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 1489
House Bill 2990
Sponsored by Representative MARCH; Representative GARRARD (at the
request of Chris Chapman)
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.
Establishes personal income tax credit for earned income that
is forgone in order to donate or receive kidney or partial liver
transplant. Limits credit to ___ percent of forgone earned
income.
Applies to transplant operations occurring in tax years
beginning on or after January 1, 2004.
A BILL FOR AN ACT
Relating to taxation.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 315. + }
SECTION 2. { + (1) As used in this section:
(a) 'Earned income' has the meaning given that term in section
32 of the Internal Revenue Code.
(b) 'Recovery period' means the period of time beginning on the
day on which an individual undergoes a kidney or partial liver
transplant operation and ending on the 90th day after the day of
the operation.
(2) A resident individual taxpayer shall be allowed a credit
against the taxes otherwise due under ORS chapter 316, if the tax
year of the taxpayer includes any portion of the recovery period
following the taxpayer's donation or receipt of a kidney or
partial liver in a transplant operation.
(3)(a) The amount of the credit shall equal ___ percent of the
taxpayer's forgone earned income during that portion of the
recovery period that falls within the tax year of the taxpayer.
(b) For purposes of this section, the forgone earned income of
the taxpayer may be established:
(A) By computing the salary or wages the taxpayer would have
earned during that portion of the recovery period that falls
within the tax year, if the taxpayer had remained working in the
position of employment the taxpayer had immediately before the
transplant operation, reduced by the salary or wages actually
earned by the taxpayer during this period;
(B) By using an amount equal to the amount of earned income the
taxpayer earned for the same dates and duration in the
immediately preceding tax year as that portion of the recovery
period that is within the current tax year, reduced by the earned
income actually earned by the taxpayer during that portion of the
recovery period that is within the current tax year; or
(C) Under rules adopted by the Department of Revenue that
prescribe how forgone earned income is established for purposes
of this section.
(4) The credit allowed in a tax year may not exceed the tax
liability of the taxpayer and may not be carried over to another
tax year.
(5) In the case of a credit allowed under this section:
(a) A nonresident shall be allowed the credit in the same
manner and subject to the same limitations as the credit allowed
to a resident of this state. However, the credit shall be
prorated using the proportion provided in ORS 316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by this section shall be prorated or computed in a
manner consistent with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117. + }
SECTION 3. { + Section 2 of this 2003 Act applies to kidney or
partial liver transplant operations occurring in tax years
beginning on or after January 1, 2004. + }
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