73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2150
 
                         House Bill 2653
 
Sponsored by Representative LIM
 
 
                             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.
 
  Provides tax credit for certain expenses of home school
education for eligible child.
  Applies to tax years beginning on or after January 1, 2006.
 
                        A BILL FOR AN ACT
Relating to tax credit for home school education.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Eligible child' means a child who is less than 18 years of
age during any part of the tax year for which a credit is claimed
under this section and who attends a home school taught by a
parent, legal guardian or private teacher.
  (b) 'Home school' means a course of education that is provided
in the child's home pursuant to ORS 339.030 and 339.035.
  (c) 'Qualified taxpayer' means a parent or guardian of an
eligible child.
  (2) A credit against the taxes otherwise due under ORS chapter
316 is allowed to a qualified taxpayer for expenses incurred in
providing home school instruction for an eligible child, provided
the child attends a home school for at least three months during
the tax year for which the credit is claimed.
  (3)(a) The credit allowed under this section may not exceed the
lesser of:
  (A) $1,000; or
  (B) The actual costs incurred by the eligible taxpayer for
books, supplies and curricula used to provide home school
instruction for the eligible child.
  (b) Moneys paid to a teacher or instructor who provides home
school education may not be included as costs under this section.
  (4) The credit allowed under this section may not exceed the
tax liability of the taxpayer for the tax year.
  (5)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
  (b) If a change in the taxable year of the 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 the 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 2.  { + Section 1 of this 2005 Act applies to
qualifying expenses for home schooling incurred on or after
January 1, 2006, and for which a credit is claimed for tax years
beginning on or after January 1, 2006. + }
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