2023 Form OR-20-INC Instructions Oregon Corporation Income Tax Contents Purpose of Form OR-20-INC ............................. 2 Filing checklist Important reminders ............................................ 2 Due date of return, Extensions .......................................... 7 Payments ............................................................................... 7 What’s new and Looking ahead ............... 2, 3 Assembling you return .......................................................8 Estimated tax payments ..................................... 3 Mailing addresses ....................................................8 Filing information Who must file with Oregon? Excise or income tax? ....... 4 Form instructions What form do I use? .............................................................5 Heading and checkboxes ....................................................8 Filing requirements: consolidated returns, unitary Questions ...............................................................................9 business, insurance affiliates, separate returns .......... 5 E-file .......................................................................................5 Line instructions Federal audit changes ..........................................................6 Additions ............................................................................. 10 Amended returns ................................................................. 6 Subtractions ........................................................................ 11 Protective claims ..................................................................6 Tax ........................................................................................ 14 Credits .................................................................................. 14 Special filing requirements LIFO benefit recapture ...................................................... 14 Agricultural or horticultural cooperatives .......................6 Net income tax .................................................................... 14 Broadcasters .......................................................................... 6 Payments, penalty, interest, and UND ............................ 14 Exempt organizations ..........................................................6 Schedule ES—Estimated tax payments, other Homeowners associations .................................................. 6 prepayments, and refundable credits......................... 14 Insurers .................................................................................. 6 Total due or refund ............................................................ 16 IC-DISCs ...............................................................................6 Limited liability companies (LLCs) ................................... 6 Do you have questions? .................................... 16 Political organizations ......................................................... 7 Publicly traded partnerships .............................................. 7 Appendices Real Estate Investment Trusts (REITs) and Regulated Appendix A, 2023 Schedule OR-ASC-CORP code list ... 17 Investment Companies (RICs) ....................................... 7 Appendix B, 2023 Tax rates ............................................... 19 Real Estate Mortgage Investment Conduits (REMICs) .... 7 Appendix C, Alternative apportionment ....................... 20 Information contained herein is a guide. For complete details of law, refer to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). Go electronic! Fast • Accurate • Secure File corporation tax returns through the Federal/State Electronic Filing Program. See “E-file.” Visit us online: www.oregon.gov/dor • Registration and account status. • Online payments and communication. • Forms, instructions, and law. • Announcements and FAQ. • Updates to instructions. 150-102-021-1 (Rev. 10-17-23) 1 2023 Form OR-20-INC Instructions |
1, 2023, and before January 1, 2029, and any tax year to Purpose of Form OR-20-INC which the NOL may be carried back. For example, a tax- payer with a loss in tax year 2023 may carry their loss to Use Form OR-20-INC, Oregon Corporation Income tax year 2020. Visit our website at www.oregon.gov/dor Tax Return, to calculate and report the Oregon corpo- for additional information. rate income tax liability of a business entity taxable as a C corporation with Oregon sources of income but not doing business in Oregon. Credits Agricultural Employer Overtime Tax Credit Important reminders HB 4002 (2022) creates a refundable tax credit for over- time paid to agricultural workers. The measure requires If your registered corporation or insurance company agricultural employers to pay certain workers for over- isn’t doing business in Oregon and has no Oregon- time hours worked and creates a refundable personal source income, then you don’t need to file a corporation income or corporate tax credit for employers for a per- tax return. centage of wages paid as overtime pay to agricultural Revenue Online. Revenue Online provides convenient, workers for tax years beginning on or after January 1, secure access to tools for managing your Oregon tax 2023, and before January 1, 2029. Taxpayers must apply account. With Revenue Online, you may: for the tax credit through the department. Note that this credit can offset corporation minimum tax determined • View your tax account. under 317.090. Visit our website at www.oregon.gov/dor • Make payments. for additional information. • View correspondence we sent you. • Check the status of your refund. Forest Conservation Tax Credit (FCTC) For more information and instructions on setting up SB 1502 (2022) creates a non-refundable Forest Conserva- your Revenue Online account, visit www.oregon.gov/ tion Tax Credit (FCTC) for the stumpage value of timber dor. left standing on the land of a small forestland owner. The amount of the tax credit is certified by the Department of Forestry (ODF) and applies to tax years beginning on or What’s new after January 1, 2023. Note: Not all information in this section pertains to all Additionally, HB 2161 (2023) amended the FCTC from taxpayers or form types. If applicable, refer to House Bills SB 1502 (2022) to increase the computation of the credit (HB) or Senate Bills (SB) as shown. under certain conditions. See the House Bill for addi- tional information. Visit www.oregon.gov/dor for possible updates to these instructions. Opportunity Grant Fund (auction) tax credit sunset (ORS 315.643) General The Opportunity Grant Fund (auction) tax credit sunset on January 1, 2023. The tax credit may be claimed in tax Tie to federal tax law years beginning on or after January 1, 2023, if the credit In general, Oregon tax law is based on federal tax law. is purchased at auction on or after January 1, 2023, and Oregon is tied to the federal definition of taxable income before March 1, 2023. as of December 31, 2022; however, Oregon is still discon- nected from: Extended credits • Federal subsidies for prescription drug plans (IRC The following credit is extended to tax years beginning §139A; ORS 317.401). before January 1, 2028: • Deferral of certain deductions for tax years beginning • Cultural Trust contribution (ORS 315.675) ........code 807 on or after January 1, 2009 and before January 1, 2011 may require subsequent Oregon modifications (IRC The following credits are extended to tax years begin- §168(k) and §179; ORS 317.301). ning before January 1, 2030: • Employer scholarship (ORS 315.237) ..................code 847 Net Operating Loss (NOL) carryback • Individual Development Account (IDA) SB 1524 (2022) allows taxpayers who use NAIC codes donation (ORS 315.271) .........................................code 852 111 or 112 (referring to taxpayers engaged in crop • Reservation enterprise zone (ORS 315.506) .......code 810 produc¬tion, animal production or aquaculture) to claim • Short line railroad rehabilitation a three-year NOL carryback. The three-year NOL carry- (ORS 315.593) ........................................................code 872 back applies in tax years beginning on or after January • University venture fund (ORS 315.640) .............code 864 150-102-021-1 (Rev. 10-17-23) 2 2023 Form OR-20-INC Instructions |
The following credits are extended to tax years begin- Sale of publicly supported housing credit ning before January 1, 2032: HB 2071 (2023) creates a tax credit for the sale of publicly • Agricultural workforce housing supported housing. The tax credit equals 2.5 percent (ORS 315.164) ..........................................................code 835 of the lesser of the sales price or appraisal value if the • Oregon affordable housing lender’s credit owner held the publicly supported housing for at least (ORS 317.097) ..........................................................code 854 five years and 5.0 percent of the lesser of the sales price or appraisal if the owner held the publicly supported Sunset credits no longer available, including housing for at least ten years. carryforward The new tax credit applies to tax years beginning on or The following credits are no longer available, including after January 1, 2024, and before January 1, 2030. It will be carryforward, for tax years beginning before January 1, certified by Oregon Housing and Community Services. 2023. Any remaining credit amount not used is lost. Short-line railroad rehabilitation (ORS 315.593) • Alternative qualified research activities (ORS 317.154) ...........................................................code 837 HB 3406 (2023) amended ORS 315.593 to eliminate the • Qualified research activities (ORS 317.152) ......code 858 distinction between Tier 1 and Tier 2 railroads for pur- • Repatriation credit (due to IRC §965) .................code 870 poses of the short-line railroad tax credit. All taxpayers may claim 50 percent of the costs incurred to rehabili- tate the short-line railroad. A credit is not allowed for an Looking ahead amount equal to the greater of costs used to claim the IRC 45G credit or the credit limitation in IRC 45G(b)(1). Credits Rehabilitation costs that are funded by a federal or state grant cannot be used to claim the credit. Oregon Affordable Housing Lender’s Credit (ORS 317.097) The credit is certified by Oregon department of Trans- portation (ODOT). The changes described here apply Two separate bills amended this credit: to tax years beginning on or after January 1, 2024, and • HB 2071 (2023) amended ORS 317.097 to allow finan- before January 1, 2026. ciers of limited equity cooperatives to claim the ORS 317.097 tax credit if the tax credit savings are passed on Estimated tax payments to the tenants of the limited equity cooperative. This change applies to tax years beginning on or after Janu- Requirements ary 1, 2024. • SB 892 (2023) amended ORS 317.097 to apply to proj- Oregon estimated tax payment requirements aren’t the ects involving households earning 80 percent or less of same as federal estimated tax payment requirements. the area median income. Prior to the amendment, ORS You must make estimated tax payments if you expect to 317.097 applies to projects involving households earn- owe tax of $500 or more. See ORS 314.505 to 314.525 and ing less than 80 percent of the area median income. supporting administrative rules. Qualified semiconductor company research credit If you don’t make estimated payments as required, you may be subject to interest on underpayment of estimated HB 2009 (2023) allows a qualified semiconductor com- tax (UND). Refer to Form OR-37 if you have an under- pany to claim a tax credit based on research and payment of estimated tax. development expenses. The qualifying research and development expenses are determined based on IRC 41. Payment due dates Oregon allows a credit equal to 15 percent of the qualify- ing research and development expenses as determined Estimated tax payments are due quarterly, as follows: in IRC 41. The maximum amount of credit varies based • Calendar year filers: April 15, June 15, September 15, on employee numbers. A portion of the tax credit is and December 15. refundable if the taxpayer has fewer than 3,000 employ- • Fiscal year filers: The 15th day of the 4th, 6th, 9th, and ees. The exact refund percentage depends on how many 12th months of your fiscal year. employees the taxpayer has. • If the due date falls on a Saturday, Sunday, or legal The new tax credit applies to tax years beginning on or holiday, use the next regular business day. after January 1, 2024, and before January 1, 2030. The tax credit will be certified by Oregon Business Development Payment options Department (OBDD). Important: For details about making payments with your return, see “Filing checklist” below. 150-102-021-1 (Rev. 10-17-23) 3 2023 Form OR-20-INC Instructions |
Estimated payments may be made by electronic funds Example: During the year, Corporation A’s expected net transfer (EFT), online, or by mail. tax increased from $2,000 to $6,000. Corporation A made timely first and second quarter estimated payments of EFT. You must make your Oregon estimated payments $500 before its expected net tax increased. by EFT if you’re required to make your federal estimated payments by EFT. We may grant a waiver from EFT pay- Corporation A should make four payments of $1,500 each ments if you’d be disadvantaged by the requirement during the year. Because of its increased net tax, Corpo- (ORS 314.518 and supporting administrative rules). ration A will be subject to UND charges for the first and second quarters. To avoid UND charges for the third and If you don’t meet the federal requirements for manda- fourth quarters, Corporation A must make timely pay- tory EFT payments, you may still make voluntary EFT ments of $3,500* for the third quarter and $1,500 for the payments. fourth quarter. You can make EFT payments through Revenue Online or *$1,000 for the first-quarter underpayment, plus $1,000 through your financial institution. To learn more about for the second-quarter underpayment, plus $1,500 for the Revenue Online or to make an EFT payment, visit www. required third-quarter installment equals $3,500. oregon.gov/dor. If you pay by EFT, don’t send Form OR-20-V, Oregon Corporation Tax Payment Voucher. Filing information Mail. If paying by mail, send each payment with a Form Who must file with Oregon? OR-20-V, payment voucher, to: Oregon Department of Revenue, PO Box 14950, Salem OR 97309-0950. Corporations that are doing business in Oregon, or with income from an Oregon source, are required to file an Include on your check: Oregon corporation tax return. If you have tangible • Federal employer identification number (FEIN). or intangible property or other assets in Oregon, any • Tax year beginning and ending dates. income you receive from that property or assets is Ore- • Contact phone. gon-source income. Public Law (Pub.L.) 86-272 provides exceptions to the Oregon filing requirement for certain Estimated tax payments’ worksheet corporations doing business in Oregon. (Keep for your records—don’t file with your payment.) Exemption for emergency service providers. An out- of-state emergency service provider is exempt from tax 1. Oregon net income expected in 1. when operating solely for the purposes of performing upcoming tax year. disaster or emergency-related work on critical infrastruc- 2. Tax on Oregon net income (see 2. ture. Disaster or emergency-related work conducted by Appendix B). an out-of-state business may not be used as the sole basis for determining that a corporation is doing business in 3. Subtract tax credits allowable in 3. Oregon. upcoming tax year. Note: Oregon follows the federal entity classification 4. Net tax (line 2 minus line 3). 4. regulations. If an entity is classified or taxed as a corpo- If the amount on line 4 is less ration for federal income tax purposes, it will be treated than $500, stop. You don’t have as a corporation for Oregon tax purposes. to make estimated tax payments. Caution: If your final tax Excise or income tax? liability when you file your return is $500 or more, you may Oregon has two types of corporate taxes: excise and be subject to UND. income. Excise tax is the most common. Most corpora- tions don’t qualify for Oregon’s income tax. 5. Amount of each payment. 5. (Divide line 4 by the number of Excise tax is a tax for the privilege of doing business payments you need to make. in Oregon. It’s measured by net income. Excise tax fil- This is usually 4.) ers are subject to corporate minimum tax. Corporation excise tax laws are in Chapter 317 of the Oregon Revised If your expected net tax changes during the year, refig- Statutes. ure your estimated tax payments using the Estimated tax payments’ worksheet. Note: All interest on obligations of the 50 states and their subdivisions are subject to Oregon excise tax. Interest on To avoid additional charges for UND, you must pay the obligations of the United States and its instrumentalities amount of any prior underpayment plus the amount of are also subject to tax if the interest is taxable under the the current required payment. Internal Revenue Code and Congress has not chosen to 150-102-021-1 (Rev. 10-17-23) 4 2023 Form OR-20-INC Instructions |
prevent the states from taxing the interest in question. A • At least one of the affiliated corporations doing busi- taxpayer has the burden of showing that Oregon can’t ness in Oregon or have Oregon-source income. tax the interest on a federal obligation. Note: S corporations can’t be included in consolidated Income tax is for corporations not doing business in federal returns. IRC §1361(b) provides that a corporation Oregon, but with income from an Oregon source. Income that’s a Qualified Subchapter S Subsidiary (QSSS) isn’t tax filers aren’t subject to corporate excise or minimum treated as a separate corporation. All income, deduc- tax. Corporation income tax laws are in Chapter 318 of tions, and credits of the QSSS will be treated as belong- the Oregon Revised Statutes. ing to the parent S corporation. Unitary business. A business that has, directly or indi- What form do I use? rectly between members or parts of the enterprise, either a sharing or an exchange of value shown by: Except as provided by Pub.L. 86-272, all corporations doing business in Oregon must file Form OR-20, and • Centralized management or a common executive force, are subject to the minimum excise tax. Any corporation • Centralized administrative services or functions result- doing business in Oregon is also required to register ing in economies of scale, or with the Secretary of State Corporation Division. See • Flow of goods, capital resources, or services showing www. sos.oregon.gov. functional integration. “Doing business” means carrying on or being engaged Unitary insurance affiliates. If a unitary insurance in any profit-seeking activity in Oregon. A taxpayer affiliate has a separate return filing requirement, they’re having one or more of the following in this state is clearly excluded from the Oregon return of the consolidated doing business in Oregon: group. The insurance affiliate is treated as if it’s a non- unitary affiliate of the consolidated group by subtract- • A stock of goods. ing income or adding losses to federal taxable income. • An office. The other members of the insurer’s federal consolidated • A place of business (other than an office) where affairs group receive a 100 percent dividend-received deduction of the corporation are regularly conducted. for any dividend received from the insurer. See “Addi- • Employees or representatives providing services to tions” and “Subtractions” below. customers as the primary business activity (such as accounting or personal services), or services incidental Separate federal returns. Any corporation that files to the sale of tangible or intangible personal property a separate federal return must file a separate Oregon return if it’s doing business in Oregon or has income (such as installation, inspection, maintenance, war- from an Oregon source. However, see special filing ranty, or repair of a product). requirements for REITs. • An economic presence through which the taxpayer regularly takes advantage of Oregon’s economy to pro- A corporation subject to Oregon taxation must also file duce income. a separate Oregon return if it was included in a con- solidated federal return, but wasn’t unitary with any of Corporations not doing business in Oregon, but with the other affiliates. To determine your Oregon taxable income from an Oregon source generally must file income, take the taxable income from the consolidated Form OR-20-INC. There is no minimum tax for Form federal return and use Oregon additions or subtractions OR-20-INC filers. Most corporations don’t fall within to remove the nonunitary affiliates. Oregon’s income tax provisions. Corporations not doing business in Oregon, and with E-file no Oregon source income, even if incorporated in or If you’re required to e-file with the IRS, you’re also registered to do business in the state, aren’t required to required to e-file for Oregon (ORS 314.364). We accept file a corporation tax return. calendar year, fiscal year, short year, and amended elec- tronic corporation tax returns utilizing the IRS Modern- Filing requirements ized e-file platform (MeF). Beginning January 2024, we’ll Consolidated federal returns (ORS 317.705–317.725). If a accept e-filed returns for tax year 2023, and will continue corporation is a member of an affiliated group of corpo- accepting returns for 2022 and 2021. rations that filed a consolidated federal return, it must Your tax return software also allows you to make elec- file an Oregon return based on that federal return. An tronic payments when e-filing your original return. Oregon return, based on the federal consolidated return, Note: Your paper return may be rejected if you’re is required when two or more affiliated corporations are: required to electronically file your Oregon corporation • Included in a consolidated federal return; tax return, unless a waiver request has been approved by • Unitary; and us prior to the filing of the paper return. 150-102-021-1 (Rev. 10-17-23) 5 2023 Form OR-20-INC Instructions |
If you’d like to request a waiver, send an email with years. Oregon allows corporations to carry net operat- the FEIN, tax year, and reason you’re unable to e-file to ing losses forward only. bus.electronicfiling@ dor.oregon.gov, prior to paper-fil- On the estimated tax payments line on your amended ing your return. Form OR-20-INC, enter the net income tax per the origi- For a list of software vendors or for more information, nal return or as previously adjusted. Don’t include any search “e-filing” at www.oregon.gov/dor. penalty or interest portions of payments already made. If paying additional tax with your amended return, you Federal or other state audit changes must include interest with your payment. Interest is fig- If the IRS or other taxing authority changes or corrects ured from the day after the due date of your original your federal or other state return for any tax year, you return up to the day we receive your full payment. See must notify us. File an amended Oregon return and “Interest rates.” include a copy of the federal or other state audit report. Pay all tax and interest due with your amended return Mail this separately from your current year’s return. or within 30 days after receiving a billing notice from us If you don’t amend or send a copy of the federal or other to avoid being charged a 5 percent late payment penalty. state report, we have two years from the date we’re noti- fied of the change to issue a deficiency notice. To receive Protective claims a refund, you must file a claim for refund of tax within Don’t file an amended return as a protective claim. two years of the date of the federal or other state report. Use Oregon Form OR-PCR, Protective Claim for Refund, 150-101-184, when your claim to a refund is contingent Amended returns on a pending court decision or legislative action. Notify us within 90 days of the final determination by filing an Oregon doesn’t have an amended return form for corpo- amended return. Don’t file an amended return before rations. Use the form for the tax year you’re amending the pending action is final. and check the amended box. Always use your current address. If your address has changed, don’t use your old address or our system will revert your current address Special filing requirements to the old address. See Oregon Corporation Excise Tax Form OR-20 Instructions, Fill in all amounts on your amended return, even if for filing information for the following entity types: they’re the same as originally filed. If you’re amend- ing to change additions, subtractions, or credits, include • Agricultural or horticultural cooperatives. detail of all items and amounts, including carryovers. • Broadcasters. • Exempt organizations. If you change taxable income by filing an original or • Homeowners associations. amended federal or other state return, you must file an • Insurers. amended Oregon return within 90 days of when the • IC-DISCs. original or amended federal or other state return is filed (These entities don’t file Form OR-20-INC.) (ORS 314.380). Include a copy of your original or amended federal or other state return with your amended Oregon return and explain the changes. Limited liability companies (LLCs) If you filed Form OR-20-S, and later determined you Oregon follows federal law in determining how an LLC is taxed. Federal law doesn’t recognize an LLC as a clas- should file Form OR-20-INC, amend your return using sification for federal tax purposes. An LLC business Form OR-20-INC and check the amended box. entity must file a corporation, partnership, or sole pro- You may make payments online for your amended prietorship tax return, depending on elections made by return at www.oregon.gov/dor. the LLC and the number of members. Don’t make payments for amended returns with EFT. A multi-member LLC can be either a partnership or a This also applies to e-filed amended returns. For paper corporation, including an S corporation. A single mem- returns, you may pay online or include a check or money ber LLC (SMLLC) can be either a corporation or a single order with your return. For e-filed returns, you may pay member “disregarded entity.” Refer to federal law for online or send a check or money order separately. If you more information and requirements. mail your payment separate from your return, write An LLC taxed as a C corporation must file Form OR-20 “Amended” on the payment and include a completed if doing business in Oregon, or Form OR-20-INC if not Form OR-20-V with the amended box checked. doing business in Oregon but receiving Oregon-source Don’t amend your Oregon return if you amend the fed- income. The LLC must file Form OR-20-S if the entity eral return to carry a net operating loss back to prior files federal Form 1120-S. 150-102-021-1 (Rev. 10-17-23) 6 2023 Form OR-20-INC Instructions |
An LLC taxed as a partnership must file Form OR-65, A REIT or RIC that isn’t required to be included in an Oregon Partnership Return, if doing business in Oregon, Oregon consolidated return is subject to tax under ORS or if receiving Oregon-source income, or if it has any chapter 317 or 318 and calculates their Oregon apportion- Oregon resident members. If the LLC has a corporate ment factors and Oregon net income in the same manner member, the member is taxed on its share of the LLC’s as a corporation with a separate filing requirement under Oregon income. ORS 317.710. REITs or RICs doing business in Oregon are subject to Oregon minimum tax. Business trusts that If an LLC is part of a corporation’s overall business oper- qualify as REITs filing separate returns aren’t allowed ations and is treated as a partnership, include the corpo- an Oregon deduction for net losses of prior years. ration’s ownership share of LLC property, payroll, and sales in the corporation’s apportionment percentage cal- Distributions from a REIT or RIC to its shareholders are culation on Schedule OR-AP (ORS 314.650 and support- treated the same as distributions from a corporation to ing administrative rules). its shareholders for purposes of ORS chapters 316, 317, and 318. Foreign LLCs are identified as unincorporated associa- tions organized under the laws of a state other than Ore- gon, or a foreign country. Oregon’s definition of a foreign Real Estate Mortgage Investment Conduits LLC includes an unincorporated association organized (REMICs) under the laws of a federally recognized American A REMIC isn’t subject to Oregon tax; the income is Indian tribe, no matter when organized. taxable to the holders of the REMIC’s interests under ORS Chapter 316, 317, or 318, whichever is applicable. A Political organizations REMIC must file Form OR-20-INC if it receives prohib- Political organizations (for example, campaign commit- ited transaction income from Oregon sources. tees and political parties) normally don’t pay state or fed- All REMICs required to file must include a complete eral taxes. However, income earned from investments is copy of federal Form 1066. The REMIC must also include taxable. Examples include interest earned on deposits; a federal Schedule Q for each residual interest holder for dividends from contributed stock, rents, or royalties; and each quarter of the tax year. Report the amount of net gains from the sale of contributed property. We follow income from prohibited transactions from federal Form the federal definitions of political organizations and tax- 1066 Schedule J (ORS 314.260). able income. A political organization that isn’t incorporated and hasn’t Filing checklist elected to be taxed as a corporation should file a personal income tax return [ORS 316.277(2)]. Rounding to whole dollars. Enter amounts on the For more information, including how to file your return, return and accompanying schedules as whole dollars go to www.oregon.gov/dor/business. only. Example: $4,681.55 becomes $4,682; and $8,775.22 becomes $8,775. Publicly traded partnerships • Due date of your return. Returns are due by the 15th A “publicly traded partnership” is a partnership treated day of the month following the due date of your fed- as a corporation for federal tax purposes under IRC §7704. eral corporation return. When the 15th falls on a Sat- urday, Sunday, or legal holiday, the due date is the next The partners in a publicly traded partnership aren’t business day. subject to tax on their distributive shares of partnership income. A publicly traded partnership taxed as a corpo- • Extensions. See the instructions below for the exten- ration must file a Form OR-20 if doing business in Ore- sion checkbox. When you file, include the extension as gon, or Form OR-20-INC if not doing business in Oregon, the final page of your return. but is receiving Oregon-source income. • Payments. Real Estate Investment Trusts (REITs) and ° Payments received after the original due date will be applied first to penalty, then to interest, and then to Regulated Investment Companies (RICs) tax [ORS 305.265(13)]. A REIT or RIC that isn’t included in a federal consoli- ° Estimated payments and prepayments. Identify all dated return based on the provisions of IRC §1504(b)(4) estimated payments claimed by completing Sched- must be included in the Oregon consolidated return. ule ES on page 5 of your return. List all payments that These REITs or RICs are subject to the provisions of were submitted prior to filing your return. Include ORS 317.715 and supporting administrative rules. For the corporation name and FEIN if a payment was apportioning taxpayers, factors from the REIT or RIC are made by an affiliate of the filing corporation. Miss- included in the apportionment calculation of the consoli- ing or incomplete information on payments made by dated Oregon return. an affiliate could result in a billing. 150-102-021-1 (Rev. 10-17-23) 7 2023 Form OR-20-INC Instructions |
° Online payments. You may pay online for any return at www.oregon.gov/dor. Search “payments.” Form instructions ° Making electronic payments with your e-filed Heading and checkboxes return. We accept electronic payments when e-filing your original return. • Extension checkbox. For an Oregon extension when ° Making check or money order payments with your you’re also filing for a federal extension: Send a copy paper return. Make your check or money order pay- of the federal extension with the Oregon return when able to Oregon Department of Revenue. Write the you file. Check the extension checkbox on your Ore- following on your check or money order: gon return and include a copy of the extension after all — Filer FEIN. other enclosures. — Tax year beginning and ending dates. For an “Oregon only” extension: Answer question 1 on — Contact phone. federal extension Form 7004, write “For Oregon Only” ° To speed up processing of your return: at the top of the form and include it with your Oregon — Don’t use Form OR-20-V payment voucher. return when you file. Check the extension checkbox on the Oregon return. — Don’t staple payment to the return. — Don’t send cash or postdated checks. The Oregon extension due date is the 15th day of the — Don’t use red or purple or any gel ink. month following the federal exten sion’s due date. Don’t send the extension until you file your Oregon return. • Assembling your return. Assemble your Oregon return forms in the following order: More time to file doesn’t mean more time to pay your tax. To avoid penalty and interest, pay tax due prepay- 1. Form OR-20-INC, Oregon Corporation Income Tax ments online, or by mail with Form OR-20-V, on or Return; before the original due date of your return. Note: Fil- 2. Schedule OR-AP, Apportionment of Income for Corpo- ing Form OR-20-V isn’t an extension of time to file your rations and Partnerships; tax return. 3. Schedule OR-AF, Schedule of Affiliates; If you’re making an extension payment by mail, send 4. Schedule OR-PI, Schedule of Partnership Information; the payment to: Oregon Department of Revenue, PO 5. Schedule OR-ASC-CORP, Oregon Adjustments; Box 14950, Salem OR 97309-0950. 6. Form OR-37, Underpayment of Oregon Corporation Estimated Tax; Include on your check: 7. Form OR-DRD, Dividends-Received Deduction. — FEIN. 8. Form OR-24, Like-Kind Exchanges/Involuntary — “Extension.” Conversions; — Tax year beginning and ending dates. 9. Other Oregon statements; — Contact phone. 10. Oregon credit forms including notice of credit transfers; • Form OR-37 checkbox. If you have an underpayment 11. Copy of federal tax return and schedules; of estimated tax, you must include a completed Form 12. Form 7004, Federal extension. OR-37. Check the Form 37 box in the header of your return. Mailing Addresses Use Form OR-37 to: ° Calculate the amount of underpayment of estimated Tax-due returns, with or without payment, mail to: tax; Oregon Department of Revenue ° Compute the amount of interest you owe on the under- PO Box 14790 payment; or Salem OR 97309-0470 ° Show you meet an exception to the payment of (Do NOT include a payment voucher.) interest. Refunds or no tax-due returns, mail to: • REIT/RIC checkbox. If you participated in a REIT or Oregon Department of Revenue RIC, you must check the appropriate box in the header PO Box 14777 area of the Oregon tax return. Salem OR 97309-0960 • Amended checkbox. Check the amended box if this is Check or money order payments only, mail to: an amended return. Oregon Department of Revenue • Form OR-24 checkbox. Corporations may defer, PO Box 14950 for Oregon tax purposes, all gains realized in the Salem OR 97309-0950 exchange of like-kind property and involuntary con- (Include Form OR-20-V payment voucher.) versions under IRC §1031 or §1033, even though the 150-102-021-1 (Rev. 10-17-23) 8 2023 Form OR-20-INC Instructions |
replacement property is outside Oregon. Oregon will with your federal tax return instructions. Only enter the tax the deferred gain when it’s included in federal tax- code if this is your first return, the current code is dif- able income. ferent than you reported last year, or your code begins with “111” or “112”. Include a copy of your Oregon Form OR-24, Like-Kind Exchanges/Involuntary Conversions, 150-800-734, with Question E(1). Check this box if you filed a consolidated your Oregon return and check the Form OR-24 box if federal return. Include a list of the corporations included all of the following apply: in the consolidated federal return. ° The corporation reported deferred gain on a federal Question E(2). Check this box if you filed a consolidated Form 8824; Oregon return. Complete Schedule OR-AF, Schedule of ° All or part of the property exchanged or given up Affiliates, and list only the corporations included in the was located in Oregon; and consolidated Oregon return that: ° All or part of the acquired property was located out- • Are doing business in Oregon; or side of Oregon. • Have income from Oregon sources. For a more detailed explanation, see ORS 314.650 and Question E(3). Check this box if it applies. Include a 314.665 and supporting administrative rules regarding list of corporations included in the consolidated federal apportionment of deferred gain. return that aren’t included in this Oregon return. List • Federal Form 8886 checkbox and reportable transac- each corporation’s name and FEIN. Note: Include a copy tions. If you’re required to report listed or reportable of your federal return and schedules as filed with the transactions to the IRS on federal Form 8886, you must IRS. check this box. We’ll assess penalties if you don’t com- Question F. If the filing corporation (shown above as ply with this requirement. legal name) is a subsidiary in an affiliated group, or a • Global intangible low-taxed income (GILTI) included subsidiary in a parent-subsidiary controlled group, enter on federal return. If you included GILTI on your fed- the name and FEIN of the parent corporation. For def- eral return, check this box. inition of a subsidiary in an affiliated group or a par- ent-subsidiary controlled group, see federal Form 1120, • Alternative apportionment checkbox. See Appendix Schedule K. C for complete information. Check this box if you have included a request with your return. Question K. Utility or telecommunications compa- nies. Taxpayers primarily engaged in utilities or tele- Name. Generally, a consolidated Oregon return is filed communications may elect to apportion income using a in the name of the common parent corporation. If the double-weighted sales factor formula (ORS 314.280 and parent corporation isn’t doing business in Oregon, file supporting administrative rules). Check the box if mak- the return in the name of the member of the group hav- ing this election. ing the greatest presence in Oregon. “Having the great- est presence” means that the member has the largest Question L. Limited partner income only. Check this Oregon property value as determined under ORS 314.655 box if your corporation is filing a Form OR-20-INC and (see Schedule OR-AP and OAR 150-317.0540). has no other connection to Oregon other than an owner- ship interest as a limited partner in a partnership that’s • Legal name. Enter the corporation’s current legal doing business in Oregon. name as set forth in the articles of incorporation or other legal document. Don’t check this box if you’re a general partner. A corpo- • FEIN. Enter the FEIN of the corporation named as the rate general partner of a partnership that’s doing busi- filer on the consolidated Oregon return. ness in Oregon is subject to the greater of calculated • DBA/ABN. If the corporation is doing business under excise tax or minimum tax imposed under Chapter 317 a different name, for example, DBA or ABN, enter that and must file Form OR-20. name. Question M. Total Oregon sales. • Current address. Always enter the corporation’s cur- rent address. If the address for the year you’re filing • Apportioned returns. Enter the amount of Oregon was different, don’t use the old address or our system sales from Schedule OR-AP, line 22(a). will revert your current address to the old address. • Nonapportioned returns. Enter the amount of sales as defined by ORS 314.665. Questions Questions A–C. Complete only if this is your first return Line instructions or the answer changed during the tax year. Line 1. Taxable income from U.S. corporation income Question D. Refer to the current list of North American tax return. Enter the taxable income reported for federal Industry Classification System (NAICS) codes found 150-102-021-1 (Rev. 10-17-23) 9 2023 Form OR-20-INC Instructions |
income tax purposes before net operating loss or special decreased income (ORS 314.733). Visit our website for deductions (federal Form 1120, line 28). more information. • Deferred gain recognized from out-of-state disposi- Additions tion of property acquired in an IRC §1031 or §1033 Line 2. Total additions from Schedule OR-ASC-CORP, exchange. See ORS 317.327 regarding the computation Section A. The amount by which any item of income is of the addition if gain or loss is recognized for federal greater under Oregon law than under federal law, or the tax purposes but not taken into account in the compu- amount by which any allowable deduction is less under tation of Oregon taxable income. Oregon law than under federal law, is an addition on • Depletion (percentage in excess of cost). Add the fed- your Oregon return. eral deduction that is in excess of the Oregon allow- Use Schedule OR-ASC-CORP, Section A, to report the ance for depletion (ORS 317.374). amount and description code of each difference. Use the • Depreciation differences. If your Oregon deprecia- description code from the list in Appendix A. The total tion isn’t the same as your federal depreciation, the of all additions is entered on Form OR-20-INC, line 2. difference is a required modification to your Oregon Additions include: return (ORS 317.301). Use Schedule OR-DEPR to deter- mine the Oregon modification. • Bad debt reserve addition of a financial institution to the extent that the federal amount exceeds the • Gain or loss on the disposition of depreciable prop- amount that’s allowable for Oregon. The bad debt erty. Add the difference in gain or loss on sale of busi- method for financial institutions is tied to the fed- ness assets when your Oregon basis is less than your eral method. For taxpayers required to use the spe- federal basis (ORS 317.356 and OAR 150-317-0420). cific write-off method, an addition must be made if • Global intangible low-taxed income (GILTI) under the amortization of the federal reserve is less than the IRC Section 250. You must add back any GILTI amount amortization of the Oregon reserve (ORS 317.310). not included in Line 1 of your Oregon return. Gener- • Capital construction fund. Amounts deferred under ally, the federal deduction is taken on line 29b of fed- Section 607 of the Merchant Marine Act of 1936 and eral Form 1120 and doesn’t impact the Oregon return. IRC §7518 must be added back to federal taxable However, if any amount was omitted or deducted in income (ORS 317.319). determining federal income carried to line 1 of your Oregon return, it must be added back before a subtrac- • Charitable donations not allowed for Oregon. Dona- tion can be claimed. Report the Oregon addition (if tions to a charitable organization that has received a any) on Schedule OR-ASC-CORP using code number disqualifying order from the Attorney General aren’t 186 ORS 317.267). deductible as charitable donations for Oregon tax pur- poses. Such organizations are required to provide a • Income from sources outside the United States. Add disclosure to a donor to acknowledge this. The Attor- income from sources outside the United States, as ney General will publish online and otherwise make defined in IRC §862, not included in federal taxable publicly available information identifying the chari- income under IRC §§861 to 864 (ORS 317.625). table organizations receiving a disqualification order. • Income of related FSC or DISC. Net income or loss If you claimed a federal deduction, an addition must must be included in the net income of the related U.S. be made on your Oregon return for donations to such affiliate if the related FSC or DISC doesn’t qualify for charitable organizations (ORS 317.491). ORS 317.283(2) treatment (ORS 317.283 and 317.286). • Claim of right income repayment adjustment when • Individual Development Account credit. Donations credit’s claimed. The deduction under IRC §1341 on deducted on the federal return must be added back to the federal return must be added back to federal tax- federal taxable income if the Oregon credit’s claimed able income on your Oregon return if the Oregon cred- [ORS 315.271(2)]. it’s claimed (ORS 317.388). • Intercompany transactions involving intangible • CPAR addition. If you’re an owner of a partnership assets. The user of the intangible asset must add the that was subject to a partnership-level audit by the royalty or other expense for such use to federal taxable IRS (or you’re an owner of a tiered partner of such a income as an addition on the Oregon tax return if: partnership), you may have to increase or decrease your Oregon income as a result of the audit. Report an ° An intangible asset is owned by one corporation or increase in income using addition code 187 or report a business (the owner), and used by another (the user) decrease in income using subtraction code 384, which- for a royalty or other fee; ever is applicable. Use these codes even if another ° Both the owner and the user are “owned by the same code is assigned for the specific type of increased or interests,” as defined in Treas. Reg. §1.469-4T(j); 150-102-021-1 (Rev. 10-17-23) 10 2023 Form OR-20-INC Instructions |
° The owner and the user aren’t included in the same • Opportunity Grant Fund (auction). Any federal deduc- Oregon tax return; and tion for contributions for which an Opportunity Grant ° The separation of ownership of the intangible asset Fund tax credit certification is made must be added to from the user of the intangible asset results in either: federal taxable income (ORS 315.643). evasion of tax or a computation of Oregon taxable income that isn’t clearly reflective of Oregon busi- • Oregon excise tax and other state or foreign taxes on ness income. or measured by net income. Oregon excise tax may not be deducted on the Oregon return. Taxes of other If the owner also files an Oregon return, the owner states or foreign governments on or measured by net of the intangible asset must report the correspond- income or profits may not be deducted on the Oregon ing royalty or other income as a negative addition on return. If you subtracted these taxes on your federal Schedule OR-ASC-CORP, Section A (ORS 314.295 and return, you must add them back on your Oregon supporting administrative rules). return. However, the Oregon minimum tax and some • Interest income excluded from the federal return. local taxes, such as the Multnomah County Business Oregon gross income includes interest on all state and Income tax, are deductible, and aren’t required to be municipal bonds or other interest excluded for fed- added back (ORS 317.314). eral tax purposes. Reduce the addition by any interest • Oregon production investment fund. Add back the incurred to carry the obligations and by any expenses amount of contribution for which a tax credit certifica- incurred in producing this interest income (ORS 317.309). tion is made that’s allowed as a deduction for federal • Inventory costs. The costs allocable to inventory are tax purposes (ORS 315.514). the same as those included in IRC §263A. Differences • REITs and RICs. A REIT or RIC meeting the federal in depreciation and depletion allocable to inventory affiliate definition must be included in the consoli- result in a modification [ORS 314.287(3)]. dated Oregon return. This is an Oregon modification • IRC §139A federal subsidies for prescription drug (addition or subtraction) to federal taxable income. For plans. For federal purposes, taxpayers can exclude apportioning taxpayers, factors from the REIT or RIC from taxable income certain federal subsidies for are included in the apportionment calculation of the prescription drug plans per IRC §139A. However, for consolidated Oregon return (ORS 317.010 and support- Oregon purposes, this federally excluded income is an ing administrative rules). addition on the Oregon return (ORS 317.401). • Safe harbor lease agreements. Oregon doesn’t tie • IRC §631(a) treatment of timber isn’t recognized by to the federal safe harbor lease provisions. See ORS Oregon. Both beginning and ending inventories must 317.349 and supporting administrative rules for details be adjusted for IRC §631(a) gain. For Oregon purposes, about the adjustments required for Oregon. there’s no taxable event until actual sale (ORS 317.362). • University venture development fund contributions. • Losses of nonunitary corporations. Net losses of non- Add to federal taxable income the amount of contri- unitary corporations included in a consolidated federal butions used to calculate the University Venture Fund return must be eliminated from the Oregon return. Contribution credit that were deducted from federal Net losses include the separate loss as determined taxable income (ORS 315.640). under Treasury Regulations adopted for IRC §1502, and deductions, additions, or items of income, expense, • Unused business credits. Unused business credits gain, or loss for which the consolidated treatment is taken as a federal deduction under IRC §196 must be prescribed. Include a schedule showing your compu- added back to federal taxable income (ORS 317.304). tation of the total net loss eliminated [ORS 317.715(2)]. Line 3. Income after additions (line 1 plus line 2). • Losses of unitary insurance affiliates. If a unitary insurance affiliate has a separate return filing require- Subtractions ment, they’re excluded from the consolidated Oregon return. The insurance affiliate is treated as if it’s a non- Line 4. Total subtractions from Schedule OR-ASC-CORP, unitary affiliate of its consolidated group and the loss Section B. The amount by which an item of income is less (if any) is an addition (ORS 317.715). under Oregon law than federal law, or the amount by which an allowable deduc tion is greater under Oregon • Net federal capital loss deduction. If the Oregon and law than federal law, is a subtraction on your Oregon federal capital loss deductions are different, add the return. federal capital loss back to federal taxable income. The Oregon capital loss will be deducted after subtrac- Use Schedule OR-ASC-CORP, Section B, to report the tions (and apportionment for corporations required to amount and description code of each difference. Use the apportion income) to arrive at Oregon taxable income description code from the list in Appendix A. The total (ORS 317.013 and supporting administrative rules). of all subtractions is entered on Form OR-20-INC, line 4. 150-102-021-1 (Rev. 10-17-23) 11 2023 Form OR-20-INC Instructions |
Subtractions include: • Film production labor rebate. Subtract the amount received as a labor rebate that’s included in federal tax- • Bad debt reserve addition of a financial institution able income (ORS 317.394). to the extent that the Oregon amount exceeds the amount that’s allowed on the federal return. A sub- • Foreign derived intangible income (FDII) under IRC traction is also made if the amortization of the federal Section 250. Oregon is connected with the FDII deduc- reserve is greater than the amortization of the Oregon tion on your federal return. Generally, the federal deduc- reserve (ORS 317.310). tion amount is reported on federal Form 8993, Part IV, line 8. Report your Oregon subtraction on Schedule • Charitable contribution. Subtract the amount by OR-ASC-CORP using code number 382. Don’t use which a corporation must reduce its charitable contri- Form OR-DRD for this subtraction [SB 851 (2019)]. bution deduction [IRC §170(d)(2)(B)] (ORS 317.307 and • Gain or loss on the sale of depreciable property. OAR 150-317-0350). The difference in gain or loss on the sale of business assets • CPAR subtraction. If you’re an owner of a partner- when your Oregon basis is less than your federal basis ship that was subject to a partnership-level audit by (ORS 317.356). the IRS (or you’re an owner of a tiered partner of such • Global intangible low-taxed income (GILTI) under a partnership), you may have to increase or decrease IRC Section 250. Oregon allows an 80 percent subtrac- your Oregon income as a result of the audit. Report an tion of GILTI amounts under IRC Section 951A that are increase in income using addition code 187 or report a included in your Oregon income. Report the Oregon decrease in income using subtraction code 384, which- subtraction on Schedule OR-ASC-CORP using code ever is applicable. Use these codes even if another number 381. Don’t use Form OR-DRD for this subtrac- code is assigned for the specific type of increased or tion (ORS 317.267). decreased income (ORS 314.733). Visit our website for more information. • IC-DISC commission payments. For tax years begin- ning on or after January 1, 2013, a deduction is allowed • Deferred gain recognized from out-of-state disposi- for commission payments made to an IC-DISC if tion of property acquired in an IRC §1031 or §1033 the DISC was formed on or before January 1, 2014 exchange. See ORS 317.327 regarding the computa- (ORS 317.283). tion of the subtraction if gain or loss is recognized for • Income of nonunitary corporations. Net income of non- federal tax purposes but not taken into account in the unitary corporations included in a consolidated federal computation of Oregon taxable income. return must be eliminated from the Oregon return. Net • Depletion. Subtract the Oregon allowance for deple- income includes the separate taxable income, as deter- tion that is in excess of the federal deduction for deple- mined under Treasury Regulations adopted for IRC tion (ORS 317.374). §1502, and any deductions, additions, or items of income, expense, gain, or loss for which consolidated treatment • Depreciation differences. If your Oregon deprecia- is prescribed. Include a schedule showing computation tion isn’t the same as your federal depreciation, the of the total net income eliminated [ORS 317.715(2)]. difference is a required modification to your Oregon return (ORS 317.301). Use Schedule OR-DEPR to deter- • Income of unitary insurance affiliates. If a unitary mine the Oregon modification. insurance affiliate has a separate return filing require- ment, they’re excluded from the consolidated Oregon • Dividend deduction. A 70 percent deduction is allowed return. The insurance affiliate is treated as if it’s a for qualifying dividends regardless of geographic nonunitary affiliate of its consolidated group and any source. An 80 percent deduction is allowed for divi- income is a subtraction (ORS 317.715). dends received from corporations whose stock is owned • Income on a composite return. A corporate owner of 20 percent or more. Use Oregon Form OR-DRD for com- a pass-through entity (PTE) may subtract its share of puting the Oregon dividend deduction and include it distributive income that has already been reported on with your return (ORS 317.267). an Oregon composite return. See Publication OR-OC • Federal credits. Subtract the amount of expense not and OAR 150-314-0515 for more information. deducted on the federal return attributable to claiming • Interest on obligations of the U.S. and its instru- a federal credit (ORS 317.303). mentalities included in Form OR-20-INC, line 1. This • Federal investment tax credit on certain assets. If you applies to income tax filers only. Reduce the subtrac- take a federal tax credit on certain assets, and your tion by any expenses incurred to produce this interest income. federal basis is less than your Oregon basis, you must recalculate the gain or loss on disposal of those assets • Inventory costs. The costs allocable to inventory are and subtract the difference (ORS 317.356). the same as those included in IRC §263A. Differences 150-102-021-1 (Rev. 10-17-23) 12 2023 Form OR-20-INC Instructions |
in depreciation and depletion allocable to inventory • Taxes paid to a foreign country. You may subtract result in a modification [ORS 314.287(3)]. from federal taxable income the taxes paid to a foreign country upon the payment of interest or royalties aris- • IRC Section 245A foreign-source portion dividends. ing from sources within such foreign country, if such Oregon allows a 100 percent subtraction of the foreign- taxes are not deductible in arriving at federal taxable source portion of dividends from certain foreign cor- porations under IRC Section 245A. The subtraction is income and if the interest or royalties are included in allowed only if the amount is included in federal tax- arriving at Oregon taxable income [ORS 317.314.(3)]. able income reported on line 1 of your Oregon return. • Work opportunity credit wages not deducted on the Generally, the federal deduction amount is reported federal return. Subtract the amount of wages that on federal Form 1120, Schedule C, line 13. Report your weren’t deducted on the federal return because the Oregon subtraction on Schedule OR-ASC-CORP using work opportunity credit was claimed (ORS 317.303). code number 383. Don’t use Form OR-DRD for this subtraction (ORS 317.267). Line 5. Net income before apportionment (line 3 minus line 4). This amount is carried to Schedule OR-AP, part • Losses from outside the United States. Subtract losses 2, line 1. from sources outside the United States, as defined in IRC §862, not included in federal taxable income under Net loss and net capital loss deductions are entered on Sched- IRC §§861 to 864 (ORS 317.625). ule OR-AP for Form OR-20-INC filers. • Manufactured dwelling park tenant payments made Net loss deduction. under ORS 90.505 to 90.840 to compensate a tenant for • Enter the deduction on Schedule OR-AP-2, line 10a for costs incurred due to the closure of the park may be net losses assigned to Oregon during the preceding subtracted (ORS 317.092). taxable years (and not previously deducted). Enter as • Marijuana business expenses. ORS 317.363 allows a positive number. Oregon taxpayers filing a corporate excise or income • Include a schedule showing your computations. tax return to deduct business expenses otherwise • A net loss is the amount determined under IRC Chap- barred by IRC §280E if the taxpayer is engaged in mar- ter 1, Subtitle A, with the modifications specifically ijuana-related activities authorized by ORS 475C.005 to prescribed under Oregon law. 475C.525, or ORS 475C.700 to 475C.919. • The Oregon deduction is the sum of unused net losses assigned to Oregon for preceding taxable years. • Psilocybin business expenses. ORS 317.363 allows • A net operating loss carryforward is required to be Oregon corporation excise and income tax filers to reduced by the entire Oregon net income of interven- subtract certain business expenses otherwise barred ing tax years [ORS 317.476(4)(b)]. by IRC §280E if the corporation is engaged in psilo- • Net losses can be carried forward up to 15 years. cybin-related activities authorized by ORS 475A.210 to • Oregon doesn’t allow net losses to be carried back. 475A.722, the Oregon Psilocybin Services Act. Use sub- • For losses, and built-in losses occurring before a traction code 385 on Schedule OR-ASC-CORP. change in ownership [separate return loss year (SRLY) • REITs and RICs. A REIT or RIC meeting the federal limitations], Oregon is tied to the federal limitations affiliate definition must be included in the consoli- (IRC §382 and §384; ORS 317.476 and 317.478). dated Oregon return. This is an Oregon modification • The total net loss deduction on a consolidated Ore- (addition or subtraction) to federal taxable income. For gon return is the sum of the net losses available to apportioning taxpayers, factors from the REIT or RIC each of the corporations subject to the limitations in are included in the apportionment calculation of the OAR 150-317-0460. consolidated Oregon return (ORS 317.010 and support- • REITs, if qualified under IRC §856, aren’t allowed a net ing administrative rules). loss deduction [ORS 317.476(5)]. • Sale of manufactured dwelling park. The net gain Net capital loss deduction. attributable to the sale of a manufactured dwelling • Enter the deduction on Schedule OR-AP-2, line 10b. park to a tenant’s association, facility purchase asso- Enter as a positive number. ciation, or tenant’s association supported nonprofit • Oregon allows a net capital loss deduction for losses organization is exempt from tax (Note following ORS apportioned to Oregon and carried from another year. 317.401). • The deductible loss is limited to net capital gain • State of Oregon interest income included on line included in Oregon income. Capital losses must be 2 (Form OR-20-INC only). Interest income from carried back three tax years and then may be carried obligations of the state of Oregon isn’t taxable if the forward for up to five tax years. obligation was issued after May 24, 1961. Reduce the • Include a schedule showing your computations subtraction by any expenses incurred to produce this including the tax year the net capital loss originated interest income. (ORS 317.476 and supporting administrative rules). 150-102-021-1 (Rev. 10-17-23) 13 2023 Form OR-20-INC Instructions |
Line 6. Apportionment percentage.Enter the apportion- tax that was deferred from the last year of the C corpora- ment percentage from Schedule OR-AP, part 1, line 23. tion (ORS 314.771). Line 7. Oregon taxable income from Schedule OR-AP, part 2, line 12. Net income tax Line 16. Net income tax (line 14 minus line 15). Income Tax filers don’t pay a minimum tax. Line 8. Calculated income tax. See Appendix B for computation. Payments, penalty, interest, and UND Line 9. Tax adjustments. Line 17. Estimated tax payments, other prepayments, and refundable credits (from Schedule ES on page 5). Installment sales interest. If you owe interest on deferred tax liabilities with respect to installment obliga- • Fill in the total estimated tax payments made before tions under ORS 314.302, enter the amount as a positive filing your Oregon return. number. Include a schedule showing how you figured • List name and FEIN of the payer only if different from the interest. the corporation filing this return. Line 10. Tax before credits (line 8 plus line 9). Note: Consolidated return filers. If estimated payments were made under a different name, fill in the paying Credits corporation’s name and FEIN on Schedule ES for correct application of estimated payments. For a list and description of Oregon corporation cred its, visit www.oregon.gov/dor. Note: Missing or incomplete information on payment made by an affiliate could result in a billing. Important: • All credits are claimed on Schedule OR-ASC-CORP. • Include any refunds applied from other years on line 5. • Use the description code from the list in Appendix A. • Enter payments made with your extension or other • List credits and codes on the OR-ASC-CORP in the prepayments on line 6. order you want them used. • Fill in on line 7 the refundable credits from Schedule • Generally, taxpayers must claim the full amount of a OR-ASC-CORP, Section E. credit allowed per year (ORS 314.078). • Carry the total from line 8 to Form OR-20-INC, line 17. Line 11. Total standard credits from Schedule OR-ASC- Line 18. Withholding payments made on your behalf CORP, Section C . Enter as a positive number. from pass-through entity or real estate income. If taxes were paid on the corporation’s behalf, enter the amount Line 12. Tax after standard credits (line 10 minus line on this line. 11). There’s a requirement to withhold tax from the proceeds Line 13. Total carryforward credits from Schedule OR- of sales of Oregon real property by nonresidents. This ASC-CORP, Section D . Enter as a positive number. applies to individual nonresidents as well as C corpora- Line 14. Income tax after standard and carryforward tions that aren’t doing business in Oregon. The amount credits (line 12 minus line 13). Enter 0 if line 13 is greater to be withheld is the lesser of: than line 12. • 4 percent of the consideration (sales price); Line 15. LIFO benefit recapture subtraction. This • 4 percent of the net proceeds (amount dispersed to the amount is a subtraction from tax after credits. Oregon seller); or has adopted the provisions of IRC §1363(d) for S corpora- • 8 percent of the gain that’s includible in Oregon tax- tions. LIFO benefits are included in taxable income for able income for the year. the last year of the C corporation under these provisions. On a separate schedule, compute the difference between Withholding isn’t required if one of the following require- tax (after credits and any surplus refund) on income per ments is met: the return and income without the recapture of LIFO • The consideration for the real property doesn’t exceed benefits. Multiply this difference by 75 percent and enter $100,000; the result on Form OR-20-INC, line 15 as a subtraction • The property is acquired through foreclosure; from the tax after standard and carryforward cred- • The transferor (owner) is a resident of Oregon—or if a its. Include the computation schedule with the Oregon C corporation—has a permanent place of business in return. this state; or On the LIFO benefits line of each of the first three • The transferor meets one of the requirements in ORS returns of the new S corporation, add one-third of the 314.258(3)(d) through (f). 150-102-021-1 (Rev. 10-17-23) 14 2023 Form OR-20-INC Instructions |
See instructions for Oregon Form OR-18-WC, Report of • 100 percent late pay and late filing penalty. Include Tax Payment or Written Affirmation for Oregon Real Prop- a penalty payment of 100 percent of your unpaid tax erty Conveyance, for more information (ORS 314.258 and if you don’t file returns for three consecutive years by supporting administrative rules). the original or extended return filing due date of the third year. A 100 percent penalty is assessed on each Pass-through entity withholding requirement. A pass- year’s tax balance. through entity (partnership, S corporation, LLP, LLC, or certain trusts) with distributive income from Oregon Line 22. Interest due with this return. You must pay sources must withhold tax from its nonresident owners. interest on unpaid taxes if: The requirement is waived if the nonresident owner • You don’t pay the tax balance by the original filing due makes an election to join in the filing of a composite date, excluding extensions. return, sends us a signed Form OR-19-AF, Oregon Affi- • You file an amended return and have tax to pay. davit for a Nonresident Owner of a Pass-through Entity, or • Your taxable income is changed because of a federal or meets another exception listed in ORS 314.775 and sup- state audit and you owe more tax. porting administrative rules. For more information, see Interest owed on tax starts the day after the due date of instructions for Oregon Form OR-19, Annual Report of your original return, excluding extensions, and ends on Nonresident Owner Tax Payments. the date of your payment. Interest is computed daily. Line 19. Tax due. Is line 16 more than line 17 plus 18? If Even if you have an extension to file, you’ll owe interest so, line 16 minus lines 17 and 18. if you pay after the return’s original due date. Line 20. Overpayment. Is line 16 less than line 17 plus To calculate interest: line 18? If so, line 17 plus line 18, minus line 16. Tax × Daily interest rate × Number of days. Line 21. Penalty due with this return. To avoid penalty and interest, you must make any tax payment owed by Interest rates and effective dates: the original due date of the tax return, excluding exten- sions. You must also e-file or mail your tax return by For periods the original due date. If you file with a valid extension, beginning Annually Daily include the extension with your return and file by the January 1, 2024 8% 0.0219% extended due date. January 1, 2023 6% 0.0164% January 1, 2022 4% 0.0110% Enter the following penalties on your return if they apply. Interest accrues on any unpaid tax during an extension • 5 percent failure-to-pay penalty. Include a penalty of time to file. payment of 5 percent of your unpaid tax if you don’t pay by the original due date, even if you have an exten- Interest will increase by one-third of 1 percent per month sion of time to file. (4 percent yearly) on delinquencies if: Exception: You won’t be charged the 5 percent fail- • You file a return showing tax due, or we assessed an ure-to-pay penalty if you meet all of the following existing deficiency; and requirements: • The assessment isn’t paid within 60 days after the notice of assessment is issued; and ° You have a valid federal or Oregon extension, and • You haven’t filed a timely appeal with us. ° You pay at least 90 percent of your tax after credits by the original due date of the return, and Line 23. Interest on underpayment of estimated tax ° You file your return within the extension period, and (UND). You must make quarterly estimated tax pay- ° You pay the balance of tax due when you file your ments if you expect to owe $500 or more in tax. Oregon return, and charges UND if: ° You pay the interest on the balance of tax due when • The quarterly payment is less than the amount due for you file your return or within 30 days of the date of that quarter; or the bill you receive from us. • We receive the quarterly payment after that quarter’s If you filed with a valid extension, but didn’t pay due date; or 90 percent of your tax by the original due date, you’ll • No quarterly payments are made during the year and be charged the 5 percent failure-to-pay penalty. the final tax debt is $500 or more. • 20 percent failure-to-file penalty. Include a penalty Use Form OR-37 to: payment of 20 percent of your unpaid tax if you don’t • Calculate the amount of underpayment of estimated file your return within three months after the due date tax. (including extensions). The failure-to-file penalty is in • Compute the interest you owe on the underpayment. addition to the 5 percent failure-to-pay penalty. • Show you meet an exception to the payment of interest. 150-102-021-1 (Rev. 10-17-23) 15 2023 Form OR-20-INC Instructions |
If you have an underpayment of estimated tax, include Line 27. Amount of refund to be credited to estimated Form OR-37 with your tax return, check the box on page tax. You may elect to apply part or all of your refund 1 of your Form OR-20-INC, and file them before the due to your next year’s estimated tax payments. Fill in the date of the return. amount you want to apply. Your election is irrevocable. If your current year corporation tax liability is less than Elected amounts that are attributable to estimated tax $500, you aren’t required to make estimated payments. payments received prior to the following year’s first Don’t complete this form. However, this provision doesn’t quarter estimated tax due date, will be applied as a apply to a high-income taxpayer. A “high-income tax- timely first quarter installment of the following year. payer” is one that had federal taxable income before net Elected amounts attributable to payments received after operating loss and capital loss carryovers and carrybacks the following year’s first quarter estimated tax due date, of $1 million or more in any one of the last three years, will be applied to the following year’s estimated tax not including the current year. account as of the date the payment is received. See ORS 314.515 and OAR 150-314-0302. Line 24. Total penalty and interest (add lines 21 through 23). Line 28. Net refund (line 26 minus line 27). Authorize your preparer. To authorize a preparer other Total due or refund than taxpayer to discuss this return with us, check the Line 25. Total due (line 19 plus line 24). See “Filing box located above the signature line for “Preparer sig- checklist” for payment options. Don’t include a Form nature other than taxpayer.” To authorize a person other OR-20-V, payment voucher, with your payment if you’re than the preparer, include a signed Form 150-800-005, including a payment with your return. Tax Information Authorization and Power of Attorney for Representation. Note: Any payments received after the original due date will be applied first to penalty, then to interest, and then to tax [ORS 305.265(13)]. Do you have questions or need help? Special instructions. If you owe penalty or interest and www.oregon.gov/dor have an overpayment on line 20, and your overpayment 503-378-4988 or 800-356-4222 is less than total penalty and interest, then fill in the questions.dor@ dor.oregon.gov result of line 24 minus line 20, on line 25. Contact us for ADA accommodations or assistance in Line 26. Refund available (line 20 minus line 24). other languages. 150-102-021-1 (Rev. 10-17-23) 16 2023 Form OR-20-INC Instructions |
Appendix A Corporation Form OR-20-INC 2023 Schedule OR-ASC-CORP codes Additions Description Code Description Code Bad debt reserve federal exceeding Oregon ................. 156 Inventory costs ................................................................. 161 Capital construction fund ............................................... 152 IRC §139A federal subsidies for prescription drugs ... 123 Charitable donations not allowed for Oregon ............. 132 IRC §631(a) treatment of timber not recognized by Claim of right income repayment .................................. 173 Oregon ............................................................................ 162 CPAR addition .................................................................. 187 Losses of nonunitary corporations ................................ 164 Deferred gain from out-of-state disposition of Losses of unitary insurance affiliates ........................... 183 property ......................................................................... 118 Net federal capital loss deduction ................................. 165 Depletion (percentage in excess of cost) ....................... 166 Opportunity Grant Fund (auction) ................................ 185 Depreciation differences..................................................174 Oregon excise tax and other tax ..................................... 151 Gain or loss on disposition of depreciable property ... 158 Oregon production investment fund ............................ 157 Global intangible low-taxed income (GILTI) ............... 186 REITs and RICs ................................................................. 168 Income from sources outside U.S. ................................. 159 Safe harbor lease agreements ......................................... 169 Income of related FSC or DISC ...................................... 178 Uncategorized addition (must include explanation) .. 199 Individual Development Account credit ...................... 113 University venture development fund Intercompany transactions involving intangible contributions ................................................................. 171 assets ............................................................................... 160 Unused business credits .................................................. 122 Interest income excluded from the federal return (state, municipal, and other interest income) ........... 150 Subtractions Description Code Description Code Bad debt reserve Oregon exceeding federal ................. 359 Income on a composite return ........................................ 341 Charitable contribution ................................................... 351 Interest on obligations of the U.S. and CPAR subtraction ............................................................. 384 its instrumentalities ..................................................... 361 Deferred gain from out-of-state disposition of Inventory costs ................................................................. 357 property ......................................................................... 352 IRC Section 245A foreign-source portion dividends... 383 Depletion (Oregon in excess of federal allowance) ..... 362 Losses from outside U.S. ................................................. 358 Depreciation differences..................................................353 Manufactured dwelling park tenant payments ........... 344 Dividend deduction ........................................................ 370 Marijuana business expenses ......................................... 375 Federal credits .................................................................. 354 Psilocybin business expenses ......................................... 385 Federal investment tax credit on certain assets ........... 355 REITs and RICs ................................................................. 360 Film production labor rebate .......................................... 336 Sale of manufactured dwelling park ............................. 338 Foreign derived intangible income (FDII) ................... 382 State of Oregon interest income included on line 2 .... 364 Gain or loss on sale of depreciable property ................ 356 Taxes paid to a foreign country ...................................... 378 Global intangible low-taxed income (GILTI) ............... 381 Uncategorized subtraction (must attach IC-DISC commission payments explanation) ................................................................... 399 (DISC formed before 01/02/2014) ............................. 366 Work opportunity credit wages not deducted on Income of nonunitary corporations ............................... 371 the federal return ......................................................... 372 Income of unitary insurance affiliates .......................... 376 Standard credits Description Code Oregon Cultural Trust contribution (ORS 315.675) ..... 807 Reservation enterprise zone (ORS 315.506) .................. 810 Uncategorized credit (must include explanation) ....... 899 150-102-021-1 (Rev. 10-17-23) 17 2023 Form OR-20-INC Instructions |
Carryforward credits Description Code Description Code Bovine manure (carryforward only)(ORS 315.176) ..... 869 Opportunity Grant Fund (auction) Business energy (carryforward only) (ORS 315.354) ... 839 (carryforward only) (ORS 315.643) .............................871 Child Care Fund contributions (carryforward only) Oregon affordable housing lender’s credit (ORS 315.213) .................................................................841 (ORS 317.097) ................................................................ 854 Crop donation (ORS 315.156) ......................................... 843 Oregon Low-Income Community Jobs Initiative Electronic commerce zone investment (carryforward (carryforward only) (ORS 315.533) ................................ 855 only) (ORS 315.507) ...................................................... 845 Oregon production investment fund (auction) Employer-provided dependent care assistance (ORS 315.514) ................................................................ 856 (carryforward only) (ORS 315.204) ............................ 846 Renewable energy resource equipment Employer scholarship (ORS 315.237) ............................ 847 manufacturing facility (carryforward only) Energy conservation projects (carryforward only) (ORS 315.341) ................................................................ 860 (ORS 315.331) ................................................................ 849 Rural technology workforce development Forest Conservation Tax Credit (FCTC) (carryforward only) (ORS 315.523) ............................ 868 (Or Laws 2022, ch 24) ................................................... 873 Short line railroad rehabilitation (ORS 315.593) .......... 872 Individual Development Account (IDA) donation Transportation projects (carryforward only) (ORS 315.271) ................................................................ 852 (ORS 315.336) ................................................................ 863 Lender’s credit: energy conservation (carryforward Uncategorized carryforward credit (must include only) (ORS 317.112) ...................................................... 848 explanation) ................................................................... 999 Long-term enterprise zone facilities (carryforward University venture fund (ORS 315.640) ........................ 864 only) (ORS 317.124) ...................................................... 853 Weatherization lender’s credit (carryforward only) (ORS 317.111) ................................................................. 866 Refundable credits Description Code Agricultural Employer Overtime Tax Credit (Or Laws 2022, ch 115, § 8) ............................................................ 901 Claim of right (ORS 315.068) .......................................... 890 150-102-021-1 (Rev. 10-17-23) 18 2023 Form OR-20-INC Instructions |
Appendix B Oregon Corporation Form OR-20-INC 2023 Tax rates Calculated tax (ORS 318.020, 317.061) If Oregon taxable income is: • $1 million or less, multiply Oregon taxable income by 6.6 percent (not below zero). • More than $1 million, multiply the amount that’s more than $1 million by 7.6 percent, and add $66,000. Note: Income tax filers pay only calculated tax. They aren’t subject to minimum tax. 150-102-021-1 (Rev. 10-17-23) 19 2023 Form OR-20-INC Instructions |
Appendix C Oregon Corporation Form OR-20-INC Alternative apportionment Please read carefully. This information is not the same for all tax programs. Oregon law allows taxpayers to request an alterna- Note: Taxpayers filing amended returns for 2015 or prior tive method of apportionment using the instructions must use the form year corresponding to the tax year below. Uniform Division of Income for Tax Purposes Act even though there’s no alternative apportionment check- (UDITPA) taxpayers filing under ORS 314.605 to ORS box on the return. Clearly identify that you’re requesting 314.675, as well as insurers, and taxpayers filing under alternative apportionment by writing the words “Alter- ORS 314.280, must use this procedure to apply for alter- native apportionment request” at the top and adhere native apportionment. to all other requirements. Determinations to amended returns may take longer to process. Administration Method 2 —Alternative apportionment petition We will review the alternative apportionment request submitted separately from your original or amended and issue a decision letter. return If your alternative apportionment petition is denied, you • Your written petition must have the title “Alternative may appeal the denial of your petition to Oregon Tax apportionment request.” Court as provided in ORS 305.275. • We will not rule on your alternative apportionment request until you file your original or amended return If your alternative apportionment petition is approved, using standard apportionment provisions. you may amend your returns within the normal statute • Your original or amended return, for which the writ- of limitations. The approval of your petition will remain ten petition requests alternative apportionment, must in effect unless and until we revoke it during audit or use standard apportionment provisions. you file a new petition and receive our approval of the • Mail your petition to: Oregon Department of Reve- new proposal. nue, Corporation Section, 955 Center St NE, Salem OR Allow at least 6 months for us to make a determination. 97301-2555. Also, note that all petitions for alternative apportion- ment may result in additional review and documenta- Both methods of petition tion requests. • The petition must be signed by the taxpayer or the tax- payer’s representative. Instructions • You must use standard apportionment provisions to complete your original or amended return while the • Your written petition for alternative apportionment department rules, in writing, on your request for alter- can be submitted with your original or amended native apportionment. return (Method 1) or separate from your original or • In the case of a UDITPA taxpayer, the petition must amended return (Method 2). fully explain the extent of the taxpayer’s business • For administrative purposes, we prefer Method 2. activity in Oregon and why standard apportionment doesn’t fairly and equitably represent the taxpayer’s Method 1 —Alternative apportionment petition business activity in Oregon. An ORS 314.280 taxpayer submitted with your original or amended return must fully explain why standard apportionment • Check the alternative apportionment checkbox on doesn’t fairly and equitably represent the amount of the front of the return and include a written peti- net income the taxpayer earns inside and outside Ore- tion for alternative apportionment with your original gon. An insurer must explain why standard appor- or amended return. Failure to do so could result in tionment doesn’t fairly and equitably represent the your request being overlooked. This box is to denote insurer’s business activity within Oregon. requests only and isn’t to be used after a request is • Your petition must fully explain your proposed approved. method of alternative apportionment and explain why • You must include a written petition for alternative this proposed method is more accurate in reflecting apportionment with your original or amended return business activity or net income, as appropriate, in Ore- if you check the alternative apportionment checkbox. gon than the standard formula. • Do not complete the original or amended return using • The petition must show how the Oregon return (Form an alternative method of apportionment unless/until OR-20, OR-20-INC, OR-20-INS, or OR-20-S) would be that alternative method of apportionment has been completed, including the net tax calculation, using the approved. proposed method of alternative apportionment. • Include your petition with your return. 150-102-021-1 (Rev. 10-17-23) 20 2023 Form OR-20-INC Instructions |