ORS Chapter 315

Chapter 315 — Personaland Corporate Income or Excise Tax Credits

2009 EDITION

INCOMEOR EXCISE TAX CREDITS

REVENUEAND TAXATION

GENERALPROVISIONS

315.004 Definitions;adoption of parts of Internal Revenue Code and application of federal laws andregulations; technical corrections

315.050 Creditsapplicable for limited time

315.052 Limitationon transfer or sale of credit

315.053 Restrictionon types of transferees

315.054 Federaltax credits allowable only as specified

315.063 Waiverof substantiation by Department of Revenue; rules

315.068 Claimof right income repayment adjustments

AGRICULTURE;FISHERIES; FORESTRY

315.104 Reforestation;rules

315.106 Reforestationcredit preliminary certificate; application; limitation calculation; rules; fee

315.108 Annualreforestation credit cost limitation

315.111 Legislativedeclarations regarding riparian land conservation

315.113 Voluntaryremoval of riparian land from farm production; rules

315.117 Legislativefindings and declarations regarding on-farm processing

315.119 On-farmprocessing facilities

315.123 Minimumproduction and processing volume requirements; recordkeeping requirements

315.134 Fishhabitat improvement

315.138 Screeningdevices, by-pass devices or fishways; rules

315.141 Biomassproduction or collection; fee; rules; list of taxpayers allowed credit;documentation

315.144 Transferof biomass credit; rules

315.154 Definitionsfor crop donation credit

315.156 Cropdonation; forms

315.163 Definitionsfor ORS 315.163 to 315.172

315.164 Farmworkerhousing projects; rules

315.167 Farmworkerhousing credit application; procedure; limitation; rules

315.169 Farmworkerhousing contributor credit; transfer of farmworker housing owner or operatorcredit; continued eligibility; rules

315.172 Collectionof taxes upon disallowance of farmworker housing credit

CHILDRENAND FAMILIES; POVERTY RELIEF

315.204 Dependentcare assistance; rules

315.208 Dependentcare facilities

315.213 ChildCare Division contributions

315.237 Employeeand dependent scholarship program payments

315.259 FirstBreak Program; rules

315.262 Workingfamily child care; rules

315.266 Earnedincome; rules

315.271 Individualdevelopment accounts

315.272 Certainindividual development account withdrawals

315.274 Qualifiedadoption expenses

ENVIRONMENTAND ENERGY

315.304 Pollutioncontrol facilities

315.311 Emissionreducing production technology or process

315.324 Plasticsrecycling

315.354 Energyconservation facilities

315.356 Othergrants as offset to cost of energy conservation facility; changes in crediteligibility when taxpayer participates in other programs

(Temporaryprovisions relating to low emission truck engines are compiled as notesfollowing ORS 315.356)

(Temporaryprovisions relating to diesel engines are compiled as notes following ORS315.356)

315.357 Timelimit applicable to energy conservation tax credit

315.465 Biofuelsand fuel blends

315.469 Biodieselused in home heating

ECONOMICDEVELOPMENT

315.507 Electroniccommerce in designated enterprise zone

315.508 Recordkeepingrequirements for electronic commerce credit; disallowance of credit

315.511 Advancedtelecommunications facilities

315.514 Filmproduction development contributions; rules

315.517 Watertransit vessels

315.521 Universityventure development fund contributions

HEALTH

315.604 Bonemarrow donor expense

315.610 Longterm care insurance

315.613 Creditavailable to persons providing rural medical care and affiliated with certainrural hospitals

315.616 Additionalproviders who may qualify for credit

315.619 Creditfor medical staff at type C hospital

315.622 Ruralemergency medical technicians

315.624 Medicalcare to residents of Oregon Veterans’ Home

315.628 Healthcare services under TRICARE contract

315.631 Certificationof health care providers; reports

CULTURE

315.675 Trustfor Cultural Development Account contributions

315.001 [Enacted as1953 c.308 §1; repealed by 1965 c.26 §6]

315.002 [Enacted as1953 c.308 §2; repealed by 1965 c.26 §6]

315.003 [Enacted as1953 c.308 §3; repealed by 1965 c.26 §6]

GENERALPROVISIONS

315.004Definitions; adoption of parts of Internal Revenue Code and application offederal laws and regulations; technical corrections. (1) Except whenthe context requires otherwise, the definitions contained in ORS chapters 314,316, 317 and 318 are applicable in the construction, interpretation andapplication of the personal and corporate income and excise tax creditscontained in this chapter.

(2)(a)For purposes of the tax credits contained in this chapter, any term has thesame meaning as when used in a comparable context in the laws of the UnitedStates relating to federal income taxes, unless a different meaning is clearlyrequired or the term is specifically defined for purposes of construing,interpreting and applying the credit.

(b)With respect to the tax credits contained in this chapter, any reference to thelaws of the United States or to the Internal Revenue Code means the laws of theUnited States relating to income taxes or the Internal Revenue Code as they areamended on or before May 1, 2009, even when the amendments take effect orbecome operative after that date.

(3)Insofar as is practicable in the administration of this chapter, the Departmentof Revenue shall apply and follow the administrative and judicialinterpretations of the federal income tax law. When a provision of the federalincome tax law is the subject of conflicting opinions by two or more federalcourts, the department shall follow the rule observed by the United StatesCommissioner of Internal Revenue until the conflict is resolved. Nothingcontained in this section limits the right or duty of the department to auditthe return of any taxpayer or to determine any fact relating to the tax liabilityof any taxpayer.

(4)When portions of the Internal Revenue Code incorporated by reference asprovided in subsection (2) of this section refer to rules or regulationsprescribed by the Secretary of the Treasury, then such rules or regulations shallbe regarded as rules adopted by the department under and in accordance with theprovisions of this chapter, whenever they are prescribed or amended.

(5)(a)When portions of the Internal Revenue Code incorporated by reference asprovided in subsection (2) of this section are later corrected by an Act or aTitle within an Act of the United States Congress designated as an Act or Titlemaking technical corrections, then notwithstanding the date that the Act orTitle becomes law, those portions of the Internal Revenue Code, as socorrected, shall be the portions of the Internal Revenue Code incorporated byreference as provided in subsection (2) of this section and shall take effect,unless otherwise indicated by the Act or Title (in which case the provisionsshall take effect as indicated in the Act or Title), as if originally includedin the provisions of the Act being technically corrected. If, on account ofthis subsection, any adjustment is required to an Oregon return that wouldotherwise be prevented by operation of law or rule, the adjustment shall bemade, notwithstanding any law or rule to the contrary, in the manner providedunder ORS 314.135.

(b)As used in this subsection, “Act or Title” includes any subtitle, division orother part of an Act or Title. [1993 c.730 §2; 1995 c.556 §34; 1997 c.839 §64;1999 c.90 §7; 2001 c.660 §34; 2003 c.77 §11; 2005 c.832 §24; 2007 c.614 §11;2008 c.45 §12; 2009 c.5 §22; 2009 c.909 §23]

315.005 [Repealed by1965 c.26 §6]

315.010 [Amended by1953 c.325 §3; repealed by 1965 c.26 §6]

315.015 [Repealed by1965 c.26 §6]

315.020 [Repealed by1965 c.26 §6]

315.025 [Repealed by1965 c.26 §6]

315.030 [Repealed by1965 c.26 §6]

315.035 [Repealed by1965 c.26 §6]

315.040 [Repealed by1965 c.26 §6]

315.045 [Repealed by1965 c.26 §6]

315.050Credits applicable for limited time. Any tax credit enacted by theLegislative Assembly on or after January 1, 2010, shall apply for a maximum ofsix tax years beginning with the initial tax year for which the credit is applicable,unless the Legislative Assembly expressly provides for another period ofapplicability. [2009 c.913 §53]

Note: 315.050 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 315 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

315.052Limitation on transfer or sale of credit. An income tax credit that isallowed under this chapter or ORS chapter 316, 317 or 318 and that istransferable may be transferred or sold only once, unless expressly providedotherwise by statute. [2009 c.288 §3]

315.053Restriction on types of transferees. An income tax credit allowed under ORS315.141, 315.354 or 315.514 or section 47, chapter 843, Oregon Laws 2007, orsection 12, chapter 855, Oregon Laws 2007, may be transferred or sold only toone or more of the following:

(1)A C corporation.

(2)An S corporation.

(3)A personal income taxpayer. [2009 c.288 §2]

315.054Federal tax credits allowable only as specified. No creditsapplied directly to the income tax calculated for federal purposes pursuant tothe Internal Revenue Code shall be applied in calculating the tax due under ORSchapter 314, 316, 317 or 318 except those prescribed in this chapter or ORS chapter314, 316, 317 or 318. [1993 c.730 §4 (enacted in lieu of 316.107)]

315.055 [Repealed by1965 c.26 §6]

315.060 [Repealed by1965 c.26 §6]

315.063Waiver of substantiation by Department of Revenue; rules.