City of Portland Business License Tax Multnomah County Business Income Tax Form SC-2023 Business Tax Return for S Corporations Instructions • Federal Form 8825 and statements (if filed) General Information • Federal Form 4797 and statements (if filed) • Any K-1s issued to shareholders Important Reminders • Oregon Form OR-20S if any Oregon modifications are claimed Note: C corporations should file C-2023. • HVT Schedule, if required (Portland form) File and Pay Online and Manage your Business Tax • Schedule R, if required (Portland form) Accounts at Pro.Portland.gov. The Revenue Division’s taxpayer portal can be used to manage your business tax What’s New? accounts. Portland Revenue Online (PRO) allows you to: Market Based Sourcing. For tax years beginning on or • Register your business after January 1, 2023, the City of Portland and Multnomah • Update your business account information County have adopted the Market Based Sourcing (MBS) • File a Business Tax Return and single sales factor apportionment methodology to • Make payments conform with the State of Oregon’s apportionment • Upload supporting tax pages and documents methodology. This change includes adoption of the state’s • View correspondence mailed to you nexus standards and the interstate application of federal • Provide Third-Party Access to your preparer Public Law 86-272. For more information and to create your account, please Downtown Business Incentive Credit. If your business visit Pro.Portland.gov. entered into a new lease, extended a current lease, or owned and occupied their own business space in Lower Filing Deadline. The filing deadline for this return is April 15, 2024. Since the SC-2023 relies on information reported Albina, Lloyd District, Old Town/Chinatown, or Downtown on the federal and/or Oregon tax return, the due date for the Portland, your business may be eligible for the Downtown SC-2023 will be changed when there is a change to the Business Incentive Credit. Visit our webpage at federal or State of Oregon due dates. portland.gov/revenue/dbi for more information about the credit and how to determine if your business is eligible to Extensions. The Revenue Division does not generally apply for the credit. allow an extension of time to pay the tax, even if the IRS allows an extension. The tax balance is due on the original ‘Actual’ Previously Taxed Income Modification. If the S return due date. The submission of an extension payment corporation elects to use the ‘actual’ method for allocating by the original return due date provides an automatic six- its Multnomah County income subject to tax to month filing extension. If there is not a tax balance due but shareholders, there is a box to indicate this election. you would like to file an extension, your federal or State of Increase to Owner’s Compensation Deduction. For tax Oregon extension will serve as your Business Tax years beginning on or after January 1, 2023, the maximum extension and a separate extension will not need to be owner’s compensation deduction has increased to submitted. When filing your return on the extended due date, check the “Extension Filed” box on the return. If no $152,500, per owner, for the City of Portland Business extension payment was made, please attach a copy of your License Tax. federal or State of Oregon extension with your return. For tax years beginning on or after January 1, 2023, the Federal and State Tax Pages. Be sure to include the maximum owner’s compensation deduction has been following federal tax pages (and statements), Oregon tax increased to $150,000, per owner, for the Multnomah pages (and statements), and Portland schedules with your County Business Income Tax. SC-2023 Business Tax Return, even if claiming an Increase to Residential Rental Registration Fee. For tax exemption from the business taxes: years beginning on or after January 1, 2023, the Residential • Federal Form 1120-S (pages 1 through 4) and Rental Registration fee has increased to $70 per unit. statements • Federal Form 1125-E and statements (if filed) Page 1 of 7, SC-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. • Form 1120-S. Add the sum of the positive numbers On the prepayments line of your amended Business Tax reported on lines 1c, 4, and 5 from page 1 of Form Return, enter the net tax for each jurisdiction as reflected on 1120-S. Add the sum of the positive numbers the original return or as previously adjusted. Do not include reported on lines 3c through 10 of the Schedule K. any penalty or interest portions of payments already made. • Form 8825. Add the positive numbers reported on line 18a. If the S corporation owns any residential Apportionment rental properties in the City of Portland, make sure to complete and submit a Schedule R (with In adopting Oregon’s apportionment law, both jurisdictions payment) with your exemption request. use Oregon’s single sales factor to apportion business income to or away from the jurisdictions. Sales are all gross If your total gross receipts from all business activity are receipts not allocated under ORS 314.615 to 314.645 that $50,000 or more, you do not qualify for the gross receipts are received from transactions and activity in the regular exemption for the City of Portland Business License Tax. course of business except as excluded by ORS 314.610(7), If your total gross receipts from all business activity are the related statutes, and related rules. Refer to Oregon’s $100,000 or more, you do not qualify for the gross receipts statutes and rules for guidance. Substitute city/Portland or exemption for the Multnomah County Business Income Tax. county/Multnomah County for state/Oregon as needed. With a few exceptions, income earned in Portland is also Other Exemptions earned in Multnomah County. Income may be apportioned If you are claiming an exemption other than the gross only if there is regular business activity both inside and receipts exemption, you must attach a statement that outside these jurisdictions that allow another city and/or explains which exemption you are claiming and provide county to impose a similar tax. support for that exemption (See Exemption Codes in the Appendix). Page 2 of 7, SC-2023 Instructions (Rev. 01/29/2024) |
Penalty Calculation Late Payment Penalty You may be subject to penalties for underpaying your Your 2023 business tax must be paid by April 15, 2024, estimated tax, filing a late Business Tax Return, and/or even if you requested an extension to file your Business Tax paying your business tax liability after the original due date Return. If you do not pay your tax by the original due date, of the return. the following late payment penalties will apply: Although the Revenue Division assesses a late penalty for • 5% of the amount of the tax that was not paid by the both failing to file a Business Tax Return by the due date original due date. and failing to pay the tax by the original due date of the • An additional penalty of 20% of the unpaid tax must return, only one of these late penalties will be applied, even be added if the failure to pay is for a period of four if there is a failure of both requirements. In these cases, only months or more. the late filing penalty is applied. • An additional penalty of 100% of the unpaid tax liability of all tax years if the failure to pay is for three or more consecutive years. Underpayment Penalty You may be subject to a penalty for underpaying your tax Interest Calculation liability if, by the original due date of the return, timely payments are not made which are either: Late Payment Interest • At least 90% of the total tax due on line 21 Interest is calculated at 10% per annum (.00833 multiplied (Multnomah County) and line 31 (City of Portland), or by the number of months). Calculate your interest from the original due date to the 15 thday of the month following the • 100% of the prior year’s tax for each jurisdiction. date of the payment. If you did not satisfy either requirement, you will be charged a 5% underpayment penalty on the unpaid amount, but not less than $5 per jurisdiction. Quarterly Underpayment Interest Quarterly underpayment interest will be due if estimated Late Filing Penalty payments were required and were underpaid. Calculate your quarterly underpayment interest at a rate of 10% per If you do not file your Business Tax Return by the original annum from the due date of each quarterly estimated due date, file an extension with the Revenue Division by the payment to the original due date of the tax return to which original due date, or include a copy of your federal or state the estimated payments apply. extension with your Business Tax Return when you file by the extended due date, the following late filing penalties will The amount of underpayment is determined by comparing apply: the 90% of the current total tax liability amount to quarterly estimated payments made prior to the original due date of • 5% of the amount of the total tax liability if the failure the tax return. to file is for a period less than four months. • An additional penalty of 20% of the total tax liability There is no interest on underpayment of quarterly estimated must be added if the Business Tax Return is four payments if: months or more past due. • The total tax liability of the prior tax year was less • An additional penalty of 100% of the total tax liability than $1,000 for the jurisdiction; of all tax years for any Business Tax Return which • An amount equal to at least 90% of the total tax is delinquent for three or more consecutive years. liability for the current tax year was paid in No late filing penalty is due if a timely extension is filed with accordance with PCC 7.02.530 and/or MCC the Revenue Division and a Business Tax Return is filed by 12.530; or the extended due date, or a copy of the federal or state • An amount equal to at least 100% of the prior year’s extension is included with the Business Tax Return and the total tax liability was paid in accordance with PCC ‘Extension Filed’ box is checked. 7.02.530 and/or MCC 12.530. Page 3 of 7, SC-2023 Instructions (Rev. 01/29/2024) |
Extension Filed Box. Check this box if you filed an S Corporation Business Tax Return extension to file your federal or state income taxes. Attach Filing Instructions a copy of your federal or State of Oregon extension to your Rounding. Round cents to whole dollars on your return and Business Tax Return. schedules. To round, drop amounts under 50 cents and Part I – Gross Income increase amounts from 50 to 99 cents to the next dollar. For example, $1.39 becomes $1 and $2.50 becomes $3. If two Line 1. Multnomah County gross income. Multnomah or more amounts must be added to figure the amount to County gross income means “sales” as defined in Oregon enter on a line, include cents when adding the amounts and statute and administrative rules, and includes income from round off only the total. all business activity within Multnomah County (see Apportionment instructions above). General Return Information Line 2. Total gross income from all sources in all locations. Total gross income means “sales” as defined in Tax Year. Enter the beginning and ending dates for your tax Oregon statute and administrative rules, and includes year. For calendar year filers, this would be 01/01/2023 to income from all business activity everywhere, as reported 12/31/2023. on your federal Form 1120-S. Account #. Enter your BZT account number (ten digits). Line 3. Multnomah County apportionment percentage. This information can be found on letters the Revenue Line 1 divided by line 2. Round to 6 decimal places. This Division has mailed to you related to your business tax line cannot be more than 1.0. account. If you cannot find your account number, call the Line 4. City of Portland gross income. Portland gross Revenue Division at (503) 823-5157. income means “sales” as defined in Oregon statute and FEIN. Enter the Federal Employer Identification Number administrative rules, and includes income from all business (FEIN) of the S corporation. activity within the City of Portland (see Apportionment NAICS. Enter the NAICS (North American Industry instructions above). Classification System) code for your business. Line 5. Total gross income from all sources in all locations. Total gross income means “sales” as defined in Name. Enter the legal name of the S corporation. Oregon statute and administrative rules, and includes NAICS. Enter the NAICS (North American Industry income from all business activity everywhere, as reported Classification System) code for your business. on your federal Form 1120-S. Generally, this should be the If you are a residential lessor limited to Federal Schedules same as the gross income reported on line 2, but there are rare situations where this amount may be different. E and D, enter a business code of 531110. Commercial lessors should enter a business code of 531120. Line 6. City of Portland apportionment percentage. Line 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 changed from last year, check the box indicating the Exempt – Multnomah County. Check this box if you are change. claiming an exemption from the Multnomah County 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 final return. If you have sold your business, indicate the reason for being exempt is other than for gross receipts, name and address of the entity you sold your business to. attach a statement explaining which exemption you are Amended Return Box. Check this box if you are amending claiming and provide support for that exemption (See your 2023 tax return. See the Amended Returns instructions Exemption Codes in the Appendix). above for more information about amending your Business Tax Return. Page 4 of 7, SC-2023 Instructions (Rev. 01/29/2024) |
NOTE: If you have claimed an exemption from the Line 10. Schedule K (lines 2– 12) and Oregon Multnomah County and the City of Portland business taxes, Modifications on Form 20-S. Enter the total of the you generally don’t need to fill out the following parts of the amounts from Schedule K lines 2 through 12. Add or return: subtract any Oregon modifications related to business income. Subtract any other pass-through income (or add • Part II – Net Income any loss) from entities already taxed by the City of Portland • Part III – Multnomah County Business Income Tax and/or Multnomah County. Attach a schedule for these (if claiming an exemption from Multnomah County modifications. Business Income Tax) • Part IV – City of Portland Business License Tax (If No deduction is allowed for owner health insurance claiming an exemption from the City of Portland premiums. Business License Tax) Line 11. Adjusted net income. Sum of lines 7 through 10. However, even if you are exempt from the City of Portland Part III – Multnomah County Business Business License Tax, you are still liable for any Heavy Income Tax Vehicle Use Tax or Residential Rental Registration fees that may be due. If you are subject to either tax/fee, please Actual PTI modification election. If the S corporation is complete line 33 (Heavy Vehicle Use Tax) and/or line 34 electing the ‘actual’ method for allocating the previously (Residential Rental Registration Fee) and attach the taxed income modification to their shareholders, check this required schedule(s) with your Business Tax Return. Be box. sure to include any payment due for these taxes/fees, or Line 12. Multnomah County modifications. Enter any you will be subject to late payment penalties and interest on modifications to Multnomah County’s adjusted net income the unpaid balance. here. This would generally apply only in rare circumstances. Subtract out any non-business income included in adjusted If you have made estimated prepayments and would like net income (line 11). them refunded to you or credited to the next tax year, fill out the prepayment section(s) of the return to tell us how you Line 13. Multnomah County net business income. Sum of line 11 and line 12. would like your overpayment applied in Part V – Tax Due / Refund. Line 14. Owner’s compensation deduction. A deduction from net business income (line 13) is limited to the lesser of: Part II – Net Income • The compensation reported on line 9 per owner, Line 7. Ordinary Net Income or (Loss). Ordinary net • 75% of the amount on line 13, or income or loss the ordinary business income (loss) • The number of controlling shareholders multiplied by $150,000 for the County. reported on form 1120-S. Enter the amount from federal Form 1120-S, line 22. No deduction is allowed if line 13 is a loss. Line 8. Taxes based on or measured by net income add- Line 15. Multnomah County subject net income. Sum of back. Add back any taxes based on or measured by net line 13 and line 14. income, including the City of Portland Business License Line 16. Multnomah County apportioned net income. Tax, Multnomah County Business Income Tax, and Metro Line 15 multiplied by line 3. Business Income Tax, that have been deducted to arrive at the net income reported on line 7. Line 17. Add-back of non-business income allocated to Multnomah County. Return any non-business income or Line 9. Owner’s compensation add-back. Enter the loss removed above on line 12 that should be allocated to number of controlling shareholders. Enter any Multnomah County. compensation paid to controlling shareholders (individuals or families who together hold more than 5% of the stock). Line 18. Total business income taxable to Multnomah This includes wages, commissions, and salaries (current County. Sum of line 16 and line 17. and deferred). Line 19. Net operating loss deduction. Enter your net operating loss (NOL) from previous years as a negative See Business Tax Administrative Rule (BTAR) 600-93.9A number here. NOLs are allowed only if reported on prior Definition of Controlling Shareholders and Calculation of Business Tax Returns. This deduction cannot be greater Number of Controlling Shareholders for additional guidance. Page 5 of 7, SC-2023 Instructions (Rev. 01/29/2024) |
than 75% of line 18. Any unused NOL may only be carried Do not claim any credit if you did not apply and receive an forward for five years. approval letter from the Revenue Division. Line 20. Income subject to tax. Sum of line 18 and line 19. Line 33. Heavy Vehicle Use Tax (HVT). If you are subject to Portland’s Heavy Vehicle Use Tax, enter the amount from Line 21. Multnomah County Business Income Tax. Line line 4 of the HVT Schedule here. 20 multiplied by the tax rate of 2%. The minimum amount of tax owed is $100. Line 34. Residential Rental Registration Fee. If you are subject to Portland’s Residential Registration Fee, enter the Part IV – City of Portland Business License amount due from the Schedule R here. Tax Line 35. Total of City of Portland taxes and fees. Sum of Line 22. City of Portland modifications. Enter any lines 31 through 34. modifications to City of Portland’s adjusted net income here. This would generally apply only in rare circumstances. Part V – Tax Due / Refund Subtract out any non-business income included in adjusted Line 36. Total business taxes and fees. Sum of line 21 net income (line 11). and line 35. Line 23. City of Portland net business income. Sum of Line 37. Late payment or late filing penalty. Enter the line 11 and line 22. amount of any late payment of taxes or late filing penalty Line 24. Owner’s compensation deduction. A deduction owed. from net business income (line 23) is limited to the lesser of: Line 38. Underpayment penalty. Enter the amount of any • The compensation reported on line 9 per owner, underpayment penalty owed. • 75% of the amount on line 23, or Line 39. Interest. Enter any quarterly underpayment • The number of controlling shareholders multiplied interest and/or interest due on taxes not paid by their due by $152,500 for the City. dates. No deduction is allowed if line 23 is a loss. Line 40. Quarterly estimated payments and other prepayments. Enter the total amount of prepayments as a Line 25. City of Portland subject net income. Sum of line negative number here. This includes all quarterly estimated 23 and line 24. payments, extension payments, and any credits carried Line 26. City of Portland apportioned net income. Line forward from prior years. 25 multiplied by line 6. Line 41. Business Retention Credit. Enter the total Line 27. Add-back of non-business income allocated to amount of Business Retention Credit being claimed on the City of Portland. Return any non-business income or loss tax return as a negative number here. Please attach Form removed above on line 22 that should be allocated to the BRC showing your calculations. City of Portland. Line 42. Overpayment. If the sum of lines 36 through 41 is Line 28. Total business income taxable to City of negative, this is the amount you have overpaid. If you have Portland. Sum of line 26 and line 27. an overpayment, you may make an irrevocable choice to have the balance: Line 29. Net operating loss deduction. Enter your NOL from previous years as a negative number here. NOLs are • Refunded to you, or allowed only if reported on prior Business Tax Returns. This • Applied as an estimated tax payment to the next deduction cannot be greater than 75% of line 28. Any open tax year. unused NOL may only be carried forward for five tax years. If no election is made, any overpayment will be refunded to Line 30. Income subject to tax. Sum of line 28 and line 29. you. Line 31. City of Portland Business License Tax. Line 30 Line 43a. Refund. Enter the amount of the overpayment multiplied by the tax rate of 2.6%. The minimum amount of you would like refunded to you on this line. If you would like tax owed is $100. direct deposit of your refund, please file your Business Tax Line 32. Downtown Business Incentive Credit. Claim Return online at Pro.Portland.gov. If your return is filed on 25% of your total calculated Downtown Business Incentive paper, you will receive your refund in the mail by check. This Credit on this return. The amount of claimed credit cannot election is irrevocable. exceed the amount of City of Portland Business License Tax on line 31. Page 6 of 7, SC-2023 Instructions (Rev. 01/29/2024) |
Line 43b. Apply as an estimated tax payment. Enter the Appendix amount of the overpayment you would like to apply as an estimated payment to the next open tax year on this line. Exemption Codes This election is irrevocable. If you are claiming an exemption from the City of Portland Line 44. Combined amount due with report. If the sum of Business License Tax and/or Multnomah County Business lines 36 through 41 is positive, you have a balance due. Income Tax, please use one of the following Exemption Make your check payable to ‘City of Portland’ and submit Codes listed below: with your Business Tax Return. For fastest payment processing, pay online by logging into your PRO account at Code Explanation Pro.Portland.gov. 1 No business activity in jurisdiction Gross business income from all sources less Part VI – Signature 2 than $100,000 (Multnomah County Only) Gross business income from all sources less Signature. An authorized representative of the business 3 than $50,000 (City of Portland Only) must sign and date the return and provide a contact email Only business is the operation of less than 10 address and phone number. By signing the return, you 4 residential rentals (Multnomah County Only) acknowledge, under penalty of false swearing, that the 5 Real estate brokers (City of Portland Only) information on the return is true, correct, and complete. By 6 Insurance agent claiming the Downtown Business Incentive (DBI) Credit, 7 PL 86-272 you agree to a waiver of the statute of limitations for any 8 Non-profit under ORS 317.080 year where the credit is claimed, per administrative rule. Trusts exempt from federal income tax under 9 IRC § 501 This waiver will only apply to the DBI Credit and will not 10 Farm/Ag only (HVT still possible) apply to other tax assessments or refunds. 99 Other (explanation required, please attach) Preparer Signature. Anyone who prepares, advises, or assists in preparing business income tax returns in exchange for compensation of any kind must be licensed to prepare Oregon returns and must sign the return. Mailing Instructions Mail your completed return and all required supporting tax pages in the same envelope to: Revenue Division 111 SW Columbia St. Suite 600 Portland, OR 97201-5840 Page 7 of 7, SC-2023 Instructions (Rev. 01/29/2024) |