. required to e-file for Oregon. We accept calendar year, fiscal year, short year, and amended electronic corpora- Filing requirements tion tax returns utilizing the IRS Modernized e-file plat- Consolidated federal returns (ORS 317.705–317.725). If a form (MeF). Beginning January 2023, we’ll accept e-filed corporation is a member of an affiliated group of corpo- returns for tax year 2022, and will continue accepting rations that filed a consolidated federal return, it must returns for 2021 and 2020. file an Oregon return based on that federal return. An Your tax return software also allows you to make elec- Oregon return, based on the federal consolidated return, tronic payments when e-filing your original return. is required when two or more affiliated corporations are: Note: Your paper return may be rejected if you’re • Included in a consolidated federal return; required to electronically file your Oregon corporation • Unitary; and tax return, unless a waiver request has been approved by • At least one of the affiliated corporations doing busi- us prior to the filing of the paper return. ness in Oregon or have Oregon-source income. If you’d like to request a waiver, send an email with Note: S corporations can’t be included in consolidated the FEIN, tax year, and reason you’re unable to e-file to federal returns. IRC §1361(b) provides that a corporation bus.electronicfiling @ dor.oregon.gov, prior to paper-fil- that’s a Qualified Subchapter S Subsidiary (QSSS) isn’t ing your return. treated as a separate corporation. All income, deduc- For a list of software vendors or for more information, tions, and credits of the QSSS will be treated as belong- search “e-filing” at www.oregon.gov/dor. ing to the parent S corporation. Unitary business. A business that has, directly or indi- Federal or other state audit changes rectly between members or parts of the enterprise, either If the IRS or other taxing authority changes or corrects a sharing or an exchange of value shown by: your federal or other state return for any tax year, you • Centralized management or a common executive force; must notify us. File an amended Oregon return and • Centralized administrative services or functions result- include a copy of the federal or other state audit report. ing in economies of scale; or Mail this separately from your current year’s return. • Flow of goods, capital resources, or services showing If you don’t amend or send a copy of the federal or other functional integration. state report, we have two years from the date we’re noti- Unitary insurance affiliates. If a unitary insurance fied of the change to issue a deficiency notice. To receive affiliate has a separate return filing requirement, it’s a refund you must file a claim for refund of tax within excluded from the Oregon return of the consolidated two years of the date of the federal or other state report. group. The insurance affiliate is treated as if it’s a non- unitary affiliate of the consolidated group by subtract- Amended returns ing income or adding losses to federal taxable income. Oregon doesn’t have an amended return form for corpo- The other members of the insurer’s federal consolidated rations. Use the form for the tax year you’re amending group receive a 100 percent dividend-received deduction and check the amended box. Always use your current for any dividend received from the insurer. See “Addi- address. If your address has changed, don’t use your old tions” and “Subtractions” below. address or our system will revert your current address Separate federal returns. Any corporation that files to the old address. a separate federal return must file a separate Oregon Fill in all amounts on your amended return, even if return if it’s doing business in Oregon or has income they’re the same as originally filed. If you’re amend- from an Oregon source. However, see special filing ing to change additions, subtractions, or credits, include requirements for REITs. detail of all items and amounts, including carryovers. A corporation subject to Oregon taxation must also file If you change taxable income by filing an original or a separate Oregon return if it was included in a consoli- amended federal or other state return, you must file an dated federal return, but wasn’t unitary with any of the amended Oregon return within 90 days of when the other affiliates. To determine Oregon taxable income, original or amended federal or other state return is filed begin with taxable income from the consolidated fed- (ORS 314.380). Include a copy of your original or amended eral return and use Oregon additions or subtractions to federal or other state return with your amended Oregon remove the nonunitary affiliates. return and explain the changes. 150-102-020-1 (Rev. 10-28-22) 5 2022 Form OR-20 Instructions |
If you filed Form OR-20-S, and later determined you OR-AP, under the heading “Describe the nature and should file Form OR-20, amend your return using Form provide the location(s) of your Oregon business activi- OR-20 and check the amended box. ties.” Include the description “Sales not done with or for You may make payments online for your amended members of the co-op.” return at www.oregon.gov/dor. Note: Generally, co-ops filing federal Form 1120-C Don’t make payments for amended returns with EFT. begin the Oregon return with line 25a from the federal This also applies to e-filed amended returns. For paper return (not line 28). You are also allowed a subtraction returns, you may pay online or include a check or money for patronage dividends, which is taken on Schedule order with your return. For e-filed returns, you may pay OR-ASC-CORP, code number 379 (ORS 317.010). online or send a check or money order separately. If you mail your payment separate from your return, write Broadcasters “Amended” on the payment and include a completed SB 136 (2021) defines broadcasting sales and repeals the Form OR-20-V with the amended box checked. interstate broadcaster provisions applicable before Janu- Don’t amend your Oregon return if you amend the fed- ary 1, 2020. eral return to carry a net operating loss back to prior For tax years beginning on or after January 1, 2020, tax- years. Oregon allows corporations to carry net operat- payers with broadcasting sales must use an audience/ ing losses forward only. subscriber factor, as demonstrated through the use of On the estimated tax payments line of your amended third-party ratings information or the taxpayer’s books, Form OR-20, enter the net excise tax per the original papers, records, or memoranda, to source their broad- return or as previously adjusted. Don’t include any pen- casting sales to Oregon. Taxpayers with broadcasting alty or interest portions of payments already made. sales may elect to apply their audience/subscriber factor If paying additional tax with your amended return, you to all their gross receipts except sales of real property must include interest with your payment. Interest is fig- and tangible personal property. In certain circumstances, ured from the day after the due date of your original taxpayers may source receipts from advertising on or return up to the day we receive your full payment. See licensing to subscription services using a statutorily pre- “Interest rates.” scribed 0.6% apportionment factor. See SB 136 for more information. Pay all tax and interest due with your amended return or within 30 days of receiving a billing notice from us to Exempt organizations avoid being charged a 5 percent late payment penalty. If you’re an exempt organization under IRC §§501(c) Protective claims through (f), 501(j), 501(n), 521, or 529, you’re exempt from Oregon corporation taxes [ORS 317.080 (1)–(8)]. Apply to Don’t file an amended return as a protective claim. the IRS for exempt status, don’t apply to us. Two excep- Use Oregon Form OR-PCR, Protective Claim for Refund, tions are nonprofit homes for the elderly and people’s 150-101-184, when your claim to a refund is contingent utility districts established under ORS Chapter 261. on a pending court decision or legislative action. Notify us within 90 days of the final determination by filing an If you’re exempt from Oregon tax and don’t have unre- amended return. Don’t file an amended return before lated business taxable income (UBTI) as defined in IRC the pending action is final. §512, don’t file an Oregon tax return. UBTI is gross unre- lated business income less allowable deductions, includ- ing a special $1,000 deduction. Special filing requirements If you have UBTI, file Form OR-20 and include a copy Agricultural or horticultural cooperatives of your federal Form 990-T. Organizations exempt from federal tax, but not exempt from Oregon tax, must also For purposes of the corporate minimum tax only, the file Form OR-20 and include a copy of federal Form 990-T. Oregon sales of agricultural or horticultural coopera- tives doesn’t include sales representing business done An exempt organization filing Oregon Form OR-20 is with or for the cooperative’s members. If you’re an agri- subject to the greater of calculated excise tax based on cultural or horticultural cooperative, check the box in the UBTI apportioned or allocated to Oregon or Oregon header for Ag co-op. minimum tax. For minimum tax purposes, include in “Oregon sales” only gross unrelated business income Your Schedule OR-AP, part 1, must show all sales apportioned or allocated to Oregon. Tax-exempt gross in Oregon and elsewhere to correctly compute your income isn’t included. apportionment percentage. However, for minimum tax purposes, show the amount of sales not done with or Note: Some religious organizations that qualify under for members of the co-op in the header of the Schedule IRC § 501(d) may file as partnerships. 150-102-020-1 (Rev. 10-28-22) 6 2022 Form OR-20 Instructions |
Homeowners associations extent it has transactions with related parties. If you have transactions other than with related parties, com- A homeowners association organized and operated plete your Form OR-20 as a normal corporation filer, under IRC §528(c) may elect to be treated as a tax-exempt and check the IC-DISC checkbox in the return header. organization (ORS 317.080). The association must make the election no later than the time prescribed by law for The Oregon IC-DISC return is due by the 15th day of the filing the return. A copy of the federal Form 1120-H filed month following the due date of the federal return. For with the IRS will constitute this election when filed with example, a calendar-year federal Form 1120-IC-DISC is us. Tax-exempt status will only exempt the association due nine months after the year-end (September 15). The from tax on the exempt function income, such as mem- Oregon return for the IC-DISC is due October 15. bership dues, fees, and assessments from member-own- If the 15th falls on a Saturday, Sunday, or legal holiday, ers of residential units in the particular condominium or the due date is the next business day. No extensions are subdivision involved. Oregon follows the federal defini- allowed for IC-DISC returns per federal and Oregon laws. tion of nonexempt function income. Don’t file Form OR-20 if you don’t have nonexempt Form OR-20 line instructions for IC-DISCs function income for Oregon tax purposes. Only file a (formed on or before January 1, 2014) copy of your federal Form 1120-H with us. Important: Check the IC-DISC box at the top of the form. File an Oregon Form OR-20, with a copy of federal Form 1120-H, if the association has taxable income. Homeown- Line 1. Taxable income from the U.S. Corporation Income ers association taxable income for Oregon is generally Tax Return. Enter the “total commissions received” the same as for federal purposes. It’s gross nonexempt reported for federal income tax purposes [federal income less directly-related deductions, less the specific Form 1120-IC-DISC, Schedule B, column c, lines 1c, 2k, and $100 deduction. However, net capital gains are included 3g]. Carry this amount to: in the computation and receive no special treatment. • Line 3—Income after additions; An association filing Oregon Form OR-20 is subject to • Line 5—Income before net loss deductions; and the greater of calculated excise tax or Oregon minimum • Line 9—Oregon taxable income. tax. For minimum tax purposes, include in “Oregon Line 10. Calculated excise tax. Multiply the amount sales” only Oregon nonexempt function income. from line 9 by 2.5 percent. Enter the result. Carry this amount to: Insurers • Line 14—Tax; Insurers that have a separate return filing require- • Line 16—Tax before credits; ment under ORS 317.710(5) and (7) can’t be included in • Line 20—Excise tax after credits; and an Oregon consolidated return. Instead, they generally • Line 22—Net excise tax. determine Oregon corporate excise tax on a separate basis. The remaining affiliates in the Oregon consoli- Limited liability companies (LLCs) dated return compute their modified federal consoli- dated taxable income after exclusion of the insurer with Oregon follows federal law in determining how an LLC the separate return filing requirement. Also, the Oregon is taxed. Federal law doesn’t recognize an LLC as a clas- consolidated return receives a 100 percent dividends- sification for federal tax purposes. An LLC business received deduction if a dividend is paid by an insurer entity must file a corporation, partnership, or sole pro- that has a separate return filing requirement. See Form prietorship tax return, depending on elections made by OR-20-INS and instructions for more information about the LLC and the number of members. insurance company filing requirements. A multi-member LLC can be either a partnership or a corporation, including an S corporation. A single mem- Interest charge domestic international sales ber LLC (SMLLC) can be either a corporation or a single corporations (IC-DISCs) (ORS 317.283, 317.635) member “disregarded entity.” Refer to federal law for more information and requirements. If your corporation is an IC-DISC, file Form OR-20 and check the IC-DISC checkbox at the top of the form. An LLC taxed as a C corporation must file Form OR-20 if doing business in Oregon, or Form OR-20-INC if not • An IC-DISC formed on or before January 1, 2014 is doing business in Oregon but receiving Oregon-source exempt from minimum tax. Complete your Form income. The LLC must file Form OR-20-S if the entity OR-20 using the instructions below. files federal Form 1120-S. • Commissions received by an IC-DISC formed on or before January 1, 2014 are taxed at 2.5 percent. An LLC taxed as a partnership must file Form OR-65, • An IC-DISC formed after January 1, 2014 isn’t exempt Oregon Partnership Return, if doing business in Oregon, from minimum tax. However, it’s disregarded to the or if receiving Oregon-source income, or if it has any 150-102-020-1 (Rev. 10-28-22) 7 2022 Form OR-20 Instructions |
Oregon resident members. If the LLC has a corporate chapter 317 or 318 and calculates their Oregon apportion- member, the member is taxed on its share of the LLC’s ment factors and Oregon net income in the same manner Oregon income. as a corporation with a separate filing requirement under ORS 317.710. REITs or RICs doing business in Oregon are If an LLC is part of a corporation’s overall business oper- subject to Oregon minimum tax. Business trusts that ations and is treated as a partnership, include the corpo- qualify as REITs filing separate returns aren’t allowed ration’s ownership share of LLC property, payroll, and an Oregon deduction for net losses of prior years. sales in the corporation’s apportionment percentage cal- culation on Schedule OR-AP (ORS 314.650 and support- Distributions from a REIT or RIC to its shareholders are ing administrative rules). treated the same as distributions from a corporation to its shareholders for purposes of ORS chapters 316, 317, Foreign LLCs are identified as unincorporated associa- and 318. tions organized under the laws of a state other than Ore- gon, or a foreign country. Oregon’s definition of a foreign LLC includes an unincorporated association organized Real Estate Mortgage Investment Conduits under the laws of a federally recognized American (REMICs) Indian tribe, no matter when organized. A REMIC isn’t subject to Oregon tax; the income is tax- able to the holders of the REMIC’s interests under ORS Political organizations Chapter 316, 317, or 318, whichever is applicable. A Political organizations (for example, campaign commit- REMIC must file Form OR-20-INC if it receives prohib- tees and political parties) normally don’t pay state or fed- ited transaction income from Oregon sources. eral taxes. However, income earned from investments is All REMICs required to file must include a complete taxable. Examples include interest earned on deposits; copy of federal Form 1066. The REMIC must also include dividends from contributed stock, rents, or royalties; and a federal Schedule Q for each residual interest holder for gains from the sale of contributed property. We follow each quarter of the tax year. Report the amount of net the federal definitions of political organizations and tax- income from prohibited transactions from federal Form able income. 1066 Schedule J (ORS 314.260). A political organization that isn’t incorporated and hasn’t elected to be taxed as a corporation should file a personal Filing checklist income tax return under ORS 316.277(2). Rounding to whole dollars. Enter amounts on the return For more information, including how to file your return, and accompanying schedules as whole dollars only. go to www.oregon.gov/dor/business. Example: $4,681.55 becomes $4,682; and $8,775.22 becomes $8,775. Publicly traded partnerships • Due date of your return. Returns are due by the 15th A “publicly traded partnership” is a partnership treated day of the month following the due date of your fed- as a corporation for federal tax purposes under IRC §7704. eral corporation return. When the 15th day falls on a The partners in a publicly traded partnership aren’t Saturday, Sunday, or legal holiday, the due date is the subject to tax on their distributive shares of partnership next business day. income. A publicly traded partnership taxed as a corpo- • Extensions. See the instructions below for the exten- ration must file Form OR-20 if doing business in Oregon, sion checkbox. When you file, include the extension as or Form OR-20-INC if not doing business in Oregon but the final page of your return. is receiving Oregon-source income. • Payments. Real Estate Investment Trusts (REITs) and ° Payments received after the original due date will be Regulated Investment Companies (RICs) applied first to penalty, then to interest, and then to tax [ORS 305.265(13)]. A REIT or RIC that isn’t included in a federal consoli- ° Estimated payments and prepayments. Identify all dated return based on the provisions of IRC §1504(b)(4) estimated payments claimed by completing Sched- must be included in the Oregon consolidated return. ule ES on page 5 of your return. List all payments These REITs or RICs are subject to the provisions of that were submitted prior to filing your return. ORS 317.715 and supporting administrative rules. For Include the corporation name and FEIN if a payment apportioning taxpayers, factors from the REIT or RIC are was made by an affiliate of the filing corporation. included in the apportionment calculation of the consoli- Missing or incomplete information on payments dated Oregon return. made by an affiliate could result in a billing. A REIT or RIC that isn’t required to be included in an ° Online payments. You may pay online for any Oregon consolidated return is subject to tax under ORS return at www.oregon.gov/dor. Search “payments.” 150-102-020-1 (Rev. 10-28-22) 8 2022 Form OR-20 Instructions |
° Making electronic payments with your e-filed return. We accept electronic payments when e-filing Form instructions your original return. Heading and checkboxes ° Making check or money order payments with your paper return. Make your check or money order pay- • OR-FCG-20 checkbox. A reduced tax rate is available able to Oregon Department of Revenue. Write the if you sold or exchanged capital assets used in farm- following on your check or money order: ing. Complete Schedule OR-FCG-20 and check the box — Filer FEIN. in the header of the form. — Tax year beginning and ending dates. • Extension checkbox. For an Oregon extension when — Contact phone. you’re also filing for a federal extension: Send a copy ° To speed up processing of your return: of the federal extension with the Oregon return when — Don’t use Form OR-20-V payment voucher. you file. Check the extension checkbox on your Ore- — Don’t staple payment to the return. gon return and include a copy of the extension after all — Don’t send cash or postdated checks. other enclosures. — Don’t use red or purple or any gel ink. For an “Oregon only” extension: Answer question 1 on • Assembling your return. Assemble your Oregon federal extension Form 7004, write “For Oregon Only” return forms in the following order: at the top of the form, and include it with your Oregon 1. Form OR-20, Oregon Corporation Excise Tax Return; return when you file. Check the extension checkbox 2. Schedule OR-AP, Apportionment of Income for Corpo- on the Oregon return. rations and Partnerships; The Oregon extension due date is the 15th day of the 3. Schedule OR-AF, Schedule of Affiliates; month following the federal extension’s due date. Don’t 4. Schedule OR-PI, Schedule of Partnership Information; send the extension before you file your Oregon return. 5. Schedule OR-ASC-CORP, Oregon Adjustments; More time to file doesn’t mean more time to pay your 6. Form OR-37, Underpayment of Oregon Corporation tax. To avoid penalty and interest, pay your tax due Estimated Tax; online, or by mail with Form OR-20-V, by the original 7. Form OR-DRD, Dividends-Received Deduction; due date of your return. Note: Filing Form OR-20-V 8. Form OR-24, Like-Kind Exchanges/Involuntary isn’t an extension of time to file your tax return. Conversions; If you’re making an extension payment by mail, send 9. Schedule OR-FCG-20, Farm Liquidation Long-Term the payment to: Oregon Department of Revenue, PO Capital Gain Tax Adjustment; Box 14950, Salem OR 97309-0950. 10. Other Oregon statements; 11. Oregon credit forms including notice of credit Include on your check: transfers; ° FEIN. 12. Copy of federal tax return and schedules; and ° “Extension.” Form 7004, Federal extension. ° Tax year beginning and ending dates. ° Contact phone. • Form OR-37 checkbox. If you have an underpayment Mailing Addresses of estimated tax, you must include a completed Form Tax-due returns, with or without payment, mail to: OR-37. Check the Form OR-37 box in the header of your Oregon Department of Revenue return. PO Box 14790 Use Form OR-37 to: Salem OR 97309-0470 ° Calculate the amount of underpayment of estimated (Do NOT include a payment voucher.) tax; Refunds or no tax-due returns, mail to: ° Compute the amount of interest you owe on the Oregon Department of Revenue underpayment; or PO Box 14777 ° Show you meet an exception to the payment of Salem OR 97309-0960 interest. Check or money order payments only, mail to: • REIT/RIC checkbox. If you participated in a REIT or Oregon Department of Revenue RIC, you must check the appropriate box in the header PO Box 14950 area of the Oregon tax return. Salem OR 97309-0950 • Amended checkbox. Check the amended box if this is (Include Form OR-20-V payment voucher.) an amended return. 150-102-020-1 (Rev. 10-28-22) 9 2022 Form OR-20 Instructions |
• Form OR-24 checkbox. Corporations may defer, the minimum tax, your minimum tax shall be appor- for Oregon tax purposes, all gains realized in the tioned as follows: exchange of like-kind property and involuntary con- Annualize Oregon sales by multiplying actual Oregon versions under IRC §1031 or §1033, even though the sales by 12 and dividing by the number of months in replacement property is outside Oregon. Oregon will the short period. Use the minimum tax table in Appen- tax the deferred gain when it’s included in federal tax- dix B to determine minimum tax on annualized Ore- able income. gon sales. Include a copy of your Oregon Form OR-24, Like-Kind Apportion the minimum tax determined above by Exchanges/Involuntary Conversions, 150-800-734, with multiplying by the total number of months in the short your Oregon return and check the Form OR-24 box if period and dividing it by 12. all of the following apply: • Alternative apportionment checkbox. See Appendix ° The corporation reported deferred gain on a federal C for complete information. Check this box if you have Form 8824; included a request with your return. ° All or part of the property exchanged or given up Name. Generally, a consolidated Oregon return is filed was located in Oregon; and in the name of the common parent corporation. If the ° All or part of the acquired property was located out- parent corporation isn’t doing business in Oregon, file side of Oregon. the return in the name of the member of the group hav- For a more detailed explanation, see ORS 314.650 and ing the greatest presence in Oregon. “Having the great- 314.665 and supporting administrative rules regarding est presence” means that the member has the largest apportionment of deferred gain. Oregon property value as determined under ORS 314.655 (see Schedule OR-AP). • IC-DISC checkbox. Check this box if you are an IC- DISC regardless of what date you were formed. See • Legal name. Enter the corporation’s current legal “Special filing requirements” for more information. name as set forth in the articles of incorporation or other legal document. • Ag co-op checkbox. Check this box if your corporation • FEIN. Enter the FEIN of the corporation named as the qualifies as an agricultural or horticultural coopera- filer on the consolidated Oregon return. tive and you’re determining Oregon sales for mini- mum tax purposes differently than the Oregon sales • DBA/ABN. If the corporation is doing business under reported on Schedule OR-AP, part 1. See “Special filing a different name, for example, DBA or ABN, enter that requirements” for more information. name. • Federal Form 8886 checkbox and reportable transac- • Current address. Always enter the corporation’s cur- tions. If you’re required to report listed or reportable rent address. If the address for the year you’re filing has changed, don’t use the old address or our system transactions to the IRS on federal Form 8886, you must will revert your current address to the old address. check this box. We’ll assess penalties if you don’t com- ply with this requirement. Questions • Global intangible low-taxed income (GILTI) included Questions A–C. Complete only if this is your first return on federal return. If you included GILTI on your federal or the answer changed during the tax year. return, check this box. Question D. Refer to the current list of North American • Accounting period change checkbox. Check this box Industry Classification System (NAICS) codes found only if both of the following apply: with your federal tax return instructions. Only enter the ° The excise tax return covers a period of less than 12 code if this is your first return, the current code is dif- months; and ferent than you reported last year, or your code begins ° The short-period return is due to a qualified change with “111” or “112”. in accounting period per IRC §§441 to 444. Question E(1). Check this box if you filed a consolidated Note: A short-period return doesn’t automatically con- federal return. Include a list of the corporations included stitute a qualified change in accounting period. A tax- in the consolidated federal return. payer that isn’t in existence for the entire year shouldn’t Question E(2). Check this box if you filed a consolidated check this box. This includes subsidiaries that join or Oregon return. Complete Schedule OR-AF, Schedule of leave a consolidated filing group, and newly formed or Affiliates, and list only the corporations included in the dissolved corporations. consolidated Oregon return that: If you file a short-period return due to a qualified • Are doing business in Oregon; or change in accounting period and you’re subject to • Have income from Oregon sources. 150-102-020-1 (Rev. 10-28-22) 10 2022 Form OR-20 Instructions |
Question E(3). Check this box if it applies. Include a Additions list of corporations included in the consolidated federal Line 2. Total additions from Schedule OR-ASC-CORP, return that aren’t included in this Oregon return. List Section A. The amount by which any item of income is each corporation’s name and FEIN. Note: Include a copy greater under Oregon law than under federal law, or the of your federal return and schedules as filed with the amount by which any allowable deduction is less under IRS. Oregon law than under federal law, is an addition on Question F. If the filing corporation (shown above as your Oregon return. legal name) is a subsidiary in an affiliated group, or a Use Schedule OR-ASC-CORP, Section A, to report the subsidiary in a parent-subsidiary controlled group, enter amount and description code of each difference. Use the the name and FEIN of the parent corporation. For def- description code from the list in Appendix A. The total inition of a subsidiary in an affiliated group or a par- of all additions are entered on Form OR-20, line 2. ent-subsidiary controlled group, see federal Form 1120, Additions include: Schedule K. • Bad debt reserve addition of a financial institution Question G. Enter the total number of corporations to the extent that the federal amount exceeds the doing business in Oregon that are included in this return. amount that’s allowable for Oregon. The bad debt method of financial institutions is tied to the federal Question L. Utility or telecommunications compa- method. For taxpayers required to use the specific nies. Taxpayers primarily engaged in utilities or tele- write-off method, an addition must be made if the communications may elect to apportion income using a amortization of the federal reserve is less than the double-weighted sales factor formula (ORS 314.280 and amortization of the Oregon reserve (ORS 317.310). supporting administrative rules). Check the box if mak- • Capital construction fund. Amounts deferred under ing this election. Section 607 of the Merchant Marine Act of 1936 and Question M. PL86-272 protected affiliate(s). Check this IRC §7518 must be added back to federal taxable box only if you or an affiliate included in this return income (ORS 317.319). claim Oregon sales are protected from Oregon taxation • Charitable donations not allowed for Oregon. Dona- because of Public Law 86-272. tions to a charitable organization that has received a disqualifying order from the Attorney General aren’t Question N. Total Oregon sales. deductible as charitable donations for Oregon tax pur- • Apportioned returns. Enter the amount of Oregon poses. Such organizations are required to provide a sales from Schedule OR-AP, line 22(a) and OAR disclosure to a donor to acknowledge this. The Attor- 150-317-0540. ney General will publish online and otherwise make publicly available information identifying the chari- • Nonapportioned returns. Enter the amount of sales table organizations receiving a disqualification order. as defined by ORS 314.665. Generally, C corporations If you claimed a federal deduction, an addition must doing business only within Oregon will calculate Ore- be made on your Oregon return for donations to such gon sales by adding: charitable organizations (ORS 317.491). ° Gross receipts from sales of inventory (less returns • Child Care Office contributions carryover. Any and allowances), equipment, and other assets; deduction claimed on your federal return must be ° Gross rent and lease payments received; and added back to federal taxable income on your Oregon ° Gross receipts from the performance of services. return if you claim the Oregon credit (ORS 315.213). Note: (This is a non-exclusive list.) • Claim of right income repayment adjustment when credit’s claimed. The deduction under IRC §1341 on Generally, for purposes of determining minimum tax, the federal return must be added back to federal tax- the calculation for Oregon sales includes gross business able income on your Oregon return if the Oregon cred- income amounts from federal Form 1120, lines 1c and 5 it’s claimed (ORS 317.388). through 10. Include positive numbers only. • CPAR addition. If you’re an owner of a partnership that was subject to a partnership-level audit by the Line instructions IRS (or you’re an owner of a tiered partner of such a partnership), you may have to increase or decrease Line 1. Taxable income from U.S. corporation income your Oregon income as a result of the audit. Report an tax return. Enter the taxable income reported for federal increase in income using addition code 187 or report a income tax purposes before net operating loss or special decrease in income using subtraction code 384, which- deductions (federal Form 1120, line 28). ever is applicable. Use these codes even if another 150-102-020-1 (Rev. 10-28-22) 11 2022 Form OR-20 Instructions |
code is assigned for the specific type of increased or ° The owner and the user aren’t included in the same decreased income (ORS 314.733). Visit our website for Oregon tax return; and more information. ° The separation of ownership of the intangible asset from the user of the intangible asset results in either: • Deferred gain recognized from out-of-state disposi- evasion of tax or a computation of Oregon taxable tion of property acquired in an IRC §1031 or §1033 income that isn’t clearly reflective of Oregon busi- exchange. See ORS 317.327 regarding the computation ness income. of the addition if gain or loss is recognized for federal tax purposes but not taken into account in the compu- If the owner also files an Oregon return, the owner tation of Oregon taxable income. of the intangible asset must report the correspond- ing royalty or other income as a negative addition on • Depletion (percentage in excess of cost). Add the fed- Schedule OR-ASC-CORP, Section A (ORS 314.295 and eral deduction that is in excess of the Oregon allow- supporting administrative rules). ance for depletion (ORS 317.374). • Interest income excluded from the federal return. • Depreciation differences. If your Oregon deprecia- Oregon gross income includes interest on all state and tion isn’t the same as your federal depreciation, the municipal bonds excluded for federal tax purposes. difference is a required modification to your Oregon Reduce the addition by any interest incurred to carry return (ORS 317.301). Use Schedule OR-DEPR to deter- the obligations and by any expenses incurred in pro- mine the Oregon modification. ducing this interest income (ORS 317.309). • Gain or loss on the disposition of depreciable prop- • Inventory costs. The costs allocable to inventory are erty. Add the difference in gain or loss on sale of busi- the same as those included in IRC §263A. Differences ness assets when your Oregon basis is less than your in depreciation and depletion allocable to inventory federal basis (ORS 317.356 and OAR 150-317-0420). result in a modification [ORS 314.287(3)]. • Global intangible low-taxed income (GILTI) under • IRC §139A federal subsidies for prescription drug IRC Section 250. You must add back any GILTI amount plans. For federal purposes, taxpayers can exclude not included in Line 1 of your Oregon return. Gener- from taxable income certain federal subsidies for ally, the federal deduction is taken on line 29b of fed- prescription drug plans per IRC §139A. However, for eral Form 1120 and doesn’t impact the Oregon return. Oregon purposes, this federally excluded income is an However, if any amount was omitted or deducted in addition on the Oregon return (ORS 317.401). determining federal income carried to line 1 of your Oregon return, it must be added back before a subtrac- • IRC §631(a) treatment of timber isn’t recognized by tion can be claimed. Report the Oregon addition (if Oregon. Both beginning and ending inventories must any) on Schedule OR-ASC-CORP using code number be adjusted for IRC §631(a) gain. For Oregon purposes, 186 (ORS 317.267). there’s no taxable event until actual sale (ORS 317.362). • Income from sources outside the United States. Add • Losses of nonunitary corporations. Net losses of non- income from sources outside the United States, as unitary corporations included in a consolidated federal defined in IRC §862, not included in federal taxable return must be eliminated from the Oregon return. income under IRC §§861 to 864 (ORS 317.625). Net losses include the separate loss as determined under Treasury Regulations adopted for IRC §1502, • Income of related FSC or DISC. Net income or loss and deductions, additions, or items of income, expense, must be included in the net income of the related U.S. gain, or loss for which the consolidated treatment is affiliate if the related FSC or DISC doesn’t qualify for prescribed. Include a schedule showing your compu- ORS 317.283(2) treatment. (ORS 317.283 and 317.286). tation of the total net loss eliminated [ORS 317.715(2)]. • Individual Development Account credit. Donations • Losses of unitary insurance affiliates. If a unitary deducted on the federal return must be added back to insurance affiliate has a separate return filing require- federal taxable income if the Oregon credit’s claimed ment, they’re excluded from the consolidated Oregon [ORS 315.271(2)]. return. The insurance affiliate is treated as if it’s a non- • Intercompany transactions involving intangible unitary affiliate of its consolidated group and the loss assets. The user of the intangible asset must add the (if any) is an addition (ORS 317.715). royalty or other expense for such use to federal taxable • Net federal capital loss deduction. If the Oregon and income as an addition on the Oregon tax return if: federal capital loss deductions are different, add the ° An intangible asset is owned by one corporation or federal capital loss back to federal taxable income. The business (the owner), and used by another (the user) Oregon capital loss will be deducted after subtrac- for a royalty or other fee; tions (and apportionment for corporations required to ° Both the owner and the user are “owned by the same apportion income) to arrive at Oregon taxable income interests,” as defined in Treas. Reg. §1.469-4T(w); (ORS 317.013 and supporting administrative rules). 150-102-020-1 (Rev. 10-28-22) 12 2022 Form OR-20 Instructions |
• Opportunity Grant Fund (auction). Any federal deduc- • Bad debt reserve addition of a financial institution tion for contributions for which an Opportunity Grant to the extent that the Oregon amount exceeds the Fund tax credit certification is made must be added to amount that’s allowed on the federal return. A sub- federal taxable income ORS 315.643). traction is also made if the amortization of the federal reserve is greater than the amortization of the Oregon • Oregon excise tax and other state or foreign taxes reserve (ORS 317.310). on or measured by net income. Oregon excise tax may not be deducted on the Oregon return. Taxes of • Charitable contribution. Subtract the amount by other states or foreign governments on or measured which a corporation must reduce its charitable contri- by net income or profits may not be deducted on the bution deduction under IRC §170(d)(2)(B) (ORS 317.307 Oregon return. If you subtracted these taxes on your and OAR 150-317-0350). federal return, you must add them back on your Ore- gon return. However, the Oregon minimum tax and • CPAR subtraction. If you’re an owner of a partner- local taxes, such as the Multnomah County Business ship that was subject to a partnership-level audit by Income tax, are deductible, and aren’t required to be the IRS (or you’re an owner of a tiered partner of such added back (ORS 317.314). a partnership), you may have to increase or decrease your Oregon income as a result of the audit. Report an • Oregon production investment fund. Add back the increase in income using addition code 187 or report a amount of contribution for which a tax credit certifica- decrease in income using subtraction code 384, which- tion is made that’s allowed as a deduction for federal ever is applicable. Use these codes even if another tax purposes (ORS 315.514). code is assigned for the specific type of increased or • REITs and RICs. A REIT or RIC meeting the federal decreased income (ORS 314.733). Visit our website for affiliate definition must be included in the consoli- more information. dated Oregon return. This is an Oregon modification • Deferred gain recognized from out-of-state disposi- (addition or subtraction) to federal taxable income. For tion of property acquired in an IRC §1031 or §1033 apportioning taxpayers, factors from the REIT or RIC exchange. See ORS 317.327 regarding the computa- are included in the apportionment calculation of the tion of the subtraction if gain or loss is recognized for consolidated Oregon return (ORS 317.010 and support- federal tax purposes but not taken into account in the ing administrative rules). computation of Oregon taxable income. • Safe harbor lease agreements. Oregon doesn’t tie • Depletion. Subtract the Oregon allowance for deple- to the federal safe harbor lease provisions. See ORS tion that is in excess of the federal deduction for deple- 317.349 and supporting administrative rules for details tion (ORS 317.374). about the adjustments required for Oregon. • Depreciation differences. If your Oregon deprecia- • University venture development fund contributions. tion isn’t the same as your federal depreciation, the Add to federal taxable income the amount of contri- difference is a required modification to your Oregon butions used to calculate the University Venture Fund return (ORS 317.301). Use Schedule OR-DEPR to deter- Contribution credit that were deducted from federal mine the Oregon modification. taxable income (ORS 315.521). • Dividend deduction. A 70 percent deduction is • Unused business credits. Unused business credits allowed for qualifying dividends regardless of geo- taken as a federal deduction under IRC §196 must be graphic source. An 80 percent deduction is allowed for added back to federal taxable income (ORS 317.304). dividends received from corporations whose stock is Line 3. Income after additions (line 1 minus line 2). owned 20 percent or more. Use Oregon Form OR-DRD for computing the Oregon dividend deduction and Subtractions include it with your return (ORS 317.267). Line 4. Total subtractions from Schedule OR-ASC-CORP, • Energy conservation payments. Any amount received Section B. The amount by which an item of income is less as a cash payment for energy conservation measures under Oregon law than federal law, or the amount by is exempt from Oregon excise tax (ORS 469.631 to which an allowable deduc tion is greater under Oregon 469.687). Subtract any amount that’s included in fed- law than federal law, is a subtraction on your Oregon eral taxable income (ORS 317.386). return. • Federal credits. Subtract the amount of expense not Use Schedule OR-ASC-CORP, Section B, to report the deducted on the federal return attributable to claiming amount and description code of each difference. Use the a federal credit (ORS 317.303). description code from the list in Appendix A. The total • Federal investment tax credit on certain assets. If you of all subtractions are entered on Form OR-20, line 4. take a federal tax credit on certain assets, and your Subtractions include: federal basis is less than your Oregon basis, you must 150-102-020-1 (Rev. 10-28-22) 13 2022 Form OR-20 Instructions |
recalculate the gain or loss on disposal of those assets • IRC Section 245A foreign-source portion dividends. and subtract the difference (ORS 317.356). Oregon allows a 100 percent subtraction of the foreign- source portion of dividends from certain foreign cor- • Film production labor rebate. Subtract the amount received as a labor rebate that’s included in federal tax- porations under IRC Section 245A. The subtraction is able income (ORS 317.394). allowed only if the amount is included in federal tax- able income reported on line 1 of your Oregon return. • Foreign derived intangible income (FDII) under IRC Generally, the federal deduction amount is reported Section 250. Oregon is connected with the FDII deduc- on federal Form 1120, Schedule C, line 13. Report your tion on your federal return. Generally, the federal deduc- Oregon subtraction on Schedule OR-ASC-CORP using tion amount is reported on federal Form 8993, Part IV, code number 383. Don’t use Form OR-DRD for this line 8. Report your Oregon subtraction on Schedule OR- subtraction (ORS 317.267). ASC-CORP using code number 382. Don’t use Form OR-DRD for this subtraction [SB 851 (2019)]. • Land donation or bargain sale of land to educa- tional institutions. Enter the fair market value of land • Gain or loss on the sale of depreciable property. The donated or the amount of the reduction in sales price of difference in gain or loss on the sale of business assets land sold to a school district. The subtraction is limited when your Oregon basis is greater than your federal to 50 percent of Oregon taxable income (ORS 317.488). basis (ORS 317.356). • Losses from outside the United States. Subtract losses • Global intangible low-taxed income (GILTI) under from sources outside the United States, as defined in IRC Section 250. Oregon allows an 80 percent subtrac- IRC §862, not included in federal taxable income under tion of GILTI amounts under IRC Section 951A that are IRC §§861 to 864 (ORS 317.625). included in your Oregon income. Report the Oregon subtraction on Schedule OR-ASC-CORP using code • Manufactured dwelling park tenant payments made number 381. Don’t use Form OR-DRD for this subtrac- under ORS 90.505 to 90.840 to compensate a tenant for tion (ORS 317.267). costs incurred due to the closure of the park may be • IC-DISC commission payments. For tax years begin- subtracted (ORS 317.092). ning on or after January 1, 2013, a deduction is allowed • Marijuana business expenses. ORS 317.363 allows for commission payments made to an IC-DISC if the Oregon taxpayers filing a corporate excise or income IC-DISC was formed on or before January 1, 2014 tax return to deduct business expenses otherwise (ORS 317.283 and 317.635). barred by IRC §280E if the taxpayer is engaged in mar- • Income of nonunitary corporations. Net income of ijuana-related activities authorized by ORS 475C.005 to nonunitary corporations included in a consolidated 475C.525, or ORS 475C.700 to 475C.919. federal return must be eliminated from the Oregon • Oregon Investment Advantage. To qualify, facilities return. Net income includes the separate taxable must be certified by the Oregon Business Develop- income, as determined under Treasury Regulations ment Department (dba Business Oregon). For more adopted for IRC §1502, and any deductions, additions, information about the program or to get an applica- or items of income, expense, gain, or loss for which tion, visit www.oregon.gov/biz. This applies to excise consolidated treatment is prescribed. Include a sched- tax filers only. ule showing computation of the total net income elimi- nated [ORS 317.715(2)]. How is the subtraction computed? Multiply the Ore- • Income of unitary insurance affiliates. If a unitary gon taxable income figure (Form OR-20, line 9) as com- insurance affiliate has a separate return filing require- puted without applying this subtraction by the sum of: ment, they’re excluded from the consolidated Oregon ° 50 percent of the ratio of the payroll from the cer- return. The insurance affiliate is treated as if it’s a tified facility over the corporation’s total payroll nonunitary affiliate of its consolidated group and any within Oregon; and income is a subtraction (ORS 317.715). ° 50 percent of the ratio of the average value of prop- • Income on a composite return. A corporate owner of erty from the certified facility over the corporation’s a pass-through entity (PTE) may subtract its share of total average value of property within Oregon. distributive income that has already been reported on Corporations that do business both inside and outside an Oregon composite return. See Publication OR-OC of Oregon and complete Schedule OR-AP must claim and OAR 150-314-0515 for more information. the subtraction on Schedule OR-AP, part 2, line 10b. • Inventory costs. The costs allocable to inventory are Corporations with activity only in Oregon (that don’t the same as those included in IRC §263A. Differences apportion income and don’t use Schedule OR-AP) in depreciation and depletion allocable to inventory claim the subtraction on Schedule OR-ASC-CORP result in a modification [ORS 314.287(3)]. using subtraction code 342. (ORS 317.391). 150-102-020-1 (Rev. 10-28-22) 14 2022 Form OR-20 Instructions |
Note: There is no subtraction code associated with • The Oregon deduction is the sum of unused net losses Schedule OR-AP for apportioning taxpayers. Subtrac- assigned to Oregon for preceding taxable years. tion code 342 is only used on Schedule OR-ASC-CORP • A net operating loss carryforward is required to be for taxpayers who do not apportion income. reduced by the entire Oregon net income of interven- ing tax years [ORS 317.476(4)(b)]. • Patronage dividends (cooperatives only). Coopera- • Net losses can be carried forward up to 15 years. tives filing federal Form 1120-C may subtract patron- • Oregon doesn’t allow net losses to be carried back. age dividends that are included in Oregon taxable • For losses, and built-in losses occurring before a income (ORS 317.010). change in ownership [separate return loss year (SRLY) • Psilocybin business expenses. ORS 317.363 allows limitations], Oregon is tied to the federal limitations Oregon corporation excise and income tax filers to (IRC §382 and §384; ORS 317.476 and 317.478). subtract certain business expenses otherwise barred • The total net loss deduction on a consolidated Oregon by IRC §280E if the corporation is engaged in psilo- return is the sum of the net losses available to each cybin-related activities authorized by ORS 475A.210 to of the corporations subject to the limitations in ORS 475A.722, the Oregon Psilocybin Services Act. Use sub- 317.476 and supporting administrative rules. traction code 385 on Schedule OR-ASC-CORP. • REITs, if qualified under IRC §856, aren’t allowed a net loss deduction [ORS 317.476(5)]. • REITs and RICs. A REIT or RIC meeting the federal affiliate definition must be included in the consoli- Line 7. Net capital loss deduction. dated Oregon return. This is an Oregon modification • Enter the deduction on line 7 if taxable only by Ore- (addition or subtraction) to federal taxable income. For gon. Enter as a positive number. apportioning taxpayers, factors from the REIT or RIC • Enter the deduction on Schedule OR-AP, part 2, line are included in the apportionment calculation of the 10b if taxable both in Oregon and another state. consolidated Oregon return (ORS 317.010 and support- • Include a schedule showing your computations, ing administrative rules). including the tax year the net capital loss originated • Sale of manufactured dwelling park. The net gain (ORS 317.013 and supporting administrative rules). attributable to the sale of a manufactured dwelling • Oregon allows a net capital loss deduction for losses park to a tenant’s association, facility purchase asso- apportioned to Oregon and carried from another year. ciation, or tenant’s association supported nonprofit • The deductible loss is limited to net capital gain organization is exempt from tax (see note following included in Oregon income. Capital losses must be ORS 317.401). carried back three tax years and then may be carried forward for up to five tax years. • Taxes paid to a foreign country. You may subtract from federal taxable income the taxes paid to a foreign Line 8. Apportionment percentage. Enter the appor- country upon the payment of interest or royalties aris- tionment percentage from Schedule OR-AP, part 1, line ing from sources within such foreign country, if such 23. If you have income only in Oregon and don’t appor- taxes are not deductible in arriving at federal taxable tion, enter 100.0000. income and if the interest or royalties are included in Line 9. Oregon taxable income (line 5 minus lines 6 and arriving at Oregon taxable income [ORS 317.314.(3)]. 7, or Schedule OR-AP, part 2, line 12). • Work opportunity credit wages not deducted on the federal return. Subtract the amount of wages that Tax weren’t deducted on the federal return because the Line 10. Calculated excise tax. Don’t enter the mini- work opportunity credit was claimed (ORS 317.303). mum tax on this line. See Appendix B for computation. Line 5. Income before net loss deduction (line 3 minus Line 11. Schedule OR-FCG-20 adjustment. A reduced line 4). tax rate is available if you sold or exchanged capital assets used in farming. Subtract the amount of adjustment for Line 6. Net loss deduction. tax on net long-term capital gain from farm property from line 9 of Schedule OR-FCG-20 (ORS 317.063). • Enter the deduction on line 6 if taxable only by Ore- gon. Enter as a positive number. Line 12. Total calculated excise tax (line 10 minus line 11). • Enter the deduction on Schedule OR-AP, part 2, line Line 13. Minimum tax. The minimum tax for C corpora- 10a if taxable both in Oregon and another state. tions and insurance companies doing business in Oregon • Include a schedule showing your computations. is based on Oregon sales. Use the table in Appendix B. • A net loss is the amount determined under IRC Chap- ter 1, Subtitle A, with the modifications specifically • Consolidated returns: the minimum tax is based on prescribed under Oregon law. Oregon sales of the affiliated group of corporations 150-102-020-1 (Rev. 10-28-22) 15 2022 Form OR-20 Instructions |
filing an Oregon return. One minimum tax applies Credits to the affiliated group filing the consolidated return, For a list and description of Oregon corporation cred its, not to each individual affiliate included in the consoli- visit www.oregon.gov/dor. dated return doing business in Oregon. • The minimum tax isn’t apportionable for a short tax Note: Minimum tax can’t be “reduced, paid, or otherwise year (except a change of accounting period). satisfied through the use of any tax credit” (ORS 317.090). Nonapportioned returns—C corporations doing busi- Important: ness only within Oregon will calculate Oregon sales by • All credits are claimed on Schedule OR-ASC-CORP. adding: • Use the description code from the list in Appendix A. • Gross receipts from sales of inventory (less returns • List credits and codes on the OR-ASC-CORP in the and allowances), equipment, and other assets; order you want them used. • Gross rent and lease payments received; • Generally, taxpayers must claim the full amount of a • Gross receipts from the performance of services; and credit allowed per year (ORS 314.078). • Gross receipts from the sale, exchange, redemption, or • Credits can’t be used to offset minimum tax, unless holding of intangible assets developed by or used in specified in statute. the business operations. Note: (This is a non-exclusive list.) Line 17. Total standard credits from Schedule OR-ASC- CORP, Section C. Enter as a positive number. Generally, for purposes of determining minimum tax, Oregon sales includes gross business income amounts Line 18. Tax after standard credit (line 16 minus line 17). from federal Form 1120, lines 1c, and 5 through 10. Don’t enter less than minimum tax. Include positive numbers only. Line 19. Total carryforward credits from Schedule OR- Apportioned returns —C corporations and insurance ASC-CORP, Section D. Enter as a positive number. companies doing business in more than one state that Line 20. Excise tax after standard and carryforward apportion business income for Oregon tax purposes, use credits (line 18 minus 19). This can’t be less than mini- the Oregon sales amount from line 22(a) on Schedule mum tax on line 15. OR-AP, part 1. Line 21. LIFO benefit recapture subtraction. This Note: Some entity structures have specific minimum amount is a subtraction from tax after credits. Oregon tax and filing instructions. See “Special filing require- has adopted the provisions of IRC §1363(d) for S corpora- ments.” These include: tions. LIFO benefits are included in taxable income for the last year of the C corporation under these provisions. • Agricultural and horticultural cooperatives. On a separate schedule, compute the difference between • Exempt organizations. tax (after credits and any surplus refund) on income per • Homeowners associations. the return and income without the recapture of LIFO • Insurers. benefits. Multiply this difference by 75 percent and enter • IC-DISCs. the result on Form OR-20, line 21 as a subtraction from • LLCs. the tax after standard and carryforward credits. Include • Political organizations. the computation schedule with the Oregon return. • Publicly traded partnerships. • REITs and RICs. On the LIFO benefits line of each of the first three returns • REMICs. of the new S corporation, add one-third of the tax that was deferred from the last year of the C corporation. The Corporations and partnerships with Oregon source tax on LIFO benefit recapture will be in addition to the income who aren’t doing business in Oregon aren’t sub- Oregon minimum tax, if any (ORS 314.771). ject to the minimum tax. See “What form do I use?” Line 14. Tax (greater of line 12 or line 13). Oregon tax is Net excise tax the greater of total calculated tax or minimum tax. Line 22. Net excise tax (line 20 minus line 21). Don’t Line 15. Tax adjustments. enter less than minimum tax. Installment sales interest. If you owe interest on deferred tax liabilities with respect to installment obli- Payments, penalty, interest, and UND gations under ORS 314.302, enter the amount of interest Line 23. Estimated tax payments, other prepayments, as a positive number. Include a schedule showing how and refundable credits (from Schedule ES on page 5). you figured the interest. • Fill in the total estimated tax payments made before Line 16. Tax before credits (line 14 plus line 15). filing your Oregon return. 150-102-020-1 (Rev. 10-28-22) 16 2022 Form OR-20 Instructions |
• List name and FEIN of the payer only if different from Line 25. Tax due. Is line 22 more than line 23 plus line the corporation filing this return. 24? If so, line 22 minus lines 23 and 24. Note: Consolidated return filers. If estimated payments Line 26. Overpayment. Is line 22 less than line 23 plus were made under a different name, fill in the paying cor- line 24? If so, line 23 plus line 24, minus line 22. poration’s name and FEIN on Schedule ES for the correct application of estimated payments. Line 27. Penalty due with this return. To avoid penalty and interest, you must make any tax payment owed by Note: Missing or incomplete information on payment the original due date of the tax return, excluding exten- made by an affiliate could result in a billing. sions. You must also e-file or mail your tax return by the • Include any refunds applied from other years on line 5. original due date, or by the extended due date if you file • Enter payments made with your extension or other with a valid extension included. prepayments on line 6. Enter the following penalties on your return if applicable. • Fill in on line 7 the refundable credits from Schedule OR-ASC-CORP, Section E. • 5 percent failure-to-pay penalty. Include a penalty • Carry the total from line 8 to Form OR-20, line 23. payment of 5 percent of your unpaid tax if you don’t pay by the original due date, even if you have an exten- Line 24. Withholding payments made on your behalf from sion of time to file. pass-through entity or real estate income. If taxes were paid on the corporation’s behalf, enter the amount on this line. Exception: You won’t be charged the 5 percent failure-to- pay penalty if you meet all of the following requirements: There’s a requirement to withhold tax from the proceeds of sales of Oregon real property by nonresidents. This ° You have a valid federal or Oregon extension, and applies to individual nonresidents as well as C corpora- ° You pay at least 90 percent of your tax after credits tions that aren’t doing business in Oregon. The amount by the original due date of the return, and to be withheld is the lesser of: ° You file your return within the extension period, and • 4 percent of the consideration (sales price); ° You pay the balance of tax due when you file your • 4 percent of the net proceeds (amount dispersed to the return, and seller); or ° You pay the interest on the balance of tax due when • 8 percent of the gain that’s includible in Oregon tax- you file your return or within 30 days of the date of able income for the year. the bill you receive from us. Withholding isn’t required if one of the following require- If you filed with a valid extension but didn’t pay ments is met: 90 percent of your tax by the original due date, you’ll be charged the 5 percent failure-to-pay penalty. • The consideration for the real property doesn’t exceed $100,000; • 20 percent failure-to-file penalty. Include a penalty pay- • The property is acquired through foreclosure; ment of 20 percent of your unpaid tax if you don’t file • The transferor (owner) is a resident of Oregon or, if a C cor- your return within three months after the original filing poration, has a permanent place of business in this state; or due date (including extensions). The failure-to-file pen- • The transferor meets one of the requirements in ORS alty is in addition to the 5 percent failure-to-pay penalty. 314.258(3)(d) through (f). • 100 percent late pay and late filing penalty. Include See instructions for Oregon Form OR-18-WC, Report of a penalty payment of 100 percent of your unpaid tax Tax Payment or Written Affirmation for Oregon Real Prop- if you don’t file returns for three consecutive years by erty Conveyance, for more information (ORS 314.258 and the original filing due date (including extensions) of supporting administrative rules). the third year. A 100 percent penalty is assessed on Pass-through entity withholding requirement. A pass- each year’s tax balance. through entity (partnership, S corporation, LLP, LLC, or Line 28. Interest due with this return. You must pay certain trusts) with distributive income from Oregon interest on unpaid taxes if: sources must withhold tax from its nonresident owners. • You don’t pay the tax balance by the original filing due The requirement is waived if the nonresident owner date, excluding extensions; makes an election to join in the filing of a composite • You file an amended return and have tax to pay; or return, sends us a signed Form OR-19-AF, Oregon Affidavit • Your taxable income is changed because of a federal or for a Nonresident Owner of a Pass-through Entity, or meets state audit and you owe more tax. another exception listed in ORS 314.775 and supporting administrative rules. For more information, see instruc- Interest owed on tax starts the day after the due date of tions for Oregon Form OR-19, Annual Report of Nonresident your original return, excluding extensions, and ends on Owner Tax Payments. the date of your payment. Interest is computed daily. 150-102-020-1 (Rev. 10-28-22) 17 2022 Form OR-20 Instructions |
To calculate interest: “high-income taxpayer” is one that had federal taxable income before net operating loss and capital loss carry- Tax × daily interest rate × number of days. overs and carrybacks of $1 million or more in any one of Interest rates and effective dates: the last three years, not including the current year. For periods Line 30. Total penalty and interest (add lines 27 through 29). beginning Annually Daily January 1, 2023 6% 0.0164% Total due or refund January 1, 2022 4% 0.0110% Line 31. Total due (line 25 plus line 30). See “Filing January 1, 2021 4% 0.0110% checklist” for payment options. Don’t include a Form Interest accrues on any unpaid tax during an extension OR-20-V, payment voucher, with your payment if you’re of time to file. including a payment with your return. Interest will increase by one-third of 1 percent per month Note: Any payments received after the original due date (4 percent yearly) on delinquencies if: will be applied first to penalty, then to interest, and then to tax [ORS 305.265(13)]. • You file a return showing tax due, or we assessed an existing deficiency; and Special instructions. If you owe penalty or interest and • The assessment isn’t paid within 60 days after the have an overpayment on line 26, and your overpayment notice of assessment is issued; and is less than total penalty and interest, then fill in the • You haven’t filed a timely appeal with us. result of line 30 minus line 26, on line 31. Line 29. Interest on underpayment of estimated tax Line 32. Refund available (line 26 minus line 30). (UND). You must make quarterly estimated tax payments Line 33. Amount of refund to be credited to estimated if you expect to owe $500 or more in tax. This includes tax. You may elect to apply part or all of your refund Oregon minimum tax. Oregon charges UND if: to your next year’s estimated tax payments. Fill in the • The quarterly payment is less than the amount due for amount you want to apply. Your election is irrevocable. that quarter; or Elected amounts that are attributable to estimated tax pay- • We receive the quarterly payment after that quarter’s ments received prior to the following year’s first quarter due date; or estimated tax due date, will be applied as a timely first • No quarterly payments are made during the year and quarter installment of the following year. Elected amounts the final tax debt is $500 or more. attributable to payments received after the following year’s Use Form OR-37 to: first quarter estimated tax due date, will be applied to the following year’s estimated tax account as of the date the pay- • Calculate the amount of underpayment of estimated tax; ment is received. See ORS 314.515 and OAR 150-314-0302. • Compute the interest you owe on the underpayment; or • Show you meet an exception to the payment of interest. Line 34. Net refund (line 32 minus line 33). If you have an underpayment of estimated tax, include Form OR-37 with your tax return, check the box on page 1 of Do you have questions or need help? Form OR-20, and file them before the due date of the return. www.oregon.gov/dor If your current year corporation tax liability, including the 503-378-4988 or 800-356-4222 minimum tax, is less than $500, you don’t need to make questions.dor@ dor.oregon.gov estimated payments. Don’t complete this form. However, this provision doesn’t apply to a high-income taxpayer. A Contact us for ADA accommodations or assistance in other languages. 150-102-020-1 (Rev. 10-28-22) 18 2022 Form OR-20 Instructions |
Appendix A Corporation Form OR-20 2022 Schedule OR-ASC-CORP codes Additions Description Code Description Code Bad debt reserve federal exceeding Oregon ................. 156 Inventory costs ................................................................. 161 Capital construction fund ............................................... 152 IRC §139A federal subsidies for prescription drugs ... 123 Charitable donations not allowed for Oregon ............. 132 IRC §631(a) treatment of timber not recognized by Child Care Office contributions carryover ................... 153 Oregon ............................................................................ 162 Claim of right income repayment .................................. 173 Losses of nonunitary corporations ................................ 164 CPAR addition .................................................................. 187 Losses of unitary insurance affiliates ........................... 183 Deferred gain from out-of-state disposition of Net federal capital loss deduction ................................. 165 property ......................................................................... 118 Opportunity Grant Fund (auction) ................................ 185 Depletion (percentage in excess of cost) ....................... 166 Oregon excise tax and other tax ..................................... 151 Depreciation differences.................................................. 174 Oregon production investment fund ............................ 157 Gain or loss on disposition of depreciable property ... 158 REITs and RICs ................................................................. 168 Global intangible low-taxed income (GILTI) ............... 186 Safe harbor lease agreements ......................................... 169 Income from sources outside U.S. ................................. 159 Uncategorized addition (must include explanation) ... 199 Income of related FSC or DISC ...................................... 178 University venture development fund Individual Development Account credit ...................... 113 contributions ................................................................. 171 Intercompany transactions involving intangible Unused business credits .................................................. 122 assets ............................................................................... 160 Interest income excluded from the federal return (state, municipal, and other interest income) ........... 150 Subtractions Description Code Description Code Bad debt reserve Oregon exceeding federal ................. 359 Income on a composite return ........................................ 341 Charitable contribution ................................................... 351 Inventory costs ................................................................. 357 CPAR subtraction ............................................................. 384 IRC Section 245A foreign-source portion dividends... 383 Deferred gain from out-of-state disposition of Land donation or bargain sale of land to property ......................................................................... 352 educational institutions ............................................... 350 Depletion (Oregon in excess of federal allowance) ..... 362 Losses from outside U.S. ................................................. 358 Depreciation differences.................................................. 353 Manufactured dwelling park tenant payments ........... 344 Dividend deduction ......................................................... 370 Marijuana business expenses ......................................... 375 Energy conservation payments ...................................... 368 Oregon Investment Advantage ...................................... 342 Federal credits .................................................................. 354 Patronage dividends (cooperatives only) ..................... 379 Federal investment tax credit on certain assets ........... 355 Psilocybin business expenses ......................................... 385 Film production labor rebate .......................................... 336 REITs and RICs ................................................................. 360 Foreign derived intangible income (FDII) .................... 382 Sale of manufactured dwelling park ............................. 338 Gain or loss on sale of depreciable property ................ 356 Taxes paid to a foreign country ...................................... 378 Global intangible low-taxed income (GILTI) ............... 381 Uncategorized subtraction (must include IC-DISC commission payments explanation) ................................................................... 399 (DISC formed before 01/02/2014) ............................. 366 Work opportunity credit wages not deducted on the Income of nonunitary corporations .............................. 371 federal return ................................................................ 372 Income of unitary insurance affiliates .......................... 376 Standard credits Description Code Oregon Cultural Trust contribution (ORS 315.675) ..... 807 Reservation enterprise zone (ORS 285C.309) ............... 810 Uncategorized credit (must include explanation) ....... 899 150-102-020-1 (Rev. 10-28-22) 19 2022 Form OR-20 Instructions |
Carryforward credits Description Code Description Code Agricultural workforce housing (ORS 315.164 and Opportunity Grant Fund (auction) (ORS 315.643) ...... 871 315.169) ........................................................................... 835 Oregon affordable housing lender’s credit (ORS Alternative qualified research activities 317.097) ........................................................................... 854 (carryforward only) (ORS 317.154) ............................ 837 Oregon Low-Income Community Jobs Initiative Bovine manure (carryforward only)(ORS 315.176 (carryforward only) (ORS 315.533) ............................ 855 and 315.179) ................................................................... 869 Oregon production investment fund (auction) Business energy (carryforward only) (ORS 315.354) ..... 839 (ORS 315.514) ................................................................ 856 Child Care Fund contributions (carryforward only) Qualified research activities (carryforward only) (ORS 315.213) ................................................................ 841 (ORS 317.152) ................................................................ 858 Crop donation (ORS 315.156) ......................................... 843 Renewable energy resource equipment Electronic commerce zone investment (carryforward manufacturing facility (carryforward only) only) (ORS 315.507) ...................................................... 845 (ORS 315.341) ................................................................ 860 Employer-provided dependent care assistance Repatriation credit (due to IRC §965) (carryforward (carryforward only) (ORS 315.204) ............................ 846 only) (must include copy of 2017 form) .................... 870 Employer scholarship (ORS 315.237) ............................ 847 Rural technology workforce development Energy conservation projects (carryforward only) (ORS 315.523) ................................................................ 868 (ORS 315.331) ................................................................ 849 Short line railroad rehabilitation (ORS 315.593) .......... 872 Fish screening devices (ORS 315.138)............................ 850 Transportation projects (carryforward only) Individual Development Account (IDA) donation (ORS 315.336) ................................................................ 863 (ORS 315.271) ................................................................ 852 Uncategorized carryforward credit (must include Lender’s credit: energy conservation (carryforward explanation) ................................................................... 999 only) (ORS 317.112) ...................................................... 848 University venture fund (ORS 315.521) ........................ 864 Long-term enterprise zone facilities (carryforward Weatherization lender’s credit (carryforward only) only) (ORS 317.124) ...................................................... 853 (ORS 317.111) ................................................................. 866 Refundable credits Description Code Claim of right (ORS 315.068) .......................................... 890 150-102-020-1 (Rev. 10-28-22) 20 2022 Form OR-20 Instructions |
Appendix B Oregon Corporation Form OR-20 2022 Tax rates and minimum tax table Note: Corporation excise tax filers pay the greater of calculated tax or minimum tax. See “Special filing requirements” for entity types with alternate tax requirements. Calculated tax (ORS 317.061) If Oregon taxable income is: • $1 million or less, multiply Oregon taxable income by 6.6 percent (not below zero). • More than $1 million, multiply the amount that’s more than $1 million by 7.6 percent, and add $66,000. Minimum tax (ORS 317.090) Minimum tax table —C corporations only Oregon sales of filing group Minimum tax under $500,000 $150 $500,000 to $999,999 500 $1,000,000 to $1,999,999 1,000 $2,000,000 to $2,999,999 1,500 $3,000,000 to $4,999,999 2,000 $5,000,000 to $6,999,999 4,000 $7,000,000 to $9,999,999 7,500 $10,000,000 to $24,999,999 15,000 $25,000,000 to $49,999,999 30,000 $50,000,000 to $74,999,999 50,000 $75,000,000 to $99,999,999 75,000 $100,000,000 and above 100,000 150-102-020-1 (Rev. 10-28-22) 21 2022 Form OR-20 Instructions |
Appendix C Oregon Corporation Form OR-20 Alternative apportionment Oregon law allows taxpayers to request an alterna- Note: Taxpayers filing amended returns for 2015 or prior tive method of apportionment using the instructions must use the form year corresponding to the tax year below. Uniform Division of Income for Tax Purposes Act even though there’s no alternative apportionment check- (UDITPA) taxpayers filing under ORS 314.605 to ORS box on the return. Clearly identify that you’re requesting 314.675, as well as insurers, and taxpayers filing under alternative apportionment by writing the words “Alter- ORS 314.280, must use this procedure to apply for alter- native apportionment request” at the top and adhere native apportionment. to all other requirements. Determinations to amended returns may take longer to process. Administration Method 2 —Alternative apportionment petition We will review the alternative apportionment request submitted separately from your original or amended and issue a decision letter. return If your alternative apportionment petition is denied, you • Your written petition must have the title “Alternative may appeal the denial of your petition to Oregon Tax apportionment request.” Court as provided in ORS 305.275. • We will not rule on your alternative apportionment request until you file your original or amended return If your alternative apportionment petition is approved, using standard apportionment provisions. you may amend your returns within the normal statute • Your original or amended return, for which the writ- of limitations. The approval of your petition will remain ten petition requests alternative apportionment, must in effect unless and until we revoke it during audit or use standard apportionment provisions. you file a new petition and receive our approval of the • Mail your petition to: Oregon Department of Reve- new proposal. nue, Corporation Section, 955 Center St NE, Salem OR Allow at least 6 months for us to make a determination. 97301-2555. Also, note that all petitions for alternative apportion- ment may result in additional review and documenta- Both methods of petition tion requests. • The petition must be signed by the taxpayer or the tax- payer’s representative. Instructions • You must use standard apportionment provisions to complete your original or amended return while the • Your written petition for alternative apportionment department rules, in writing, on your request for alter- can be submitted with your original or amended native apportionment. return (Method 1) or separate from your original or • In the case of a UDITPA taxpayer, the petition must amended return (Method 2). fully explain the extent of the taxpayer’s business • For administrative purposes, we prefer Method 2. activity in Oregon and why standard apportionment doesn’t fairly and equitably represent the taxpayer’s Method 1 —Alternative apportionment petition business activity in Oregon. An ORS 314.280 taxpayer submitted with your original or amended return must fully explain why standard apportionment • Check the alternative apportionment checkbox on doesn’t fairly and equitably represent the amount of the front of the return and include a written peti- net income the taxpayer earns inside and outside Ore- tion for alternative apportionment with your original gon. An insurer must explain why standard appor- or amended return. Failure to do so could result in tionment doesn’t fairly and equitably represent the your request being overlooked. This box is to denote insurer’s business activity within Oregon. requests only and isn’t to be used after a request is • Your petition must fully explain your proposed approved. method of alternative apportionment and explain why • You must include a written petition for alternative this proposed method is more accurate in reflecting apportionment with your original or amended return business activity or net income, as appropriate, in Ore- if you check the alternative apportionment checkbox. gon than the standard formula. • Do not complete the original or amended return using an • The petition must show how the Oregon return (Form alternative method of apportionment unless/until that OR-20, OR-20-INC, OR-20-INS, or OR-20-S) would be alternative method of apportionment has been approved. completed, including the net tax calculation, using the • Include your petition with your return. proposed method of alternative apportionment. 150-102-020-1 (Rev. 10-28-22) 22 2022 Form OR-20 Instructions |