Oregon Statutes 316.716 – Differences in basis on federal and state return; application of federal credit
(1) Upon the taxable sale, exchange or disposition of any asset in a tax year beginning on or after January 1, 1983, federal taxable income shall be increased or decreased by an amount which will reflect one or more of the following:
Terms Used In Oregon Statutes 316.716
- Taxable income: means the taxable income as defined in subsection (a) or (b), section 63 of the Internal Revenue Code, with such additions, subtractions and adjustments as are prescribed by this chapter. See Oregon Statutes 316.022
- Taxpayer: means any natural person, estate, trust, or beneficiary whose income is in whole or in part subject to the taxes imposed by this chapter, or any employer required by this chapter to withhold personal income taxes from the compensation of employees for remittance to the state. See Oregon Statutes 316.022
(a) The difference in basis which results from the difference in depreciation or cost recovery, or expense claimed under section 179 of the Internal Revenue Code, allowed or allowable on the Oregon return and that allowed or allowable on the federal return for that asset;
(b) The difference in basis which results when a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of the basis of an asset, and the federal credit is not allowable for Oregon tax purposes;
(c) The difference in basis as a result of any deferral of gain which has been granted under federal tax law but not under Oregon tax law or granted under Oregon law but not granted under federal law;
(d) The difference in basis under federal and Oregon tax law at the time the asset was acquired; or
(e) Any other differences in the basis of the asset which are due to differences between federal and Oregon tax law.
(2) There shall be added to or subtracted from federal taxable income any amount necessary to carry out the purposes of subsection (1) of this section.
(3) If a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of a corresponding deduction, and the federal credit is not allowable for Oregon purposes, the taxpayer shall be allowed the deduction for Oregon tax purposes. [1983 c.162 § 69; 1985 c.802 § 14]
[1989 c.625 § 6; repealed by 1991 c.457 § 24]
[1953 c.304 § 91; repealed by 1957 c.632 § 1 (314.815 enacted in lieu of 316.720 and 317.505)]
[1957 c.586 § 12; repealed by 1969 c.493 § 99]
[1983 c.162 § 70; 1985 c.802 § 15; 1987 c.293 § 26; 1991 c.457 § 7e; repealed by 1995 c.556 § 43]
[1953 c.304 § 92; repealed by 1957 c.632 § 1 (314.820 enacted in lieu of 316.725 and 317.520)]
[1983 c.162 § 73; 1995 c.556 § 10; repealed by 2003 c.46 § 43 and 2003 c.77 § 26]
[1953 c.304 § 93; repealed by 1957 c.632 § 1 (314.825 enacted in lieu of 316.730 and 317.525)]
[1957 c.586 § 13; repealed by 1969 c.493 § 99]
[1953 c.304 § 94; repealed by 1957 c.632 § 1 (314.830 enacted in lieu of 316.735 and 317.530)]