72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1361
 
                         House Bill 2502
 
Sponsored by Representative MILLER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows tax credit for contributions that qualify as charitable
contributions under federal law.
  Eliminates tax credit for contributions to political party or
candidate for office.
  Applies to contributions made in tax years beginning on or
after January 1, 2004.
 
                        A BILL FOR AN ACT
Relating to taxation; creating new provisions; and amending ORS
  316.102.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 316.102 is amended to read:
  316.102. (1) A credit against taxes  { + otherwise due under
this chapter + } shall be allowed for voluntary contributions in
money made in the  { + tax year to a recipient and for a purpose
that qualify a taxpayer for a charitable contribution deduction
under section 170 of the Internal Revenue Code.  + }  { - taxable
year: - }
    { - (a) To a major political party qualified under ORS
248.006 or to a committee thereof or to a minor political party
qualified under ORS 248.008 or to a committee thereof. - }
    { - (b) To or for the use of a person who must be a candidate
for nomination or election to a federal, state or local elective
office in any primary election, general election or special
election in this state. The person must, in the calendar year in
which the contribution is made, either be listed on a primary
election, general election or special election ballot in this
state or have filed in this state one of the following: - }
    { - (A) A prospective petition; - }
    { - (B) A declaration of candidacy; - }
    { - (C) A certificate of nomination; or - }
    { - (D) A designation of a principal campaign committee. - }
    { - (c) To a political committee, as defined in ORS 260.005,
if the political committee has certified the name of its
treasurer to the filing officer, as defined in ORS 260.005, in
the manner provided in ORS chapter 260. - }
  (2) The credit allowed by subsection (1) of this section shall
be the lesser of:
  (a) The total   { - contribution - }  { +  contributions + },
not to exceed $50 on a separate return  { - ; the total
 
contribution, not to exceed - }  { +  or + } $100 on a joint
return; or
  (b) The tax liability of the taxpayer.
    { - (3) The claim for tax credit shall be substantiated by
submission, with the tax return, of official receipts of the
candidate, agent, political party or committee thereof or
political committee to whom contribution was made. - }
   { +  (3) A credit claimed by a taxpayer under subsection (1)
of this section may not be carried forward to a succeeding tax
year.
  (4) A credit is not allowed under this section if a taxpayer
claims for the tax year a deduction under this chapter for the
same contributions that are used to determine, under subsection
(2) of this section, the amount of the credit allowed under
subsection (1) of this section.
  (5) A resident or nonresident taxpayer may claim the credit
under subsection (1) of this section without proration.
  (6) The taxpayer shall substantiate the claim for tax credit by
submitting, with the tax return, official receipts from the
recipients of the contributions. + }
  SECTION 2.  { + The amendments to ORS 316.102 by section 1 of
this 2003 Act apply to contributions made in tax years beginning
on or after January 1, 2004. + }
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