Form OR-20-INS Instructions 2022 Oregon Insurance Excise Tax Contents Purpose of Form OR-20-INS .............................2 Mailing addresses ....................................................6 Important reminders ............................................ 2 Form instructions What’s new and Looking ahead ...................2 Heading and checkboxes ....................................................6 Questions ...............................................................................7 Estimated tax payments ..................................... 3 Line instructions Filing information Income ...................................................................................7 Who must file with Oregon? ..............................................4 Additions ...............................................................................7 What form do I use? .............................................................4 Subtractions ..........................................................................9 Filing requirements ............................................................. 4 Tax, credits, and offsets ..................................................... 10 Annual statement ............................................................ 4 Net excise tax ...................................................................... 10 Tax year .............................................................................4 Payments, penalty, interest, and UND ............................ 10 Foreign and domestic domiciles (consolidated Schedule ES—Estimated tax payments, other and separate returns) .................................................. 4 prepayments, and refundable credits......................... 10 Exempt—Surplus lines insurance companies and Total due or refund ............................................................ 12 fraternal benefits companies .........................................4 Medicare & Medicaid .......................................................... 4 Do you have questions? .................................... 12 E-file .......................................................................................4 Federal and insurance division audit changes ................4 Appendices Amended returns ................................................................. 5 Appendix A, 2022 Schedule OR-ASC-CORP code list ... 13 Protective claims ..................................................................5 Appendix B, 2022 Tax rates and minimum tax table .... 15 Appendix C, Alternative apportionment ....................... 16 Filing checklist Due date of return, Extensions, Payments... .....................5 Assembling your return ...................................................... 5 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. 150-102-129-1 (Rev.10-28-22) 1 2022 Form OR-20-INS Instructions |
Authority (OHA) under ORS Chapter 475A, the corpo- Purpose of Form OR-20-INS ration may subtract certain business expenses on the Oregon return that can’t be deducted on the federal Use Form OR-20-INS, Oregon Insurance Excise Tax return due to IRC §280E. Federal law prohibits deduc- Return, to calculate and report the Oregon corporate tions for certain business expenses if the business excise tax liability of an insurer doing business in Oregon. involves the cultivation, manufacture, distribution, or sale of certain controlled substances. Oregon law, how- Important reminders ever, allows a subtraction for the same ordinary and necessary expenses incurred for the business that are If your registered corporation or insurance company allowed for other types of businesses operating in this isn’t doing business in Oregon and has no Oregon- state. If the expense would have been allowed for fed eral source income, then you don’t need to file a corporation purposes, but the business falls within the Controlled tax return. Substances Act (21 U.S.C. Sections 801 et seq.), a subtrac- Revenue Online. Revenue Online provides convenient, tion is allowed on your Oregon return. secure access to tools for managing your Oregon tax Credits account. With Revenue Online, you may: Individual Development Account (IDA) donations • View your tax account. (ORS 315.271) • Make payments. • View correspondence we sent you. For tax years beginning on or after January 1, 2022 • Check the status of your refund. and before January 1, 2028, this credit is allowed to be claimed for the prior year if the donation is made not For more information and instructions on setting up your later than April 15 following December 31 of the tax year Revenue Online account, visit www.oregon.gov/dor. for which the credit is claimed. This change is effective for tax years 2022 through 2027, for donations made prior What’s new to April 15, 2028. See HB 2433 (2021). Note: Not all information in this section pertains to all Oregon affordable housing lender’s credit (ORS 317.097) taxpayers or form types. If applicable, refer to House Oregon statute was amended to allow a financial insti- Bills (HB) or Senate Bills (SB) as shown. tution to claim the tax credit by purchasing bonds if Visit www.oregon.gov/dor for possible updates to these the bond proceeds are used to finance the purchase of instructions. afford able housing. These amendments apply between January 1, 2022 and January 1, 2026. See HB 2433 (2021). General Expired credits Tie to federal tax law The following tax credits are no longer available, includ- In general, Oregon is tied to the federal definition of tax- ing carryforwards: able income as of December 31, 2021; however, Oregon is • Biomass production/collection (ORS 315.141) ...code 838 still disconnected from: • Pollution control facilities (ORS 315.304) ...........code 857 • Federal subsidies for prescription drug plans (IRC • Reforestation of underproductive forestlands §139A; ORS 317.401). (ORS 315.104) ..........................................................code 867 • Deferral of certain deductions for tax years beginning • Renewable Energy Development Fund contributions on or after January 1, 2009 and before January 1, 2011 (ORS 315.326) ..........................................................code 859 may require subsequent Oregon modifications (IRC §168(k) and §179; ORS 317.301). Looking ahead Psilocybin business expenses NOL carryback ORS 317.363 allows Oregon corporation excise and income SB 1524 (2022) allows taxpayers who use NAIC codes tax filers to subtract certain business expenses otherwise 111 or 112 (referring to those taxpayers engaged in crop barred by IRC §280E if the corporation is engaged in psi- production, animal production or aquaculture) to claim locybin-related activities authorized by ORS 475A.210 to a three-year NOL carryback. The three-year NOL carry- 475A.722, the Oregon Psilocybin Services Act. Use sub- back first applies in tax years beginning on or after Janu- traction code 385 on Schedule OR-ASC-CORP. ary 1, 2023, and before January 1, 2029, and any tax year If a corporation manufactures or sells psilocybin prod- to which the NOL may be carried back. For example, a ucts, operates a psilocybin service center, or facilitates taxpayer with a loss in tax year 2023 may carry their loss psilocybin services licensed by the Oregon Health to tax year 2020. 150-102-129-1 (Rev.10-28-22) 2 2022 Form OR-20-INS Instructions |
Tax credits If you don’t meet the federal requirements for manda- tory EFT payments, you may still make voluntary EFT HB 4002 (2022) creates a refundable tax credit for over- payments. time paid to agricultural workers. The tax credit equals a percentage of actual agricultural worker overtime costs You can make EFT payments through Revenue Online or paid by the taxpayer. The exact amount of the percent- through your financial institution. To learn more about age depends on the year the overtime is paid, how many Revenue Online or to make an EFT payment, visit www. agricultural workers the taxpayer employs, and the type oregon.gov/dor. If you pay by EFT, don’t send Form of agriculture the taxpayer practices. The credit applies OR-20-V, Oregon Corporation Tax Payment Voucher. to tax years beginning on or after January 1, 2023, and Mail. If paying by mail, send each payment with a before January 1, 2029, and taxpayers will apply for the Form OR-20-V, payment voucher, to: Oregon Department tax credit through the department. Note that this tax of Revenue, PO Box 14950, Salem OR 97309-0950. credit can offset corporation minimum tax determined under ORS 317.090. Include on your check: • Federal employer identification number (FEIN). SB 1502 (2022) creates a non-refundable tax credit equal • Tax year beginning and ending dates. to the stumpage value of timber (plus cost of appraisal • Contact phone. and cost of filing and recording a deed restriction, minus costs of transportation to a mill) left standing on the land Estimated tax payments’ worksheet of a small forestland owner. The amount of the tax credit is certified by the Department of Forestry. The tax credit (Keep for your records—don’t file with your payment.) applies to tax years beginning on or after January 1, 2023. 1. Oregon net income expected in 1. upcoming tax year. Estimated tax payments 2. Tax on Oregon net income (see 2. Appendix B). Requirements 3. Subtract tax credits allowable 3. Oregon estimated tax payment requirements aren’t the in upcoming tax year. Tax same as federal estimated tax payment requirements. credits can’t be used to reduce You must make estimated tax payments if you expect to minimum tax. owe tax of $500 or more. This includes Oregon’s mini- 4. Net tax (line 2 minus line 3). 4. mum tax. See ORS 314.505 to 314.525 and supporting administrative rules. If the amount on line 4 is less than $500, stop. You don’t have If you don’t make estimated payments as required, you to make estimated tax payments. may be subject to interest on underpayment of estimated Caution: If your final tax tax (UND). Refer to Form OR-37 if you have an under- liability when you file your payment of estimated tax. return is $500 or more, you may be subject to UND. Payment due dates 5. Amount of each payment. 5. Estimated tax payments are due quarterly, as follows: (Divide line 4 by the number of payments you need to make. • Calendar year filers: April 15, June 15, September 15, This is usually 4.) and December 15. • If the due date falls on a Saturday, Sunday, or legal If your expected net tax changes during the year, refig- holiday, use the next regular business day. ure your estimated tax payments using the Estimated tax payments’ worksheet. Payment options To avoid additional charges for UND, you must pay the Important: For details about making payments with amount of any prior underpayment plus the amount of your return, see “Filing checklist.” the current required payment. Estimated payments may be made by electronic funds Example: During the year, Corporation A’s expected net transfer (EFT), online, or by mail. tax increased from $2,000 to $6,000. Corporation A made timely first and second quarter estimated payments of EFT. You must make your Oregon estimated payments $500 before its expected net tax increased. by EFT if you’re required to make your federal estimated payments by EFT. We may grant a waiver from EFT pay- Corporation A should make four payments of $1,500 each ments if you’d be disadvantaged by the requirement during the year. Because of its increased net tax, Corpo- (ORS 314.518 and administrative supporting rules). ration A will be subject to UND charges for the first and 150-102-129-1 (Rev.10-28-22) 3 2022 Form OR-20-INS Instructions |
second quarters. To avoid UND charges for the third and Oregon) not controlled by foreign insurers incorporated fourth quarters, Corporation A must make timely pay- outside of Oregon must file consolidated returns if they ments of $3,500* for the third quarter and $1,500 for the were included in consolidated federal returns. An inter- fourth quarter. insurance and reciprocal exchange and its attorney-in- fact may file consolidated returns. *$1,000 for the first-quarter underpayment, plus $1,000 for the second-quarter underpayment, plus $1,500 for the required third-quarter installment equals $3,500. Exempt Surplus lines insurance companies and fraternal benefit societies aren’t subject to the excise tax if exempt under Filing information IRC §501(c)(8). Who must file with Oregon? Medicare & Medicaid Foreign and domestic insurance companies, including home warranty companies (but not title insurers), that Income received from Centers for Medicare and Medic- are doing business in Oregon, or with income from an aid Services (CMS) Enrollees and Medicare Advantage Oregon source, are required to file Form OR-20-INS (MA) enrollees: 42 USC § 1395w-24(g) preempts imposi- [ORS 317.010(11), 317.122, and 317.650–317.665]. tion of Oregon minimum tax on income received from CMS enrollees and MA enrollees. If you are paying min- Note: Oregon follows the federal entity classifica- imum tax, exclude this income from your sales factor. tion regulations. If an entity is classified or taxed as a See Health Net Life Ins. Co. v. Dept. of Rev., TC 5371, Or. corpora tion for federal income tax purposes, it will be Tax Ct., Reg. Div., May 3, 2021. treated as a corporation for Oregon tax purposes. E-file What form do I use? If you’re required to e-file with the IRS, you’re also Foreign and domestic insurance companies, includ- required to e-file for Oregon. We accept calendar year, ing home warranty companies, are required to file fiscal year, short year, and amended electronic corpora- Form OR-20-INS, Oregon Insurance Excise Tax Return, tion tax returns utilizing the IRS Modernized e-file plat- 150-102-129. Title insurers aren’t required to file a form (MeF). Beginning January 2023, we’ll accept e-filed Form OR-20-INS. They file Form OR-20. returns for tax year 2022, and will continue accepting Insurance companies must file a Form OR-20-INS if returns for 2021 and 2020. they’re doing business in Oregon. Insurance companies Your tax return software also allows you to make elec- with agents in this state whose only activity is solicita- tronic payments when e-filing your original return. tion are also subject to the excise tax. Companies having income from an Oregon source, such as premiums from Note: Your paper return may be rejected if you’re existing policy holders, are doing business in Oregon required to electronically file your Oregon corporation and must file Form OR-20-INS. Form OR-20-INS filers tax return, unless a waiver request has been approved by are subject to the minimum tax. us prior to the filing of the paper return. Companies registered with the Insurance Division to do If you’d like to request a waiver, send an email with business in Oregon, but who don’t actually do business the FEIN, tax year, and reason you’re unable to e-file to in the state during the tax year, and don’t have Oregon bus.electronicfiling@ dor.oregon.gov, prior to paper-fil- source income, aren’t required to file Oregon Form OR- ing your return. 20-INS and aren’t subject to the excise or minimum tax. For a list of software vendors or for more information, search “e-filing” at www.oregon.gov/dor. Filing requirements Annual statement. Form OR-20-INS isn’t based on the Federal and Insurance Division audit changes federal return. This form begins with “Net income from You must notify us if the IRS changes your federal return the annual statement to the insurance commissioner.” or if the Insurance Division changes your Fire Marshal Tax year. All insurance companies required to file an tax or retaliatory tax for any tax year and the change Oregon Insurance Excise Tax Return must file on a calendar- affects your computation of Oregon excise tax. If so, you year basis and are subject to the minimum tax. must file a Form OR-20-INS, checking the amended box, and include a copy of the federal or Insurance Division Foreign and domestic domiciles (consolidated and audit report. Mail this separately from your current separate returns). Foreign insurers and domestic insur- year’s return. ers controlled by foreign insurers are required to file insurance excise tax returns on a separate basis. Uni- If you don’t amend or send a copy of the federal or Insur- tary domestic insurance companies (incorporated in ance Division audit report, we have two years from the 150-102-129-1 (Rev.10-28-22) 4 2022 Form OR-20-INS Instructions |
date we’re notified of the change by the IRS to issue a Protective claims deficiency notice. To receive a refund, you must file a Don’t file an amended return as a protective claim. claim for refund of tax within two years of the date of Use Oregon Form OR-PCR, Protective Claim for Refund, the federal report. 150-101-184, when your claim to a refund is contingent on a pending court decision or legislative action. Notify Amended returns us within 90 days of the final determination by filing an Oregon doesn’t have an amended return form for corpo- amended return. Don’t file an amended return before the pending action is final. rations. Use the form for the tax year you’re amending and check the amended box. Always use your current address. If your address has changed, don’t use your old Filing checklist address or our system will revert your current address Rounding to whole dollars. Enter amounts on the to the old address. return and accompanying schedules as whole dollars Fill in all amounts on your amended return, even if only. Example: $4,681.55 becomes $4,682; and $8,775.22 they’re the same as originally filed. If you’re amend- becomes $8,775. ing to change additions, subtractions, or credits, include • Due date of your return. Returns are due by the 15th detail of all items and amounts, including carryovers. day of the month following the due date of your fed- If you change taxable income by filing an original or eral corporation return. When the 15th falls on a Sat- urday, Sunday, or legal holiday, the due date is the next amended federal or other state return, you must file an business day. amended Oregon return within 90 days of when the original or amended federal or other state return is filed • Extensions. See the instructions below for the exten- (ORS 314.380). Include a copy of your original or amended sion checkbox. Include your extension as the final page federal or other state return with your amended Oregon of your return when you file. return and explain the adjustments made. • Payments. You may make payments online for your amended ° Payments received after the original due date will be return at www.oregon.gov/dor. applied first to penalty, then to interest, and then to tax [ORS 305.265(13)]. Don’t make payments for amended returns with EFT. ° Estimated payments and prepayments. Identify all This also applies to e-filed amended returns. For paper estimated payments claimed by completing Sched- returns, you may pay online or include a check or money ule ES on page 5 of your return. List all payments order with your return. For e-filed returns, you may pay that were submitted prior to filing your return. online or send a check or money order separately. If you Include the corporation name and FEIN if a payment mail your payment separate from your return, write was made by an affiliate of the filing corporation. “Amended” on the payment and include a completed ° Online payments. You may pay online for any Form OR-20-V with the amended box checked. return at www.oregon.gov/dor. Search “payments.” ° Making electronic payments with your e-filed orig- Don’t amend your Oregon return if you amend the fed- inal return. We accept electronic payments when you eral return to carry a net operating loss back to prior e-file your original return. years. Oregon allows corporations to carry net operat- ° Making check or money order payments with your ing losses forward only. paper return. Make your check or money order pay- On the estimated tax payments line on your amended able to Oregon Department of Revenue. Write the Form OR-20-INS, enter the net excise tax per the original following on your check or money order: return or as previously adjusted. Don’t include any pen- — Filer FEIN. — Tax year beginning and ending dates. alty or interest portions of payments already made. — Contact phone. If paying additional tax with your amended return, you ° To speed up processing of your return: must include interest with your payment. Interest is fig- — Don’t use Form 20-V payment voucher. ured from the day after the due date of your original — Don’t staple payment to the return. return up to the day we receive your full payment. See — Don’t send cash or postdated checks. “Interest rates.” — Don’t use red or purple or any gel ink. ° Assembling your return. Assemble your Oregon Pay all tax and interest due when you file your amended return forms in the following order: return or within 30 days after receiving a billing notice 1. Form OR-20-INS, Oregon Insurance Excise Tax Return; from us to avoid being charged a 5 percent late payment 2. Schedule OR-AP, Apportionment of Income for Cor- penalty. porations and Partnerships; 150-102-129-1 (Rev.10-28-22) 5 2022 Form OR-20-INS Instructions |
3. Schedule OR-AF, Schedule of Affiliates; return and include the federal extension after all other 4. Schedule OR-PI, Schedule of Partnership Information; enclosures. 5. Schedule OR-ASC-CORP, Oregon Adjustments; 6. Form OR-37, Underpayment of Oregon Corporation For an “Oregon only” extension: Answer question 1 on Estimated Tax; federal extension Form 7004, write “For Oregon Only” 7. Other Oregon statements; at the top of the form, and include it with your Oregon 8. Oregon credit forms including notice of credit return when you file. Check the extension checkbox on transfers; the Oregon return. 9. Annual Statement, as indicated below; The Oregon extension due date is the 15th day of the 10. Form 7004, Federal extension. month following the federal extension’s due date. Don’t Life insurance companies should include the following send the extension until you file your Oregon return. pages from the Annual Statement: More time to file doesn’t mean more time to pay your tax. — Page 4—Summary of operations; To avoid penalty and interest, pay tax due prepayments — Page 11, Exhibit 3—General expenses; online, or mail with Form OR-20-V, on or before the orig- — Page E-01—Schedule A, part 1; inal due date of your return. Note: Filing Form OR-20-V — Page E-03—Schedule A, part 3; isn’t an extension of time to file your tax return. — Page 8—Exhibit of net investments; and If you’re making an extension payment by mail, send — Page 49, Schedule T—Premiums and annuity the payment to: Oregon Department of Revenue, PO considerations. Box 14950, Salem OR 97309-0950. Property and casualty insurance companies should Include on your check: include the following pages from the Annual Statement: ° FEIN. — Page Supp 6—Part II Allocation to lines of busi- ° Tax year beginning and ending dates. ness net of reinsurance; ° Contact phone. — Page 4—Statement of income; — Page 11—Underwriting and investment exhibit; • Form OR-37 checkbox. If you have an underpayment — Page E-01 and E-03—Schedule A, part 1; of estimated tax, you must include a completed Form — Page 12—Exhibit of net investment income; and OR-37. Check the Form OR-37 box in the header of your — Page 94, Schedule T—P&C schedule of premiums return. written. Use Form OR-37 to: ° Calculate the amount of underpayment of estimated Mailing Addresses tax; Tax-due returns, with or without payment, mail to: ° Compute the amount of interest you owe on the Oregon Department of Revenue underpayment; or PO Box 14790 ° Show you meet an exception to the payment of interest. Salem OR 97309-0470 • Amended checkbox. Check the amended box if this is (Do NOT include a payment voucher.) an amended return. Refunds or no tax-due returns, mail to: • Alternative apportionment checkbox. See Appendix Oregon Department of Revenue C for complete information. Check this box if you have PO Box 14777 included a request with your return. Salem OR 97309-0960 Name. Generally, a consolidated Oregon return is filed Check or money order payments only, mail to: in the name of the common parent corporation. If the Oregon Department of Revenue parent corporation isn’t doing business in Oregon, file PO Box 14950 the return in the name of the member of the group hav- Salem OR 97309-0950 ing the greatest presence in Oregon. “Having the great- (Include Form OR-20-V payment voucher.) est presence” means that the member has the largest Oregon property value as determined under ORS 314.655 Form instructions (see Schedule OR-AP and OAR 150-317-0540). Heading and checkboxes • Legal name. Enter the corporation’s current legal name as set forth in the articles of incorporation or • Extension checkbox. For an Oregon extension when other legal document. you’re also filing for a federal extension: Send a copy of the federal extension with the Oregon return when • FEIN. Enter the FEIN of the corporation named as the you file. Check the extension checkbox on your Oregon filer on the consolidated Oregon return. 150-102-129-1 (Rev.10-28-22) 6 2022 Form OR-20-INS Instructions |
• DBA/ABN. If the corporation is doing business under a different name, for example, DBA or ABN, enter that Line instructions name. Income • Current address. Always enter the corporation’s cur- Line 1. Life, accident, and health companies (from page rent address. If the address for the year you’re filing 4, line 35 of the annual statement). was different, don’t use the old address or our system will revert your current address to the old address. Line 2. Income, expenses, and other items attributable to separate accounts. Enter amount from “Summary of Questions operations,” page 4, lines 5 and 8.1 of the annual state- ment for life insurance companies. Questions A–C. Complete only if this is your first return or the answer changed during the tax year. Line 3. Subtotal (line 1 minus line 2). Question D. Refer to the current list of North American Line 4. Fire, property, and casualty companies (from Industry Classification System (NAICS) codes found page 4, line 20 of the annual statement). with your federal tax return instructions. Only enter the Line 5. Underwriting profit derived from wet marine code if this is your first return, the current code is dif- and transportation insurance. Enter amount from ferent than you reported last year, or your code begins “Part II Allocation to lines of business net of reinsurance,” with “111” or “112”. lines 8 and 9, column 41, of the P&C annual statement. Foreign insurers and domestic insurers controlled by for- Line 6. Subtotal (line 4 minus line 5). eign insurers aren’t allowed to file consolidated returns Line 7. Total (line 3 plus line 6). and should skip questions E and F. Question E(1). Check this box if you filed a consolidated Additions federal return. Include a list of the corporations included in the consolidated federal return. Line 8. Total additions from Schedule OR-ASC-CORP, Section A. The amount by which an item of income is Question E(2). Check this box if you filed a consolidated greater under Oregon law than as reported above on Oregon return. Complete Schedule OR-AF, Schedule of lines 1 through 6, or the amount by which any allow- Affiliates, and list only the corporations included in the able deduction is less under Oregon law, is an addition consolidated Oregon return that: on your Oregon return. • Are doing business in Oregon; or Use Schedule OR-ASC-CORP, Section A, to report the • Have income from Oregon sources. amount and description code of each difference. Use the description code from the list in Appendix A. The total Question E(3). Check this box if it applies. Include a list of of all additions is entered on Form OR-20-INS, line 8. corporations included in the consolidated federal return that aren’t included in this Oregon return. List each cor- Additions include: poration’s name and FEIN. Note: Include a copy of your • Charitable donations not allowed for Oregon. Dona- federal return and schedules as filed with the IRS. tions to a charitable organization that has received a Question F. If the filing corporation (shown above as disqualifying order from the Attorney General aren’t deductible as charitable donations for Oregon tax pur- legal name) is a subsidiary in an affiliated group, or a poses. Such organizations are required to provide a subsidiary in a parent-subsidiary controlled group, enter disclosure to a donor to acknowledge this. The Attor- the name and FEIN of the parent corporation. For def- ney General will publish online and otherwise make inition of a subsidiary in an affiliated group or a par- publicly available information identifying the chari- ent-subsidiary controlled group, see federal Form 1120, table organizations receiving a disqualification order. Schedule K. If you claimed a federal deduction, an addition must Question G. Enter the total number of corporations be made on your Oregon return for donations to such doing business in Oregon that are included in this return. charitable organizations (ORS 317.491). Question L. Total Oregon sales. If you’re subject to • Child Care Office contributions carryover. Any apportionment, Oregon sales is the amount of Oregon deduction claimed on your federal return must be total insurance sales entered on Schedule OR-AP, part 1, added back to federal taxable income on your Oregon line 22(a). If you’re not subject to apportionment, com- return if you claim the Oregon credit (ORS 315.213). pute your Oregon sales as if you were subject to appor- • Claim of right income repayment adjustment when tionment, using Schedule OR-AP, part 1, lines 19 through credit’s claimed. Any deduction under IRC §1341 21. See the instructions for the insurance sales factor. included in net income from operations must be 150-102-129-1 (Rev.10-28-22) 7 2022 Form OR-20-INS Instructions |
added back to income if your Oregon credit’s claimed the annual statement (due to an excess of refund for a (ORS 317.388). prior year over current year net tax), enter a negative figure. • CPAR addition. If you’re an owner of a partnership that was subject to a partnership-level audit by the ° Life companies: Annual statement, amount included IRS (or you’re an owner of a tiered partner of such a in “Summary of Operations,” page 4, line 32, plus the partnership), you may have to increase or decrease tax on capital gain that was netted out of the amount your Oregon income as a result of the audit. Report an from the annual statement, included in “Summary increase in income using addition code 187 or report a of Operations,” page 4, line 34. decrease in income using subtraction code 384, which- ° P&C companies: Use tax on ordinary income from ever is applicable. Use these codes even if another the annual statement, included in “Statement of code is assigned for the specific type of increased or Income,” page 4, line 19. decreased income (ORS 314.733). Visit our website for • Gain or loss on the disposition of depreciable prop- more information. erty. Add the difference in gain or loss on sale of busi- • Decreases in certain reserves. These are changes ness assets when your Oregon basis is less than your that haven’t been included in the computation of net federal basis (ORS 317.356 and OAR 150-317-0420). income from operations. Add decreases in man datory • Individual Development Account credit. Donations reserves that the insurer is required to maintain by deducted from net income from operations must be law or by rules or directives of the director of the added back to federal taxable income if the Oregon Department of Consumer and Business Services, other credit’s claimed [ORS 315.271(2)]. than decreases that (a) are deducted in arriving at the insurer’s net gain from operations, or (b) result from • IRC §631(a) treatment of timber isn’t recognized by net gains or losses, realized or unrealized, in the value Oregon. Both beginning and ending inventories must of the insurer’s property and investments. be adjusted for IRC §631(a) gain. For Oregon purposes, there’s no taxable event until actual sale (ORS 317.362). ° Life companies—Annual statement, “Summary of operations,” page 4, line 44. • Opportunity Grant Fund (auction). Any federal deduc- — Also add decreases in reserves for policies and tion for contributions for which an Opportunity Grant obligations outstanding before the beginning Fund tax credit certification is made must be added to of the taxable year resulting from changes in the federal taxable income (ORS 315.643). basis and methods of computing such reserves • Oregon production investment fund. Add back the that are justi fied by accounting and actuarial amount of contribution for which a tax credit certifica- practices applicable to or accepted by the insur- tion is made that’s included in net income from opera- ance industry. Such prac tices are commonly tions as a deduction (ORS 315.514). known as “reserve strengthen ing” or “reserve weakening.” • Penalty interest on prepayment of loans. Add any ° Life companies—Annual statement, “Summary of amounts not already included in the computation of operations,” page 4, line 43. net income on the annual statement. ° P&C companies—Annual statement, “Statement of • Realized gains. Add realized gains on sales or income,” page 4, line 37. exchanges of assets, including non-admitted assets • Deferred gain recognized from out-of-state disposi- that weren’t included in net income from operations. tion of property acquired in an IRC §1031 or §1033 • State income taxes (all jurisdictions). Per ORS 317.655 exchange. See ORS 317.327 regarding the computation include only the amount of state income taxes (includ- of the addition if deferred gain or loss wasn’t taken into ing Oregon minimum tax) included in the following account in the computation of Oregon taxable income. amounts on the annual statement: • Depletion (percentage in excess of cost). Add the ° Life companies: Annual statement, included in federal deduction for depletion that is in excess of the “General expenses,” page 11, exhibit 3, lines 3, 4, and Oregon allowance for depletion (ORS 317.301). 6, column 5. • Depreciation differences. If your Oregon depreciation ° P&C companies: Annual statement, included in isn’t the same as the amount included in net income “Underwriting and investment exhibit,” page 11, from operations, the difference is a required modifica- lines 20.1 and 20.4. tion on your Oregon return (ORS 317.301). Use Sched- • University venture development fund contributions. ule OR-DEPR to determine the Oregon modification. Add to income the amount of contributions deducted • Federal income taxes. Add the amount of federal in net income from operations and used to calculate income taxes deducted in computing net income from the University Venture Fund Contribution credit taken operations. If a net refund of federal tax is shown on on your Oregon return (ORS 315.521). 150-102-129-1 (Rev.10-28-22) 8 2022 Form OR-20-INS Instructions |
Line 9. Income after additions (line 7 plus line 8). • Gain or loss on the sale of depreciable property. The difference in gain or loss on the sale of business assets Subtractions when your Oregon basis is greater than your federal basis (ORS 317.356). Line 10. Total subtractions from Schedule OR-ASC- CORP, Section B. The amount by which an item of income • Increases in certain reserves. Subtract increases in is less under Oregon law than reported above on lines 1 reserves described in the instructions for additions. through 6, or the amount by which an allowable deduc- • Land donation or bargain sale of land to educa- tion is greater under Oregon law than reported above, is tional institutions. Enter the fair market value of land a subtraction on your Oregon return. donated or the amount of the reduction in sales price of land sold to a school district. The subtraction is limited Use Schedule OR-ASC-CORP, Section B, to report the to 50 percent of Oregon taxable income (ORS 317.488). amount and description code of each difference. Use the description code from the list in Appendix A. The total • Marijuana business expenses. ORS 317.363 allows of all subtractions is entered on Form OR-20-INS, line 10. Oregon taxpayers filing a corporate excise or income tax return to deduct business expenses otherwise Subtractions include: barred by IRC §280E if the taxpayer is engaged in mar- • Amortization of past service credits. Subtract the ijuana-related activities authorized by ORS 475C.005 to amortized portion of contribution for past service 475C.525, or ORS 475C.700 to 475C.919. credits made to qualified plans and exempt employee • Psilocybin business expenses. ORS 317.363 allows trusts. The subtraction is for amounts not deducted Oregon corporation excise and income tax filers to in the computation of net gain from operations in subtract certain business expenses otherwise barred the annual statement. There’s no explicit item in the by IRC §280E if the corporation is engaged in psilo- annual statement. cybin-related activities authorized by ORS 475A.210 to 475A.722, the Oregon Psilocybin Services Act. Use sub- ° P&C and life companies—See note(s) in the NAIC traction code 385 on Schedule OR-ASC-CORP. annual statement about retirement plans. • Realized losses. Realized losses on sales or exchanges • CPAR subtraction. If you’re an owner of a partner- of assets, including non-admitted assets that weren’t ship that was subject to a partnership-level audit by included in net income from operations. the IRS (or you’re an owner of a tiered partner of such a partnership), you may have to increase or decrease Line 11. Income before net loss deduction (line 9 minus your Oregon income as a result of the audit. Report an line 10). increase in income using addition code 187 or report a Line 12. Net loss deduction. decrease in income using subtraction code 384, which- ever is applicable. Use these codes even if another • Enter the deduction on line 12 if substitute “utilized” code is assigned for the specific type of increased or only by Oregon. Enter as a positive number. decreased income (ORS 314.733). Visit our website for • Enter the deduction on Schedule OR-AP, part 2, line 10a more information. if substitute “utilized” both in Oregon and another state. • Include a schedule showing your computations. • Deferred gain recognized from out-of-state disposi- • The Oregon deduction is the sum of unused net losses tion of property acquired in an IRC §1031 or §1033 assigned to Oregon for preceding taxable years. exchange. See ORS 317.327 regarding the computation • A net operating loss carryforward is required to be of the subtraction if deferred gain or loss wasn’t taken reduced by the entire Oregon taxable income of inter- into account in the computation of Oregon taxable vening tax years [ORS 317.476(4)(b)]. income. • Insurers may carry net losses forward up to 15 years. • Oregon doesn’t allow net losses to be carried back. • Depletion. Subtract the Oregon allowance for deple- • The total net loss deduction on a consolidated Oregon tion that is in excess of the federal deduction for deple- return is the sum of the net losses available to each tion (ORS 317.374). of the corporations subject to the limitations in ORS • Depreciation differences. If your Oregon depreciation 317.476 and supporting administrative rules (ORS isn’t the same as the amount included in net income 317.665). from operations, the difference is a required modifica- Line 13. Apportionment percentage. Enter the appor- tion on your Oregon return (ORS 317.356). Use Sched- tionment percentage from Schedule OR-AP, part 1, line ule OR-DEPR to determine the Oregon modification. 23. If you have income only in Oregon and don’t appor- tion, enter 100.0000. • Film production labor rebate. Subtract the amount received as a labor rebate that’s included in net income Line 14. Oregon taxable income (line 11 minus line 12, from operations (ORS 317.394). or amount Schedule OR-AP, part 2, line 12). 150-102-129-1 (Rev.10-28-22) 9 2022 Form OR-20-INS Instructions |
Tax Line 21: Tax after standard credits (line 19 minus line 20, not less than minimum tax). Line 15. Calculated excise tax. Don’t enter the mini- mum tax on this line. See Appendix B for computation. Line 22. Total carryforward credits from Schedule OR-ASC-CORP, Section C. Enter the total as a positive Line 16. Minimum tax. The minimum tax for C corpora- number. tions and insurance companies doing business in Oregon is based on Oregon sales. Use the table in Appendix B. Line 23. Oregon Life and Health Insurance Guaranty Association (OLHIGA) offset (ORS 734.835). • Consolidated returns: the minimum tax is based on Oregon sales of the affiliated group of corporations fil- Line 24. Total carryforward credits/offsets (add lines 22 ing an Oregon return. One minimum tax applies to the and 23). Credits against excise tax must be claimed in affiliated group filing the consolidated return, not to the following order: Standard and carryforward credits, each individual affiliate included in the consolidated then the OLHIGA offset, but not below minimum tax. return doing business in Oregon. • The minimum tax isn’t apportionable for a short tax Net excise tax year (except a change of accounting period). Line 25. Net excise tax (line 21 minus line 24). This can’t Nonapportioned returns. Domestic insurance compa- be less than minimum tax. nies doing business only within Oregon can calculate Oregon sales by adding the following: Payments, penalty, interest, and UND • Direct premiums; Line 26. Estimated tax payments, other prepayments, • Annuity considerations; and and refundable credits (from Schedule ES on page 5). • Finance and service charge. • Fill in the total estimated tax payments made before Apportioned returns. C corporations and insurance filing your Oregon return. companies doing business in more than one state that • List name and FEIN of the payer only if different from apportion business income for Oregon tax purposes, use the corporation filing this return. the Oregon sales amount from line 22(a) on Schedule Note: OR-AP, part 1. Consolidated return filers. If estimated payments were made under a different name, fill in the paying Line 17. Tax (greater of line 15 or line 16). Oregon tax is corporation’s name and FEIN on Schedule ES for correct the greater of total calculated tax or minimum tax. application of estimated payments. Line 18. Tax adjustment for installment sales interest. Note: Missing or incomplete information on payments If you owe interest on deferred tax liabilities with respect made by an affiliate could result in a bill. to installment obligations under ORS 314.302, enter the amount of interest as a positive number. Include a sched- • Include any refunds applied from other years on line 5. ule showing how you figured the interest. • Enter payments made with your extension or other prepayments on line 6. Line 19. Tax before credits (line 17 plus line 18). • Fill in on line 7 the refundable credits from Schedule OR-ASC-CORP, Section E. Credits and offsets • Carry the total from line 8 to Form OR-20-INS, line 26. For a list and description of Oregon corporation credits, Line 27. Withholding payments made on your behalf including links to certifying agencies and forms, visit from pass-through entity or real estate income. If taxes www.oregon.gov/dor. were paid on the corporation’s behalf, enter the amount Note: Minimum tax can’t be “reduced, paid, or otherwise on this line. satisfied through the use of any tax credit” (ORS 317.090). There’s a requirement to withhold tax from the proceeds Important: of sales of Oregon real property by nonresidents. This applies to individual nonresidents as well as C corpora- • All credits are claimed on Schedule OR-ASC-CORP tions that aren’t doing business in Oregon. The amount except OLHIGA (ORS 734.835). to be withheld is the lesser of: • List credits and codes on the OR-ASC-CORP in the order you want them used. • 4 percent of the consideration (sales price); • Generally, taxpayers must claim the full amount of a • 4 percent of the net proceeds (amount dispersed to the credit allowed per year (ORS 314.078). seller); or • Credits can’t be used to offset minimum tax, unless • 8 percent of the gain that’s includible in Oregon tax- specified by statute. able income for the year. Line 20. Total standard credits from Schedule OR-ASC- Withholding isn’t required if one of the following require- CORP, Section C. Enter the total as a positive number. ments is met: 150-102-129-1 (Rev.10-28-22) 10 2022 Form OR-20-INS Instructions |
• The consideration for the real property doesn’t exceed If you filed with a valid extension but didn’t pay $100,000; 90 percent of your tax by the original due date, you’ll • The property is acquired through foreclosure; be charged the 5 percent failure-to-pay penalty. • The transferor (owner) is a resident of Oregon or—if a • 20 percent failure-to-file penalty. Include a penalty C corporation—has a permanent place of business in payment of 20 percent of your unpaid tax if you don’t this state; or file your return within three months after the due date • The transferor meets one of the requirements in ORS (including extensions). The failure-to-file penalty is in 314.258(3)(d) through (f). addition to the 5 percent failure-to-pay penalty. See instructions for Oregon Form OR-18-WC, Report of • 100 percent late pay and late filing penalty. Include Tax Payment or Written Affirmation for Oregon Real Prop- a penalty payment of 100 percent of your unpaid tax erty Conveyance, for more information (ORS 314.258 and if you don’t file returns for three consecutive years by supporting administrative rules). the original or extended return filing due date of the Pass-through entity withholding requirement. A pass- third year. A 100 percent penalty is assessed on each through entity (partnership, S corporation, LLP, LLC, or year’s tax balance. certain trusts) with distributive income from Oregon Line 31. Interest due with this return. You must pay sources must withhold tax from its nonresident owners. interest on unpaid taxes if: The requirement is waived if the nonresident owner • You don’t pay the tax balance by the original filing due makes an election to join in the filing of a composite date, excluding extensions; return, sends us a signed Form OR-19-AF, Oregon Affi- • You file an amended return and have tax to pay; or davit for a Nonresident Owner of a Pass-through Entity, or • Your taxable income is changed because of a federal or meets another exception listed in ORS 314.775 and sup- state audit and you owe more tax. porting administrative rules. For more information, see Interest owed on tax starts the day after the due date of instructions for Oregon Form OR-19, Annual Report of your original return, excluding extensions, and ends on Nonresident Owner Tax Payments, 150-101-182. the date of your payment. Interest is computed daily. Line 28. Tax due. Is line 25 more than line 26 plus line To calculate interest: 27? If so, line 25 minus lines 26 and 27. Tax × daily interest rate × number of days. Line 29. Overpayment. Is line 25 less than line 26 plus line 27? If so, line 26 plus line 27, minus line 25. Interest rates and effective dates: Line 30. Penalty due with this return. To avoid penalty For periods and interest, you must make any tax payment owed by beginning Annually Daily the original due date of the tax return, excluding exten- January 1, 2023 6% 0.0164% sions. You must also e-file or mail your tax return by the January 1, 2022 4% 0.0110% original due date, or by the extended due date if you file January 1, 2021 4% 0.0110% with a valid extension included. Interest accrues on any unpaid tax during an extension Enter the following penalties on your return if they of time to file. apply. Interest will increase by one-third of 1 percent per month • 5 percent failure-to-pay penalty. Include a penalty (4 percent yearly) on delinquencies if: payment of 5 percent of your unpaid tax if you don’t pay by the original due date, even if you have an exten- • You file a return showing tax due, or we assessed an sion of time to file. existing deficiency; and • The assessment isn’t paid within 60 days after the Exception: You won’t be charged the 5 percent fail- notice of assessment is issued; and ure-to-pay penalty if you meet all of the following • You haven’t filed a timely appeal with us. requirements: Line 32. Interest on underpayment of estimated tax ° You have a valid federal or Oregon extension, and (UND). You must make quarterly estimated tax pay- ° You pay at least 90 percent of your tax after credits ments if you expect to owe $500 or more in tax. This by the original due date of the return, and includes Oregon’s minimum tax. Oregon charges UND if: ° You file your return within the extension period, and • The quarterly payment is less than the amount due for ° You pay the balance of tax due when you file your that quarter; or return, and • We receive the quarterly payment after that quarter’s ° You pay the interest on the balance of tax due when due date; or you file your return or within 30 days of the date of • No quarterly payments are made during the year and the bill you receive from us. the final tax debt is $500 or more. 150-102-129-1 (Rev.10-28-22) 11 2022 Form OR-20-INS Instructions |
Use Form OR-37 to: Special instructions. If you owe a penalty or interest and have an overpayment on line 29, and your overpay- • Calculate the amount of underpayment of estimated ment is less than total penalty and interest, then fill in tax; the result of line 33 minus line 29, on line 34. • Compute the interest you owe on the underpayment; or Line 36. Amount of refund to be credited to estimated • Show you meet an exception to the payment of interest. tax. You may elect to apply part or all of your refund to your next year’s estimated tax payments. Fill in the If you have an underpayment of estimated tax, include amount you want to apply. Your election is irrevocable. Form OR-37 with your tax return, check the box on page 1 of Form OR-20-INS, and file them before the due date Elected amounts that are attributable to estimated tax of the return. payments received prior to the following year’s first quarter estimated tax due date, will be applied as a If your current year corporation tax liability, including the timely first quarter installment of the following year. minimum tax, is less than $500, you don’t need to make Elected amounts attributable to payments received after estimated payments. Don’t complete this form. However, the following year’s first quarter estimated tax due date, this provision doesn’t apply to a high-income taxpayer. A will be applied to the following year’s estimated tax “high-income taxpayer” is one that had federal taxable account as of the date the payment is received. See ORS income before net operating loss and capital loss carry- 314.515 and OAR 150-314-0302. overs and carrybacks of $1 million or more in any one of the last three years, not including the current year. Line 37. Net refund (line 35 minus line 36). Line 33. Total penalty and interest (add lines 30 through 32). Do you have questions or need help? Total due or refund www.oregon.gov/dor Line 34. Total due (line 28 plus line 33). See “Filing 503-378-4988 or 800-356-4222 checklist” for payment options. Don’t include a Form questions.dor@ dor.oregon.gov OR-20-V, payment voucher, with your payment if includ- Contact us for ADA accommodations or assistance in ing a payment with your return. other languages. Note: Any payments received after the original due date will be applied first to penalty, then to interest, and then to tax [ORS 305.265(13)]. 150-102-129-1 (Rev.10-28-22) 12 2022 Form OR-20-INS Instructions |
Appendix A Corporation Form OR-20-INS 2022 Schedule OR-ASC-CORP codes Additions Description Code Description Code Charitable donations not allowed for Oregon ............. 132 Individual Development Account credit ...................... 113 Child Care Office contributions carryover ................... 153 IRC §631(a) treatment of timber not recognized by Claim of right income repayment .................................. 173 Oregon ............................................................................ 162 CPAR addition .................................................................. 187 Opportunity Grant Fund (auction) ................................ 185 Decreases in certain reserves .......................................... 180 Oregon production investment fund ............................ 157 Deferred gain from out-of-state disposition of Penalty interest on prepayment of loans ...................... 182 property ......................................................................... 118 Realized gains not in net income from operations ...... 172 Depletion (percentage in excess of cost) ....................... 166 State income taxes deducted from the annual Depreciation differences.................................................. 174 statement ........................................................................ 179 Federal income taxes deducted from the annual Uncategorized addition (must include explanation) ... 199 statement ....................................................................... 181 University venture development fund Gain or loss on disposition of depreciable property ... 158 contributions ................................................................. 171 Subtractions Description Code Description Code Amortization of past service credits .............................. 374 Increases in certain reserves ........................................... 373 CPAR subtraction ............................................................. 384 Land donation or bargain sale of land to educational Deferred gain from out-of-state disposition of institutions ..................................................................... 350 property ......................................................................... 352 Marijuana business expenses ......................................... 375 Depletion (Oregon in excess of federal allowance) ..... 362 Psilocybin business expenses ......................................... 385 Depreciation differences.................................................. 353 Realized losses not in net income from operations ..... 363 Film production labor rebate .......................................... 336 Uncategorized subtraction (must include Gain or loss on sale of depreciable property ................ 356 explanation) ................................................................... 399 Standard credits Description Code Oregon Cultural Trust contribution (ORS 315.675) ..... 807 Reservation enterprise zone (ORS 285C.309) ............... 810 Uncategorized credit (must include explanation) ....... 899 150-102-129-1 (Rev.10-28-22) 13 2022 Form OR-20-INS 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 Alternative qualified research activities (ORS 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 (ORS 317.152) (ORS 315.213) .................................................................841 (carryforward only) ...................................................... 858 Crop donation (ORS 315.156) ......................................... 843 Renewable energy resource equipment Electronic commerce zone investment (ORS 315.507) manufacturing facility (carryforward only) (carryforward only) ...................................................... 845 (ORS 315.341) ................................................................ 860 Employer-provided dependent care assistance Rural technology workforce development (carryforward only) (ORS 315.204) ............................ 846 (ORS 315.523) ................................................................ 868 Employer scholarship (ORS 315.237) ............................ 847 Short line railroad rehabilitation (ORS 315.593) .......... 872 Energy conservation projects (carryforward only) Transportation projects (carryforward only) (ORS 315.331) ................................................................ 849 (ORS 315.336) ................................................................ 863 Fish screening devices (ORS 315.138)............................ 850 Uncategorized carryforward credit (must include Individual Development Account (IDA) donation explanation) ................................................................... 999 (ORS 315.271) ................................................................ 852 University venture fund (ORS 315.521) ........................ 864 Lender’s credit: energy conservation (carryforward Weatherization lender’s credit (carryforward only) only) (ORS 317.112) ...................................................... 848 (ORS 317.111) ................................................................. 866 Long-term enterprise zone facilities (carryforward only) (ORS 317.124) ...................................................... 853 Refundable credits Description Code Claim of right (ORS 315.068) .......................................... 890 Items with a specific line on the form don’t have a code. See Form OR-20-INS. 150-102-129-1 (Rev.10-28-22) 14 2022 Form OR-20-INS Instructions |
Appendix B Oregon Corporation Form OR-20-INS 2022 Tax rates and minimum tax table Note: Corporation excise tax filers pay the greater of calculated tax or minimum tax. 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 100,000 150-102-129-1 (Rev.10-28-22) 15 2022 Form OR-20-INS Instructions |
Appendix C Oregon Corporation Form OR-20-INS 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 If your alternative apportionment petition is approved, request until you file your original or amended return you may amend your returns within the normal statute using standard apportionment provisions. of limitations. The approval of your petition will remain • Your original or amended return, for which the writ- in effect unless and until we revoke it during audit or ten petition requests alternative apportionment, must you file a new petition and receive our approval of the use standard apportionment provisions. new proposal. • Mail your petition to: Oregon Department of Reve- 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 • Your written petition for alternative apportionment complete your original or amended return while the can be submitted with your original or amended department rules, in writing, on your request for alter- return (Method 1) or separate from your original or native apportionment. amended return (Method 2). • In the case of a UDITPA taxpayer, the petition must • For administrative purposes, we prefer Method 2. fully explain the extent of the taxpayer’s business activity in Oregon and why standard apportionment Method 1 —Alternative apportionment petition doesn’t fairly and equitably represent the taxpayer’s submitted with your original or amended return business activity in Oregon. An ORS 314.280 taxpayer • Check the alternative apportionment checkbox on must fully explain why standard apportionment the front of the return and include a written peti- doesn’t fairly and equitably represent the amount of tion for alternative apportionment with your original net income the taxpayer earns inside and outside Ore- or amended return. Failure to do so could result in gon. An insurer must explain why standard appor- your request being overlooked. This box is to denote tionment doesn’t fairly and equitably represent the requests only and isn’t to be used after a request is insurer’s business activity within Oregon. approved. • Your petition must fully explain your proposed • You must include a written petition for alternative method of alternative apportionment and explain why apportionment with your original or amended return this proposed method is more accurate in reflecting if you check the alternative apportionment checkbox. business activity or net income, as appropriate, in Ore- • Do not complete the original or amended return using gon than the standard formula. an alternative method of apportionment unless/until • The petition must show how the Oregon return (Form that alternative method of apportionment has been OR-20, OR-20-INC, OR-20-INS, or OR-20-S) would be approved. completed, including the net tax calculation, using the • Include your petition with your return. proposed method of alternative apportionment. 150-102-129-1 (Rev.10-28-22) 16 2022 Form OR-20-INS Instructions |