Chapter 55 Oregon Laws 2005
AN ACT
HB 2454
Relating to tax allocation rules applicable to owners of pass-through entities; creating new provisions; amending ORS 316.119; and prescribing an effective date.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. ORS 316.119 is amended to read:
316.119. (1) Except as provided in subsection (2) of this section, for purposes of ORS 316.117, the adjusted gross income of a part-year resident from Oregon sources is the sum of the following:
[(1)] (a) For the portion of the year in which the taxpayer was a resident of Oregon, the taxpayer’s entire adjusted gross income.
[(2)] (b) For the portion of the year in which the taxpayer was a nonresident, the taxpayer’s adjusted gross income derived from sources within this state, as determined under ORS 316.127.
(2)
For purposes of ORS 316.117, the adjusted gross income of a part-year resident
with federal adjusted gross income that includes an item of income, gain, loss,
deduction or credit from a pass-through entity shall include the sum of the
following:
(a)
The total amount of the item that is taken into account in federal adjusted
gross income, multiplied by the ratio of the number of days the taxpayer was a
resident of Oregon during the tax year of the entity over the total number of
days in the tax year of the entity; and
(b)
The total amount of the item that is taken into account in federal adjusted
gross income and that is derived from or connected with sources within this
state, as determined under ORS 316.127, multiplied by the ratio of the number
of days the taxpayer was a nonresident of Oregon during the tax year of the
entity over the total number of days in the tax year of the entity.
(3)
As used in subsection (2) of this section:
(a)
“Pass-through entity” means any entity that is recognized as a separate entity
for federal income tax purposes, for which the owners are required to report
income, gains, losses, deductions or credits from the entity for federal income
tax purposes.
(b) “Tax year of the entity” means the tax year of the pass-through entity that ends within the tax year of the taxpayer.
SECTION
2. The amendments to ORS 316.119
by section 1 of this 2005 Act apply to:
(1)
Tax years beginning on or after January 1, 2002; and
(2) Any tax year for which a return is subject to audit or adjustment by the Department of Revenue on or after the effective date of this 2005 Act, any tax year for which a return is the subject of an appeal on or after the effective date of this 2005 Act and any tax year for which a claim for refund may be made on or after the effective date of this 2005 Act.
SECTION 3. This 2005 Act takes effect on the 91st day after the date on which the regular session of the Seventy-third Legislative Assembly adjourns sine die.
Approved by the Governor May 13, 2005
Filed in the office of Secretary of State May 13, 2005
Effective date November 4, 2005
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