76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3064
 
                         House Bill 3586
 
Sponsored by Representative HICKS
 
 
                             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, 2012.
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
Relating to tax credit for home school education; and prescribing
  an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 315. + }
  SECTION 2. { +  (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 legal 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, during the tax year for which the credit is claimed,
attends a home school for days equaling at least 50 percent of
the school days in which public schools are in session in the
district in which the child resides.
  (3)(a) The credit allowed under this section may not exceed the
lesser of:
  (A) $500; or
  (B) The actual costs incurred by the qualified taxpayer for
books, supplies and curricula used to provide home school
instruction for the eligible child.
  (b) Moneys paid to a private teacher who provides home school
instruction 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 3.  { + Section 2 of this 2011 Act applies to
qualifying expenses for home schooling incurred on or after
January 1, 2012, and for which a credit is claimed for tax years
beginning on or after January 1, 2012. + }
  SECTION 4.  { + This 2011 Act takes effect on the 91st day
after the date on which the 2011 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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