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                              Schedule OR-TSE-AP Instructions
                              Oregon Transit Self-Employment                                                            2022 
                              Tax Apportionment

This publication is a guide, not a complete statement, of Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR).  
For possible updates and more information, visit  www.oregon.gov/dor/business.

                                                                                     use Schedule AP-1, unless you meet the exception below.
Purpose of Schedule OR-TSE-AP
                                                                                     Exception: Use Schedule AP-2 if you’re an electing utility or 
Schedule OR-TSE-AP is used for all self-employed indi-                               telecommunications taxpayer.
viduals that are doing business both in and out of the transit 
district. Use this schedule with Forms OR-TM and OR-LTD.                             Remember: If you meet the exception and elect this option, 
                                                                                     please check the box "Utility or telecommunications" on the 
Each individual carrying on business both inside and outside                         front of Form OR-TM or Form OR-LTD.
the district must complete this form and include it when 
filing their return.                                                                 The election is for taxpayers primarily engaged in utilities 
                                                                                     and telecommunications to apportion income using the 
                                                                                     double-weighted sales factor formula provided in ORS 
Apportionment and allocation                                                         314.650 (1999 edition). This election may be revoked later.
Apportionment is dividing apportionable income inside and 
outside the district by use of a formula. Allocation is the as-                      Apportionment factors
signment of specific nonapportionable income to the district. 
Most individuals with self-employment income and busi-                               1.  Property factor
ness activities both inside and outside the district must use                          Business property within the district is entered on line 1a. 
the apportionment and allocation methods provided in the                             All owned or rented business property should be entered 
Uniform Division of Income for Tax Purpose Act (UDITPA)                              on line 1b.
(ORS 314.605 through 314.690 and supporting administra-
tive rules).                                                                           • Owned property is valued at original cost. Show the 
                                                                                     average value during the taxable year of real and tan-
Rounding to whole dollars.    Enter amounts as whole dol-                            gible personal property used in the business. This is the 
lars only. Example: $4,681.55 becomes $4,682; and $8,775.22                          average of property values at the beginning and the end 
becomes $8,775.                                                                      of the tax period. An average of the monthly values may 
Rounding percentages.         When computing the property,                           be required if a more reasonable value results.
payroll, and sales factor percentages, round the percentage                            • Rented property is valued at eight times the annual 
to four decimal places. For example, 12.34558 percent should                         rent you pay. The annual rent paid must be reduced by 
be 12.3456 percent.                                                                  nonbusiness subrentals. 
                                                                                     2.  Payroll factor
Partnership apportionment                                                              Compensation to employees for services performed must 
                                                                                     be included in the payroll factor. Payroll is assigned to the 
If a partnership elects to file and pay the transit self-employ-                     district if:
ment tax for all of its participating individual partners, the 
                                                                                       • The services are performed entirely inside the district; 
partnership must use net earnings from self-employment 
                                                                                     or
as reported on federal Form 1065 to figure the tax.  The ap-
                                                                                       • The services are performed both in and out of the district, 
portionment is based on the partnership as a whole, not the 
                                                                                     but those services performed outside are only incidental;  
individual partner.
                                                                                     or
Example: Self-employment earnings from partnership                                     • Some of the services are performed in the district and, (a) 
                                                                                     the base of operation or control is located in the district 
Form 1065 ..............................................................$ 2,000,000
                                                                                     or, (b) the base of operation or control isn’t in the district 
Sales within transit district .................................$   35,000
                                                                                     or in any district where the employee’s services are per-
Total partnership sales .........................................$ 3,000,000 
                                                                                     formed, but the employee’s residence is in the district.
Transit apportionment .........................................    .011667
Net self-employment earnings ...........................$   23,334                   3.  Sales factor
Complete Schedule OR-TSE-AP, Schedules AP-1 or AP-2, to                                The sales factor is the percentage that sales or other self-
determine the apportionment percent. Most taxpayers will                             employment gross receipts within the district compare to 

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sales or other self-employment gross receipts everywhere           individual also emails billable work products to customers 
for the taxable year.                                              located both inside and outside the district. The receipts 
  Other self-employment gross receipts, including services,        are sourced to the district to the extent the services were 
are any items other than sales of tangible personal prop-          delivered to the district.
erty.                                                                   (b) Same facts as (a) except the consultant’s home is lo-
  Amounts received for services should be entered, along           cated outside the district. Receipts would be sourced to 
with other self-employment gross receipts. Amounts re-             the district to the extent the services were delivered to the 
ceived for services are included in the district to the extent     district.
the services are delivered to a location in the district
                                                                     (c) A broker located outside the district provides services 
Sales of tangible personal property are assigned to the            to customers inside the district. Under MBS, the receipts 
district if:                                                       from providing services to customers inside the district 
  • The property is shipped or delivered to a purchaser in         would be sourced to the district.
the district; or
                                                                     (d) A landscaper located outside the district performs land-
  • The property is shipped from a warehouse or other place 
of storage in the district; and (a) the purchaser is the U.S.      scaping services at locations inside the district.  Receipts 
government or, (b) the business income isn’t taxable               from landscaping services at locations inside the district 
outside the district or in the district of the purchaser.          would be sourced to the district.
See ORS 314.665(3) for exceptions.                                   (e) An auto mechanic performs services at their regular 
A taxpayer’s market for sales is in the district in the case of    place of business located outside of the district but also 
intangible property that is sold, if and to the extent the prop-   offers mobile services to customers located both inside 
erty is used in the district. Under this subsection:               and outside the district. Receipts from mobile services to 
                                                                   customers located in the district would be sourced to the 
  (a) A contract right, government license or similar intan-
gible property that authorizes the holder to conduct a             district. 
business activity in a specific geographic area is deemed            (f) An author located in the district writes a book and sends 
to be used in this district if the geographic area includes        it to a publisher located out of state. The published book 
all or part of this district.                                      is then sold to customers throughout the U.S. including 
     (b) Intangible property sales that are contingent on the      some who are located inside the district. The author earns 
productivity, use or disposition of the intangible property        royalty income for each book sold. The royalty income is 
shall be treated as the rental, lease or licensing of such         taxable in the district to the extent the author’s books are 
intangible property under subsection (2) of this section.          sold within the district.  
  (c) All other intangible property sales shall be excluded 
from the sales factor.                                             Taxpayer assistance
                                                                   Do you have questions or need help?
The following examples illustrate how taxpayers would 
source receipts from services to transit districts under mar-      www.oregon.gov/dor
ket-based sourcing. These examples are for informational           503-378-4988 or 800-356-4222
purposes only and are not a statement of law. Your facts             questions.dor@dor.oregon.gov
and circumstances may result in a different determination.
                                                                   Specific transit self-employment tax questions:  
  (a) An individual is a self-employed consultant who works          tse.help.dor@dor.oregon.gov
from their home located within the district. The individual 
makes billable phone calls from their home to clients who          Contact us for ADA accommodations or assistance in other 
are located both inside and outside of the district. The           languages.

150-500-051-1 (Rev. 10-04-22)                                    2                           2022 Schedule OR-TSE-AP Instructions






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