City of Portland Business License Tax Multnomah County Business Income Tax Form E-2023 Business Tax Return for Trusts & Estates Instructions • Schedule E and statements (if filed) General Information If more than one Schedule E, include all of them • Schedule F and statements (if filed) Important Reminders If more than one Schedule F, include all of them Note. Please use form SP-2023 for conservatorships, living • Schedule D and statements (if filed, including Form trusts, and other revocable trusts that report income and 4797, Form 6252, Form 8824, and Form 8949) If more than one Schedule D, include all of them expenses on an individual Form 1040. • Schedule B and statements (if filed, and related to File and Pay Online and Manage your Business Tax your business) Accounts at Pro.Portland.gov. The Revenue Division’s If more than one Schedule B, include all of them taxpayer portal can be used to manage your business tax • Schedule OR-ASC or OR-ASC-NP (if claiming accounts. Portland Revenue Online (PRO) allows you to: Oregon modifications) • • Register your business HVT Schedule, if required (Portland form) • • Update your business account information Schedule R, if required (Portland form) • File a Business Tax Return The Revenue Division has the authority to request • Make payments additional tax pages or supporting documentation to verify • Upload supporting tax pages and documents the accuracy of the tax reported on the tax return. • View correspondence mailed to you See Business Tax Administrative Rule (BTAR) 200.23-1 • Provide Third-Party Access to your preparer Doing Business for an Estate – for tax years beginning on For more information and to create your account, please or after 1/1/2023 and BTAR 200.95-2A Doing Business for visit Pro.Portland.gov. a Trust for more information. Filing Deadline. The filing deadline for this return is April What’s New? 15, 2024. Since the E-2023 relies on information reported on the federal and/or Oregon tax return, the due date for the Market Based Sourcing. For tax years beginning on or E-2023 will be changed when there is a change to the after January 1, 2023, the City of Portland and Multnomah federal or State of Oregon due dates. County have adopted the Market Based Sourcing (MBS) Extensions. The Revenue Division does not generally and single sales factor apportionment methodology to allow an extension of time to pay the tax, even if the IRS conform with the State of Oregon’s apportionment allows an extension. The tax balance is due on the original methodology. This change includes adoption of the state’s return due date. The submission of an extension payment nexus standards and the interstate application of federal by the original return due date provides an automatic six- Public Law 86-272. month filing extension. If there is not a tax balance due but Downtown Business Incentive Credit. If your business you would like to file an extension, your federal or State of entered into a new lease, extended a current lease, or Oregon extension will serve as your Business Tax extension and a separate extension will not need to be owned and occupied their own business space in Lower submitted. When filing your return on the extended due Albina, Lloyd District, Old Town/Chinatown, or Downtown date, check the “Extension Filed” box on the return. If no Portland, your business may be eligible for the Downtown extension payment was made, please attach a copy of your Business Incentive Credit. Visit our webpage at federal or State of Oregon extension with your return. portland.gov/revenue/dbi for more information about the credit and how to determine if your business is eligible to Federal Tax Pages: Be sure to include the following federal apply for the credit. tax pages (and statements) and Portland schedules with your Form E-2023 Business Tax Return: Increase to Residential Rental Registration Fee. For tax • Federal Form 1041 years beginning on or after January 1, 2023, the Residential • Schedule C and statements (if filed) Rental Registration fee has increased to $70 per unit. If more than one Schedule C, include all of them Page 1 of 7, E-2023 Instructions (Rev. 01/29/2024) |
Amended Returns Exempt Businesses The Revenue Division does not have a separate form for If your business is exempt from the City of Portland amended tax returns. To amend your Business Tax Return, Business License Tax, as allowed under Portland City Code use the form for the tax year being amended and check the (PCC) 7.02.400 or the Multnomah County Business Income “Amended” box. If the address for the year you’re amending Tax, as allowed under Multnomah County Code (MCC) has changed, use your current mailing address and check 12.400, you are still required to file a Business Tax Return the “Mailing Address Change” box. by the due date of your return. Failure to do so may result in a Presumptive Fee bill and your account will remain in Fill in all amounts on your amended return, even if they are non-compliance status until the required documentation is the same as originally filed. If you are amending to make a received. change to additions, subtractions, or credits, include detail of all items and amounts as well as any carryovers. Please This exemption is from the business taxes only. Any other include a statement explaining what changed from the tax, surcharge, or fee may fall under separate exemption original return. criteria, for which your business may still be liable. If you change taxable income by filing an original or Gross Receipts Exemption amended federal or Oregon income tax return, you must file an amended Business Tax Return within 60 days of when Note: The following amounts are taken from the federal the original or amended federal or Oregon income tax return income tax return. is filed. Include a copy of your original or amended federal To claim a gross receipts exemption from the City of or Oregon income tax return with your amended Business Portland Business License Tax and/or the Multnomah Tax Return and explain the adjustments made. County Business Income Tax, the total gross receipts from all business activity must be under: Do not amend your Business Tax Return if you amend the federal return to carry a net operating loss back to prior • $50,000 for the City of Portland Business License years. The Revenue Division only allows tax entities to carry Tax exemption, and net operating losses forward. Additionally, net operating • $100,000 for the Multnomah County Business losses for the City of Portland Business License Tax and/or Income Tax exemption. Multnomah County Business Income Tax are only To calculate the total gross receipts from all business generated from the Business Tax Return, not from your IRS activity, add the following lines together: or Oregon income tax return. • Schedule C. Enter the sum of the positive numbers On the prepayments line of your amended Business Tax reported on lines 3 and 6 of the primary Schedule C. Return, enter the net tax for each jurisdiction as reflected on Include gross receipts from Schedule F if the taxfiler the original return or as previously adjusted. Do not include does not qualify for the farming exemption under any penalty or interest portions of payments already made. Portland City Code 7.02.400 (H). • Additional Schedule C. Enter the sum of the positive Apportionment numbers reported on lines 3 and 6 of all other In adopting Oregon’s apportionment law, both jurisdictions Schedule Cs included on Form 1040. use Oregon’s single sales factor to apportion business • Schedule D. Enter the sum of the positive numbers income to or away from the jurisdictions. Sales are all gross reported on lines 4 and 11 of the Schedule D and any receipts not allocated under ORS 314.615 to 314.645 that other business capital gains. are received from transactions and activity in the regular • Schedule E. Enter the sum of the positive numbers course of business except as excluded by ORS 314.610(7), reported on lines 23a and 23b of the Schedule E. If the related statutes, and related rules. Refer to Oregon’s there are any residential rental properties in the City of statutes and rules for guidance. Substitute city/Portland or Portland, make sure to complete and submit a county/Multnomah County for state/Oregon as needed. Schedule R (with payment) with your exemption With a few exceptions, income earned in Portland is also request. earned in Multnomah County. Income may be apportioned • Form 6252 and Schedule B. Enter the sum of the only if there is regular business activity both inside and number reported on line 26 of Form 6252 and any outside these jurisdictions that allow another city and/or interest from installment sale income from business county to impose a similar tax. property reported on Schedule B. Page 2 of 7, E-2023 Instructions (Rev. 01/29/2024) |
If your total gross receipts from all business activity are • An additional penalty of 20% of the total tax liability $50,000 or more, you do not qualify for the gross receipts must be added if the Business Tax Return is four exemption for the City of Portland Business License Tax. months or more past due. If your total gross receipts from all business activity are • An additional penalty of 100% of the total tax liability $100,000 or more, you do not qualify for the gross receipts of all tax years for any Business Tax Return which exemption for the Multnomah County Business Income Tax. is delinquent for three or more consecutive years. No late filing penalty is due if a timely extension is filed with Other Exemptions the Revenue Division and a Business Tax Return is filed by If you are claiming an exemption other than the gross the extended due date, or a copy of the federal or state receipts exemption, you must attach a statement that extension is included with the Business Tax Return and the explains which exemption you are claiming and provide ‘Extension Filed’ box is checked. support for that exemption (See Exemption Codes in the Appendix). Late Payment Penalty Penalty Calculation Your 2023 business tax must be paid by April 15, 2024, even if you requested an extension to file your Business Tax You may be subject to penalties for underpaying your Return. If you do not pay your tax by the original due date, estimated tax, filing a late Business Tax Return, and/or the following late payment penalties will apply: paying your business tax liability after the original due date of the return. • 5% of the amount of the tax that was not paid by the Although the Revenue Division assesses a late penalty for original due date. • both failing to file a Business Tax Return by the due date An additional penalty of 20% of the unpaid tax must and failing to pay the tax by the original due date of the be added if the failure to pay is for a period of four return, only one of these late penalties will be applied, even months or more. if there is a failure of both requirements. In these cases, only • An additional penalty of 100% of the unpaid tax the late filing penalty is applied. liability of all tax years if the failure to pay is for three or more consecutive years. Underpayment Penalty Interest Calculation You may be subject to a penalty for underpaying your tax liability if, by the original due date of the return, timely Late Payment Interest payments are not made which are either: Interest is calculated at 10% per annum (.00833 multiplied • At least 90% of the total tax due on line 18 by the number of months). Calculate your interest from the (Multnomah County) and line 26 (City of Portland), th original due date to the 15 day of the month following the or date of the payment. • 100% of the prior year’s tax for each jurisdiction. If you did not satisfy either requirement, you will be charged a 5% underpayment penalty on the unpaid amount, but not Quarterly Underpayment Interest less than $5 per jurisdiction. Quarterly underpayment interest will be due if estimated payments were required and were underpaid. Calculate your quarterly underpayment interest at a rate of 10% per Late Filing Penalty annum from the due date of each quarterly estimated If you do not file your Business Tax Return by the original payment to the original due date of the tax return to which due date, file an extension with the Revenue Division by the the estimated payments apply. original due date, or include a copy of your federal or state extension with your Business Tax Return when you file by The amount of underpayment is determined by comparing the extended due date, the following late filing penalties will the 90% of the current total tax liability amount to quarterly apply: estimated payments made prior to the original due date of the tax return. • 5% of the amount of the total tax liability if the failure There is no interest on underpayment of quarterly estimated to file is for a period less than four months. payments if: Page 3 of 7, E-2023 Instructions (Rev. 01/29/2024) |
• The total tax liability of the prior tax year was less final return. If you have sold your business, indicate the than $1,000 for the jurisdiction; name and address of the entity you sold your business to. • An amount equal to at least 90% of the total tax Amended Return Box. Check this box if you are amending liability for the current tax year was paid in your 2023 tax return. See the Amended Return instructions accordance with PCC 7.02.530 and/or MCC above for more information about amending your Business 12.530; or Tax Return. • An amount equal to at least 100% of the prior year’s total tax liability was paid in accordance with PCC Extension Filed Box. Check this box if you filed an extension to file your federal or state income taxes. Attach 7.02.530 and/or MCC 12.530. a copy of your federal or State of Oregon extension to your Trusts & Estates Business Tax Return tax return. Filing Instructions Part I – Gross Income Rounding. Round cents to whole dollars on your return and Line 1. Multnomah County gross income. Multnomah schedules. To round, drop amounts under 50 cents and County gross income means “sales” as defined in Oregon increase amounts from 50 to 99 cents to the next dollar. For statute and administrative rules, and includes income from example, $1.39 becomes $1 and $2.50 becomes $3. If two all business activity within Multnomah County (see or more amounts must be added to figure the amount to Apportionment instructions above). enter on a line, include cents when adding the amounts and Line 2. Total gross income from all Schedules B, C, D, round off only the total. E, and F in all locations. Total gross income means “sales” as defined in Oregon statute and administrative rules, and General Return Information includes income from all business activity everywhere, as reported on your federal Form 1041. Tax Year. Enter the beginning and ending dates for your tax year. For calendar year filers, this would be 01/01/2023 to Line 3. Multnomah County apportionment percentage. 12/31/2023. Line 1 divided by line 2. Round to 6 decimal places. This line cannot be more than 1.0. Account #. Enter your BZT account number (ten digits). This information can be found on letters the Revenue Line 4. City of Portland gross income. Portland gross Division has mailed to you related to your business tax income means “sales” as defined in Oregon statute and account. If you cannot find your account number, call the administrative rules, and includes income from all business Revenue Division at (503) 823-5157. activity within the City of Portland (see Apportionment instructions above). FEIN. Enter the Federal Employer Identification Number (FEIN) of the trust or estate. Line 5. Total gross income from all Schedules B, C, D, E, and F in all locations. Total gross income means “sales” NAICS. Enter the NAICS (North American Industry as defined in Oregon statute and administrative rules, and Classification System) code for your business. includes income from all business activity everywhere, as If you are a residential lessor limited to Federal Schedules reported on your federal Form 1041. Generally, this should be the same amount reported on line 2, but there are certain E and D, enter a business code of 531110. Commercial situations where this amount may be different. lessors should enter a business code of 531120. Line 6. City of Portland apportionment percentage. Line Name. Enter the legal name of the trust or estate. 4 divided by line 5. Round to 6 decimal places. This line Mailing Address. Always enter your current mailing cannot be more than 1.0. address. If the address for the year you are filing has Exempt – Multnomah County. Check this box if you are changed from last year, check the box indicating the claiming an exemption from the Multnomah County change. Business Income Tax and select a reason for the Initial Return Box. Check this box if this is your first return exemption. If your reason for being exempt is other than for you are filing with us. Attach the Business Tax Registration gross receipts, attach a statement explaining which Form, if not mailed to us previously. exemption you are claiming and provide support for that Final Return Box. Check this box if you no longer conduct exemption (See Exemption Codes in the Appendix). business in the City of Portland and/or Multnomah County Exempt – City of Portland. Check this box if you are and this is the final return you are filing with us. Attach an claiming an exemption from the City of Portland Business Out of Business Notification Form or an explanation for your License Tax and select a reason for the exemption. If your Page 4 of 7, E-2023 Instructions (Rev. 01/29/2024) |
reason for being exempt is other than for gross receipts, Part III – Multnomah County Business attach a statement explaining which exemption you are Income Tax claiming and provide support for that exemption (See Exemption Codes in the Appendix). Line 11. Multnomah County modifications. Enter any modifications to Multnomah County’s adjusted net income NOTE: If you have claimed an exemption from the here. This would generally apply only in rare circumstances. Multnomah County and the City of Portland business taxes, Non-business income may be income or a loss. Remove you generally don’t need to fill out the following parts of the any non-business income or loss reported in adjusted net return: income (line 10). Removal of income will be a subtraction while removal of a loss will be an addition. • Part II – Net Income • Part III – Multnomah County Business Income Tax Line 12. Multnomah County subject net income. Sum of (if claiming an exemption from Multnomah County line 10 and line 11. Business Income Tax) Line 13. Multnomah County apportioned net income. • Part IV – City of Portland Business License Tax (If Line 12 multiplied by line 3. claiming an exemption from the City of Portland Business License Tax) Line 14. Add-back of non-business income allocated to Multnomah County. Return any non-business income or However, even if you are exempt from the City of Portland loss removed above on line 11 that should be allocated to Business License Tax, you are still liable for any Heavy Multnomah County. Vehicle Use Tax or Residential Rental Registration fees that Line 15. Total business income taxable to Multnomah may be due. If you are subject to either tax/fee, please County. Sum of line 13 and line 14. complete line 28 (Heavy Vehicle Use Tax) and/or line 29 (Residential Rental Registration Fee) and attach the Line 16. Net operating loss deduction. Enter your net required schedule(s) with your Business Tax Return. Be operating loss (NOL) from previous years as a negative sure to include any payment due for these taxes/fees, or number here. NOLs are allowed only if reported on prior Business Tax Returns. This deduction cannot be greater you will be subject to late payment penalties and interest on than 75% of line 15. Any unused NOL may only be carried the unpaid balance. forward for five tax years. If you have made estimated prepayments and would like Line 17. Income subject to tax. Sum of line 15 and line 16. them refunded to you or credited to the next tax year, fill out Line 18. Multnomah County Business Income Tax. Line the prepayment section(s) of the return to tell us how you 17 multiplied by the tax rate of 2%. The minimum amount of would like your overpayment applied in Part V – Tax Due / tax owed is $100. Refund. Part IV – City of Portland Business License Part II – Net Income Tax Line 7. Net income or (loss) before distribution. Enter Line 19. City of Portland modifications. Enter any the net business income or loss from lines 3, 5 and 6 from modifications to City of Portland’s adjusted net income here. the federal Form 1041. Do not include pass-through This would generally apply only in rare circumstances. Non- income. business income may be income or a loss. Remove any non-business income or loss reported in adjusted net Line 8. Taxes based on or measured by net income add- back. Add back any taxes based on or measured by net income (line 10). Removal of income will be a subtraction income, including the City of Portland Business License while removal of a loss will be an addition. Tax, Multnomah County Business Income Tax, and Metro Line 20. City of Portland subject net income. Sum of line Business Income Tax, that have been deducted to arrive at 10 and line 19. the net income reported on line 7. Line 21. City of Portland apportioned net income. Line Line 9. Other additions and subtractions. Enter any 20 multiplied by line 6. business income or loss from federal Form 1041 lines 1, 2, Line 22. Add-back of non-business income allocated to 4, 7 and 8. Subtract any business expenses directly related City of Portland. Return any non-business income or loss to the business income. Attach a schedule for business removed above on line 19 that should be allocated to the expenses. City of Portland. Line 10. Adjusted net income. Sum of lines 7 through 9. Line 23. Total business income taxable to City of Portland. Sum of line 21 and line 22. Page 5 of 7, E-2023 Instructions (Rev. 01/29/2024) |
Line 24. Net operating loss deduction. Enter your NOL If no election is made, any overpayment will be refunded to from previous years as a negative number here. NOLs are you. allowed only if reported on prior Business Tax Returns. This Line 37a. Refund. Enter the amount of the overpayment deduction cannot be greater than 75% of line 23. Any you would like refunded to you on this line. If you would like unused NOL may only be carried forward for five tax years. direct deposit of your refund, please file your Business Tax Line 25. Income subject to tax. Sum of line 23 and line 24. Return online at Pro.Portland.gov. If your return is filed on Line 26. City of Portland Business License Tax. Line 25 paper, you will receive your refund in the mail by check. This multiplied by the tax rate of 2.6%. The minimum amount of election is irrevocable. tax owed is $100. Enter the Line 37b. Apply as an estimated tax payment. Line 27. Downtown Business Incentive Credit. Claim amount of the overpayment you would like to apply as an 25% of your total calculated Downtown Business Incentive estimated payment to the next open tax year on this line. Credit on this return. The amount of claimed credit cannot This election is irrevocable. exceed the amount of City of Portland Business License Line 38. Combined amount due with report. If the sum of Tax on line 26. lines 31 through 35 is positive, you have a balance due. Do not claim any credit if you did not apply and receive an Make your check payable to ‘City of Portland’ and submit approval letter from the Revenue Division. with your Business Tax Return. For fastest payment Line 28. Heavy Vehicle Use Tax (HVT). If you are subject processing, pay online by logging into your PRO account at to Portland’s Heavy Vehicle Use Tax, enter the amount from Pro.Portland.gov. line 4 of the HVT Schedule here. Part VI – Signature Line 29. Residential Rental Registration Fee. If you are subject to Portland’s Residential Registration Fee, enter the Signature. An authorized representative of the business amount due from the Schedule R here. must sign and date the return and provide a contact email Line 30. Total of City of Portland taxes and fees. Sum of address and phone number. By signing the return, you lines 26 through 29. acknowledge, under penalty of false swearing, that the information on the return is true, correct, and complete. By Part V – Tax Due / Refund claiming the Downtown Business Incentive (DBI) Credit, Line 31. Total business taxes and fees. Sum of line 18 you agree to a waiver of the statute of limitations for any and line 30. year where the credit is claimed, per administrative rule. This waiver will only apply to the DBI Credit and will not Line 32. Late payment or late filing penalty. Enter the apply to other tax assessments or refunds. amount of any late payment of taxes or late filing penalty owed. Preparer Signature. Anyone who prepares, advises, or Line 33. Underpayment penalty. Enter the amount of any assists in preparing business income tax returns in underpayment penalty owed. exchange for compensation of any kind must be licensed to prepare Oregon returns and must sign the return. Line 34. Interest. Enter any quarterly underpayment interest and/or interest due on taxes not paid by their due dates. Mailing Instructions Line 35. Quarterly estimated payments and other Mail your completed return and all required supporting tax prepayments. Enter the total amount of prepayments as a pages in the same envelope to: negative number here. This includes all quarterly estimated Revenue Division payments, extension payments, and any credits carried 111 SW Columbia St. Suite 600 forward from prior years. Portland, OR 97201-5840 Line 36. Overpayment. If the sum of lines 31 through 35 is negative, this is the amount you have overpaid. If you have Appendix an overpayment, you may make an irrevocable choice to have the balance: Exemption Codes • Refunded to you, or If you are claiming an exemption from the City of Portland • Applied as an estimated tax payment to the next Business License Tax and/or Multnomah County Business open tax year. Income Tax, please use one of the following Exemption Codes listed below: Page 6 of 7, E-2023 Instructions (Rev. 01/29/2024) |
Code Explanation 1 No business activity in jurisdiction Gross business income from all sources less 2 than $100,000 (Multnomah County Only) Gross business income from all sources less 3 than $50,000 (City of Portland Only) Only business is the operation of less than 10 4 residential rentals (Multnomah County Only) 5 Real estate brokers (City of Portland Only) 6 Insurance agent 7 PL 86-272 8 Non-profit under ORS 317.080 Trusts exempt from federal income tax under 9 IRC § 501 10 Farm/Ag only (HVT still possible) 99 Other (explanation required, please attach) Page 7 of 7, E-2023 Instructions (Rev. 01/29/2024) |