74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3449
 
                         House Bill 3506
 
Sponsored by Representative WITT; Representative BUTLER
 
 
                             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 five tiers of corporate minimum tax on corporations
that are not S corporations, based on level of Oregon sales.
  Applies minimum tax to tax years beginning on or after January
1, 2008.
  Prohibits Department of Revenue from disclosing information
that is attributable to single corporation or group of fewer than
10 corporations.
  Applies to tax years beginning on or after January 1, 2008.
 
                        A BILL FOR AN ACT
Relating to corporate taxes; creating new provisions; amending
  ORS 317.090; and providing for revenue raising that requires
  approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 317.090 is amended to read:
  317.090.  { + (1) + } Each taxpayer named in ORS 317.056 or
317.070 shall pay annually to the state, for the privilege of
carrying on or doing business by it within this state, a minimum
tax   { - of $10. - }  { + as follows:
  (a) If the corporation is an S corporation as defined in ORS
314.730, $10 in lieu of any amount that would otherwise be due
under paragraphs (b) to (f) of this subsection.
  (b) If the corporation has Oregon sales for the tax year of
less than $100,000, $100.
  (c) If the corporation has Oregon sales for the tax year of
$100,000 or more, but less than $500,000, $500.
  (d) If the corporation has Oregon sales for the tax year of
$500,000 or more, but less than $3,000,000, $1,000.
  (e) If the corporation has Oregon sales for the tax year of
$3,000,000 or more, but less than $10,000,000, $3,000.
  (f) If the corporation has Oregon sales for the tax year of
$10,000,000 or more, $7,500.
  (2) As used in this section, 'Oregon sales' means:
  (a) If the corporation apportions business income under ORS
314.650 to 314.665 for Oregon tax purposes, the total sales of
the taxpayer in this state during the tax year, as determined for
purposes of ORS 314.665;
  (b) If the corporation does not apportion business income for
Oregon tax purposes, the total sales in this state that the
taxpayer would have had, as determined for purposes of ORS
 
314.665, if the taxpayer were required to apportion business
income for Oregon tax purposes; or
  (c) If the corporation apportions business income using a
method different from the method prescribed by ORS 314.650 to
314.665, Oregon sales as defined by the Department of Revenue by
rule.
  (3) + } The minimum tax   { - shall not be - }  { +  is not + }
apportionable (except in the case of a change of accounting
periods)  { - , but shall be - }  { +  and is + } payable in full
for any part of the year during which a corporation is subject to
tax.
  SECTION 2.  { + The amendments to ORS 317.090 by section 1 of
this 2007 Act apply to tax years beginning on or after January 1,
2008. + }
  SECTION 3.  { + Section 4 of this 2007 Act is added to and made
a part of ORS chapter 314. + }
  SECTION 4.  { + In addition to any other limitation on the
disclosure of taxpayer information, the Department of Revenue may
not disclose any corporate tax information that a person would be
able to attribute to a corporation or a group of corporations
that includes fewer than 10 corporations. + }
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