Form OR-20-INS Instructions 2023 Oregon Insurance Excise Tax Contents Purpose of Form OR-20-INS .............................2 Mailing addresses ....................................................6 Important reminders ............................................ 2 Form instructions What’s new and Looking ahead ............... 2, 3 Heading and checkboxes ....................................................6 Questions ...............................................................................7 Estimated tax payments ..................................... 3 Line instructions Filing information Income ...................................................................................8 Who must file with Oregon? ..............................................4 Additions ...............................................................................8 What form do I use? .............................................................4 Subtractions ..........................................................................9 Filing requirements ............................................................. 4 Tax, credits, and offsets ..................................................... 10 Annual statement ............................................................ 4 Net excise tax ...................................................................... 11 Tax year .............................................................................4 Payments, penalty, interest, and UND ............................ 11 Foreign and domestic domiciles (consolidated Schedule ES—Estimated tax payments, other and separate returns) .................................................. 4 prepayments, and refundable credits......................... 11 Exempt—Surplus lines insurance companies and Total due or refund ............................................................ 12 fraternal benefits companies .........................................5 Medicare & Medicaid .......................................................... 5 Do you have questions? .................................... 13 E-file .......................................................................................5 Federal and insurance division audit changes ................5 Appendices Amended returns ................................................................. 5 Appendix A, 2023 Schedule OR-ASC-CORP code list ... 14 Protective claims ..................................................................6 Appendix B, 2023 Tax rates and minimum tax table .... 16 Appendix C, Alternative apportionment ....................... 17 Filing checklist Due date of return, Extensions, Payments... .....................6 Assembling your return ...................................................... 6 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. 150-102-129-1 (Rev. 10-17-23) 1 2023 Form OR-20-INS Instructions |
2020. Visit our website at www.oregon.gov/dor for addi- Purpose of Form OR-20-INS tional information. Use Form OR-20-INS, Oregon Insurance Excise Tax Return, to calculate and report the Oregon corporate Credits excise tax liability of an insurer doing business in Oregon. Agricultural Employer Overtime Tax Credit HB 4002 (2022) creates a refundable tax credit for over- Important reminders time paid to agricultural workers. The measure requires agricultural employers to pay certain workers for over- If your registered corporation or insurance company time hours worked and creates a refundable personal isn’t doing business in Oregon and has no Oregon- income or corporate tax credit for employers for a per- source income, then you don’t need to file a corporation centage of wages paid as overtime pay to agricultural tax return. workers for tax years beginning on or after January 1, Revenue Online. Revenue Online provides convenient, 2023, and before January 1, 2029. Taxpayers must apply secure access to tools for managing your Oregon tax for the tax credit through the department. Note that this account. With Revenue Online, you may: credit can offset corporation minimum tax determined under 317.090. Visit our website at www.oregon.gov/dor • View your tax account. for additional information. • Make payments. • View correspondence we sent you. Forest Conservation Tax Credit (FCTC) • Check the status of your refund. SB 1502 (2022) creates a non-refundable Forest Conserva- For more information and instructions on setting up your tion Tax Credit (FCTC) for the stumpage value of timber Revenue Online account, visit www.oregon.gov/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 on or after January 1, 2009 and before January 1, 2011 • Cultural Trust contribution (ORS 315.675) ........code 807 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: Net Operating Loss (NOL) carryback • Employer scholarship (ORS 315.237) ..................code 847 • Individual Development Account (IDA) SB 1524 (2022) allows taxpayers who use NAIC codes 111 or donation (ORS 315.271) .........................................code 852 112 (referring to taxpayers engaged in crop produc¬tion, • Reservation enterprise zone (ORS 315.506) .......code 810 animal production or aquaculture) to claim a three-year • Short line railroad rehabilitation NOL carryback. The three-year NOL carryback applies (ORS 315.593) ........................................................code 872 in tax years beginning on or after January 1, 2023, and • University venture fund (ORS 315.640) .............code 864 before January 1, 2029, and any tax year to which the NOL may be carried back. For example, a taxpayer with The following credits are extended to tax years begin- a loss in tax year 2023 may carry their loss to tax year ning before January 1, 2032: 150-102-129-1 (Rev. 10-17-23) 2 2023 Form OR-20-INS Instructions |
• Agricultural workforce housing the publicly supported housing for at least five years and (ORS 315.164) ..........................................................code 835 5.0 percent of the lesser of the sales price or appraisal • Oregon affordable housing lender’s credit value if the owner held the publicly supported housing (ORS 317.097) ..........................................................code 854 for at least ten years. Sunset credits no longer available, including The new tax credit applies to tax years beginning on or carryforward after January 1, 2024, and before January 1, 2030. It will be certified by Oregon Housing and Community Services. The following credits are no longer available, including carryforward, for tax years beginning before January 1, Short-line railroad rehabilitation (ORS 315.593) 2023. Any remaining credit amount not used is lost. HB 3406 (2023) amended ORS 315.593 to eliminate the • Alternative qualified research activities distinction between Tier 1 and Tier 2 railroads for pur- (ORS 317.154) ...........................................................code 837 poses of the short-line railroad tax credit. All taxpayers • Qualified research activities (ORS 317.152) ......code 858 may claim 50 percent of the costs incurred to rehabili- • Repatriation credit (due to IRC §965) .................code 870 tate the short-line railroad. A credit is not allowed for an amount equal to the greater of costs used to claim the IRC 45G credit or the credit limitation in IRC 45G(b)(1). Looking ahead Rehabilitation costs that are funded by a federal or state grant cannot be used to claim the credit. Credits The credit is certified by Oregon department of Trans- Oregon Affordable Housing Lender’s Credit portation (ODOT). The changes described here apply (ORS 317.097) to tax years beginning on or after January 1, 2024, and Two separate bills amended this credit: before January 1, 2026. • HB 2071 (2023) amended ORS 317.097 to allow finan- ciers of limited equity cooperatives to claim the ORS Estimated tax payments 317.097 tax credit if the tax credit savings are passed on to the tenants of the limited equity cooperative. This Requirements change applies to tax years beginning on or after Janu- Oregon estimated tax payment requirements aren’t the ary 1, 2024. same as federal estimated tax payment requirements. • SB 892 (2023) amended ORS 317.097 to apply to proj- You must make estimated tax payments if you expect to ects involving households earning 80 percent or less of owe tax of $500 or more. This includes Oregon’s mini- the area median income. Prior to the amendment, ORS mum tax. See ORS 314.505 to 314.525 and supporting 317.097 applies to projects involving households earn- administrative rules. ing less than 80 percent of the area median income. If you don’t make estimated payments as required, you Qualified semiconductor company research credit 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- Estimated tax payments are due quarterly, as follows: ing research and development expenses as determined 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- • If the due date falls on a Saturday, Sunday, or legal ees. The exact refund percentage depends on how many holiday, use the next regular business day. employees the taxpayer has. Payment options The new tax credit applies to tax years beginning on or after January 1, 2024, and before January 1, 2030. The tax Important: For details about making payments with credit will be certified by Oregon Business Development your return, see “Filing checklist” below. Department (OBDD). Estimated payments may be made by electronic funds Sale of publicly supported housing credit transfer (EFT), online, or by mail. HB 2071 (2023) creates a tax credit for the sale of publicly EFT. You must make your Oregon estimated payments supported housing. The tax credit equals 2.5 percent of by EFT if you’re required to make your federal estimated the lesser of the sales price or appraisal if the owner held payments by EFT. We may grant a waiver from EFT 150-102-129-1 (Rev. 10-17-23) 3 2023 Form OR-20-INS Instructions |
payments if you’d be disadvantaged by the requirement Corporation A should make four payments of $1,500 each (ORS 314.518 and administrative supporting rules). during the year. Because of its increased net tax, Corpo- ration A will be subject to UND charges for the first and If you don’t meet the federal requirements for manda- second quarters. To avoid UND charges for the third and tory EFT payments, you may still make voluntary EFT fourth quarters, Corporation A must make timely pay- payments. ments of $3,500* for the third quarter and $1,500 for the You can make EFT payments through Revenue Online or fourth quarter. through your financial institution. To learn more about *$1,000 for the first-quarter underpayment, plus $1,000 Revenue Online or to make an EFT payment, visit www. for the second-quarter underpayment, plus $1,500 for the oregon.gov/dor. If you pay by EFT, don’t send Form required third-quarter installment equals $3,500. OR-20-V, Oregon Corporation Tax Payment Voucher. Mail. If paying by mail, send each payment with a Filing information Form OR-20-V, payment voucher, to: Oregon Department of Revenue, PO Box 14950, Salem OR 97309-0950. Who must file with Oregon? Include on your check: Foreign and domestic insurance companies, including • Federal employer identification number (FEIN). home warranty companies (but not title insurers), that are doing business in Oregon, or with income from an • Tax year beginning and ending dates. Oregon source, are required to file Form OR-20-INS • Contact phone. [ORS 317.010(11), 317.122, and 317.650–317.665]. Estimated tax payments’ worksheet Note: Oregon follows the federal entity classifica- tion regulations. If an entity is classified or taxed as a (Keep for your records—don’t file with your payment.) corpora tion for federal income tax purposes, it will be treated as a corporation for Oregon tax purposes. 1. Oregon net income expected in 1. upcoming tax year. What form do I use? 2. Tax on Oregon net income (see 2. Appendix B). Foreign and domestic insurance companies, includ- ing home warranty companies, are required to file 3. Subtract tax credits allowable 3. Form OR-20-INS, Oregon Insurance Excise Tax Return, in upcoming tax year. Tax 150-102-129. Title insurers aren’t required to file a credits can’t be used to reduce Form OR-20-INS. They file Form OR-20. minimum tax. Insurance companies must file a Form OR-20-INS if 4. Net tax (line 2 minus line 3). 4. they’re doing business in Oregon. Insurance companies If the amount on line 4 is less with agents in this state whose only activity is solicita- than $500, stop. You don’t have tion are also subject to the excise tax. Companies having to make estimated tax payments. income from an Oregon source, such as premiums from Caution: If your final tax existing policy holders, are doing business in Oregon liability when you file your and must file Form OR-20-INS. Form OR-20-INS filers return is $500 or more, you may are subject to the minimum tax. be subject to UND. Companies registered with the Insurance Division to do 5. Amount of each payment. 5. business in Oregon, but who don’t actually do business (Divide line 4 by the number of in the state during the tax year, and don’t have Oregon payments you need to make. source income, aren’t required to file Oregon Form OR- This is usually 4.) 20-INS and aren’t subject to the excise or minimum tax. If your expected net tax changes during the year, refig- ure your estimated tax payments using the Estimated tax Filing requirements payments’ worksheet. Annual statement. Form OR-20-INS isn’t based on the To avoid additional charges for UND, you must pay the federal return. This form begins with “Net income from amount of any prior underpayment plus the amount of the annual statement to the insurance commissioner.” the current required payment. Tax year. All insurance companies required to file an Example: During the year, Corporation A’s expected net Oregon Insurance Excise Tax Return must file on a calendar- tax increased from $2,000 to $6,000. Corporation A made year basis and are subject to the minimum tax. timely first and second quarter estimated payments of Foreign and domestic domiciles (consolidated and sep- $500 before its expected net tax increased. arate returns). Foreign insurers and domestic insurers 150-102-129-1 (Rev. 10-17-23) 4 2023 Form OR-20-INS Instructions |
controlled by foreign insurers are required to file insur- audit report. Mail this separately from your current ance excise tax returns on a separate basis. Unitary year’s return. domestic insurance companies (incorporated in Ore- If you don’t amend or send a copy of the federal or Insur- gon) not controlled by foreign insurers incorporated ance Division audit report, we have two years from the outside of Oregon must file consolidated returns if they date we’re notified of the change by the IRS to issue a were included in consolidated federal returns. An inter- deficiency notice. To receive a refund, you must file a insurance and reciprocal exchange and its attorney-in- claim for refund of tax within two years of the date of fact may file consolidated returns. the federal report. Exempt Amended returns Surplus lines insurance companies and fraternal benefit Oregon doesn’t have an amended return form for corpo- societies aren’t subject to the excise tax if exempt under rations. Use the form for the tax year you’re amending IRC §501(c)(8). Always use your current and check the amended box. address. If your address has changed, don’t use your old Medicare & Medicaid address or our system will revert your current address Income received from Centers for Medicare and Medic- to the old address. aid Services (CMS) Enrollees and Medicare Advantage Fill in all amounts on your amended return, even if (MA) enrollees: 42 USC § 1395w-24(g) preempts imposi- they’re the same as originally filed. If you’re amend- tion of Oregon minimum tax on income received from ing to change additions, subtractions, or credits, include CMS enrollees and MA enrollees. If you are paying min- detail of all items and amounts, including carryovers. imum tax, exclude this income from your sales factor. If you change taxable income by filing an original or See Health Net Life Ins. Co. v. Dept. of Rev., TC 5371, Or. amended federal or other state return, you must file an Tax Ct., Reg. Div., May 3, 2021. amended Oregon return within 90 days of when the original or amended federal or other state return is filed E-file (ORS 314.380). Include a copy of your original or amended If you’re required to e-file with the IRS, you’re also federal or other state return with your amended Oregon required to e-file for Oregon (ORS 314.364). We accept return and explain the adjustments made. calendar year, fiscal year, short year, and amended elec- You may make payments online for your amended tronic corporation tax returns utilizing the IRS Modern- return at www.oregon.gov/dor. ized e-file platform (MeF). Beginning January 2024, we’ll accept e-filed returns for tax year 2023, and will continue Don’t make payments for amended returns with EFT. accepting returns for 2022 and 2021. This also applies to e-filed amended returns. For paper returns, you may pay online or include a check or money Your tax return software also allows you to make elec- order with your return. For e-filed returns, you may pay tronic payments when e-filing your original return. online or send a check or money order separately. If you Note: Your paper return may be rejected if you’re mail your payment separate from your return, write required to electronically file your Oregon corporation “Amended” on the payment and include a completed tax return, unless a waiver request has been approved by Form OR-20-V with the amended box checked. us prior to the filing of the paper return. Don’t amend your Oregon return if you amend the fed- If you’d like to request a waiver, send an email with eral return to carry a net operating loss back to prior the FEIN, tax year, and reason you’re unable to e-file to years. Oregon allows corporations to carry net operat- bus.electronicfiling@ dor.oregon.gov, prior to paper-fil- ing losses forward only. ing your return. On the estimated tax payments line on your amended For a list of software vendors or for more information, Form OR-20-INS, enter the net excise tax per the original search “e-filing” at www.oregon.gov/dor. return or as previously adjusted. Don’t include any pen- alty or interest portions of payments already made. Federal and Insurance Division audit changes If paying additional tax with your amended return, you must include interest with your payment. Interest is fig- You must notify us if the IRS changes your federal return ured from the day after the due date of your original or if the Insurance Division changes your Fire Marshal return up to the day we receive your full payment. See tax or retaliatory tax for any tax year and the change “Interest rates.” affects your computation of Oregon excise tax. If so, you must file a Form OR-20-INS, checking the amended box, Pay all tax and interest due when you file your amended and include a copy of the federal or Insurance Division return or within 30 days after receiving a billing notice 150-102-129-1 (Rev. 10-17-23) 5 2023 Form OR-20-INS Instructions |
from us to avoid being charged a 5 percent late payment 2. Schedule OR-AP, Apportionment of Income for Cor- penalty. porations and Partnerships; 3. Schedule OR-AF, Schedule of Affiliates; Protective claims 4. Schedule OR-PI, Schedule of Partnership Information; 5. Schedule OR-ASC-CORP, Oregon Adjustments; Don’t file an amended return as a protective claim. 6. Form OR-37, Underpayment of Oregon Corporation Use Oregon Form OR-PCR, Protective Claim for Refund, Estimated Tax; 150-101-184, when your claim to a refund is contingent 7. Other Oregon statements; on a pending court decision or legislative action. Notify 8. Oregon credit forms including notice of credit us within 90 days of the final determination by filing an amended return. Don’t file an amended return before transfers; the pending action is final. 9. Annual Statement, as indicated below; 10. Form 7004, Federal extension. Filing checklist Life insurance companies should include the following pages from the Annual Statement: Rounding to whole dollars. Enter amounts on the — Page 4—Summary of operations; return and accompanying schedules as whole dollars — Page 11, Exhibit 3—General expenses; only. Example: $4,681.55 becomes $4,682; and $8,775.22 — Page E-01—Schedule A, part 1; becomes $8,775. — Page E-03—Schedule A, part 3; • Due date of your return. Returns are due by the 15th — Page 8—Exhibit of net investments; and day of the month following the due date of your fed- — Page 49, Schedule T—Premiums and annuity eral corporation return. When the 15th falls on a Sat- considerations. urday, Sunday, or legal holiday, the due date is the next Property and casualty insurance companies should business day. include the following pages from the Annual Statement: • Extensions. See the instructions below for the exten- — Page Supp 6—Part II Allocation to lines of busi- sion checkbox. Include your extension as the final page ness net of reinsurance; of your return when you file. — Page 4—Statement of income; • Payments. — Page 11—Underwriting and investment exhibit; — Page E-01 and E-03—Schedule A, part 1; ° Payments received after the original due date will be — Page 12—Exhibit of net investment income; and applied first to penalty, then to interest, and then to — Page 94, Schedule T—P&C schedule of premiums tax [ORS 305.265(13)]. written. ° Estimated payments and prepayments. Identify all estimated payments claimed by completing Sched- ule ES on page 5 of your return. List all payments Mailing Addresses that were submitted prior to filing your return. Include the corporation name and FEIN if a payment Tax-due returns, with or without payment, mail to: was made by an affiliate of the filing corporation. Oregon Department of Revenue ° Online payments. You may pay online for any PO Box 14790 return at www.oregon.gov/dor. Search “payments.” Salem OR 97309-0470 ° Making electronic payments with your e-filed orig- (Do NOT include a payment voucher.) inal return. We accept electronic payments when you Refunds or no tax-due returns, mail to: e-file your original return. Oregon Department of Revenue ° Making check or money order payments with your PO Box 14777 paper return. Make your check or money order pay- Salem OR 97309-0960 able to Oregon Department of Revenue. Write the following on your check or money order: Check or money order payments only, mail to: — Filer FEIN. Oregon Department of Revenue — Tax year beginning and ending dates. PO Box 14950 — Contact phone. Salem OR 97309-0950 ° To speed up processing of your return: (Include Form OR-20-V payment voucher.) — Don’t use Form 20-V payment voucher. — Don’t staple payment to the return. Form instructions — Don’t send cash or postdated checks. — Don’t use red or purple or any gel ink. Heading and checkboxes ° Assembling your return. Assemble your Oregon return forms in the following order: • Extension checkbox. For an Oregon extension when 1. Form OR-20-INS, Oregon Insurance Excise Tax Return; you’re also filing for a federal extension: Send a copy 150-102-129-1 (Rev. 10-17-23) 6 2023 Form OR-20-INS Instructions |
of the federal extension with the Oregon return when • DBA/ABN. If the corporation is doing business under you file. Check the extension checkbox on your Ore- a different name, for example, DBA or ABN, enter that gon return and include the federal extension after all name. other enclosures. • Current address. Always enter the corporation’s cur- For an “Oregon only” extension: Answer question 1 on rent address. If the address for the year you’re filing federal extension Form 7004, write “For Oregon Only” was different, don’t use the old address or our system at the top of the form, and include it with your Oregon will revert your current address to the old address. return when you file. Check the extension checkbox on the Oregon return. Questions The Oregon extension due date is the 15th day of the Questions A–C. Complete only if this is your first return month following the federal extension’s due date. Don’t or the answer changed during the tax year. send the extension until you file your Oregon return. More time to file doesn’t mean more time to pay your tax. Question D. Refer to the current list of North American To avoid penalty and interest, pay tax due prepayments Industry Classification System (NAICS) codes found online, or mail with Form OR-20-V, on or before the orig- with your federal tax return instructions. Only enter the inal due date of your return. Note: Filing Form OR-20-V code if this is your first return, the current code is dif- isn’t an extension of time to file your tax return. ferent than you reported last year, or your code begins If you’re making an extension payment by mail, send with “111” or “112.” the payment to: Oregon Department of Revenue, PO Foreign insurers and domestic insurers controlled by for- Box 14950, Salem OR 97309-0950. eign insurers aren’t allowed to file consolidated returns Include on your check: and should skip questions E and F. ° FEIN. Question E(1). Check this box if you filed a consolidated ° Tax year beginning and ending dates. federal return. Include a list of the corporations included ° Contact phone. in the consolidated federal return. • Form OR-37 checkbox. If you have an underpayment Question E(2). Check this box if you filed a consolidated of estimated tax, you must include a completed Form Oregon return. Complete Schedule OR-AF, Schedule of OR-37. Check the Form OR-37 box in the header of your Affiliates, and list only the corporations included in the return. consolidated Oregon return that: Use Form OR-37 to: • Are doing business in Oregon; or ° Calculate the amount of underpayment of estimated • Have income from Oregon sources. tax; ° Compute the amount of interest you owe on the Question E(3). Check this box if it applies. Include a list of underpayment; or corporations included in the consolidated federal return ° Show you meet an exception to the payment of interest. that aren’t included in this Oregon return. List each cor- poration’s name and FEIN. Note: Include a copy of your • Amended checkbox. Check the amended box if this is an amended return. federal return and schedules as filed with the IRS. • Alternative apportionment checkbox. See Appendix Question F. If the filing corporation (shown above as C for complete information. Check this box if you have legal name) is a subsidiary in an affiliated group, or a included a request with your return. subsidiary in a parent-subsidiary controlled group, enter the name and FEIN of the parent corporation. For def- Name. Generally, a consolidated Oregon return is filed inition of a subsidiary in an affiliated group or a par- in the name of the common parent corporation. If the ent-subsidiary controlled group, see federal Form 1120, parent corporation isn’t doing business in Oregon, file Schedule K. the return in the name of the member of the group hav- ing the greatest presence in Oregon. “Having the great- Question G. Enter the total number of corporations est presence” means that the member has the largest doing business in Oregon that are included in this return. Oregon property value as determined under ORS 314.655 (see Schedule OR-AP and OAR 150-317-0540). Question L. Total Oregon sales. If you’re subject to apportionment, Oregon sales is the amount of Oregon • Legal name. Enter the corporation’s current legal total insurance sales entered on Schedule OR-AP, part 1, name as set forth in the articles of incorporation or line 22(a). If you’re not subject to apportionment, com- other legal document. pute your Oregon sales as if you were subject to appor- • FEIN. Enter the FEIN of the corporation named as the tionment, using Schedule OR-AP, part 1, lines 19 through filer on the consolidated Oregon return. 21. See the instructions for the insurance sales factor. 150-102-129-1 (Rev. 10-17-23) 7 2023 Form OR-20-INS Instructions |
IRS (or you’re an owner of a tiered partner of such a Line instructions partnership), you may have to increase or decrease your Oregon income as a result of the audit. Report an Income increase in income using addition code 187 or report a Line 1. Life, accident, and health companies (from page decrease in income using subtraction code 384, which- 4, line 35 of the annual statement). ever is applicable. Use these codes even if another code is assigned for the specific type of increased or Line 2. Income, expenses, and other items attributable decreased income (ORS 314.733). Visit our website for to separate accounts. Enter amount from “Summary of more information. operations,” page 4, lines 5 and 8.1 of the annual state- ment for life insurance companies. • Decreases in certain reserves. These are changes that haven’t been included in the computation of net Line 3. Subtotal (line 1 minus line 2). income from operations. Add decreases in man datory Line 4. Fire, property, and casualty companies (from reserves that the insurer is required to maintain by page 4, line 20 of the annual statement). law or by rules or directives of the director of the Line 5. Underwriting profit derived from wet marine Department of Consumer and Business Services, other and transportation insurance. Enter amount from than decreases that (a) are deducted in arriving at the “Part II Allocation to lines of business net of reinsurance,” insurer’s net gain from operations, or (b) result from lines 8 and 9, column 41, of the P&C annual statement. net gains or losses, realized or unrealized, in the value of the insurer’s property and investments. Line 6. Subtotal (line 4 minus line 5). ° Life companies—Annual statement, “Summary of Line 7. Total (line 3 plus line 6). operations,” page 4, line 44. — Also add decreases in reserves for policies and Additions obligations outstanding before the beginning Line 8. Total additions from Schedule OR-ASC-CORP, of the taxable year resulting from changes in the Section A. The amount by which an item of income is basis and methods of computing such reserves greater under Oregon law than as reported above on that are justi fied by accounting and actuarial lines 1 through 6, or the amount by which any allow- practices applicable to or accepted by the insur- able deduction is less under Oregon law, is an addition ance industry. Such prac tices are commonly on your Oregon return. known as “reserve strengthen ing” or “reserve weakening.” Use Schedule OR-ASC-CORP, Section A, to report the ° Life companies—Annual statement, “Summary of amount and description code of each difference. Use the operations,” page 4, line 43. description code from the list in Appendix A. The total ° P&C companies—Annual statement, “Statement of of all additions is entered on Form OR-20-INS, line 8. income,” page 4, line 37. Additions include: • Deferred gain recognized from out-of-state disposi- • Charitable donations not allowed for Oregon. Dona- tion of property acquired in an IRC §1031 or §1033 tions to a charitable organization that has received a exchange. See ORS 317.327 regarding the computation disqualifying order from the Attorney General aren’t of the addition if deferred gain or loss wasn’t taken into deductible as charitable donations for Oregon tax pur- account in the computation of Oregon taxable income. poses. Such organizations are required to provide a disclosure to a donor to acknowledge this. The Attor- • Depletion (percentage in excess of cost). Add the ney General will publish online and otherwise make federal deduction for depletion that is in excess of the publicly available information identifying the chari- Oregon allowance for depletion (ORS 317.301). table organizations receiving a disqualification order. • Depreciation differences. If your Oregon depreciation If you claimed a federal deduction, an addition must isn’t the same as the amount included in net income be made on your Oregon return for donations to such from operations, the difference is a required modifica- charitable organizations (ORS 317.491). tion on your Oregon return (ORS 317.301). Use Sched- • Claim of right income repayment adjustment when ule OR-DEPR to determine the Oregon modification. credit’s claimed. Any deduction under IRC §1341 • Federal income taxes. Add the amount of federal included in net income from operations must be income taxes deducted in computing net income from added back to income if your Oregon credit’s claimed operations. If a net refund of federal tax is shown on (ORS 317.388). the annual statement (due to an excess of refund for a • CPAR addition. If you’re an owner of a partnership prior year over current year net tax), enter a negative that was subject to a partnership-level audit by the figure. 150-102-129-1 (Rev. 10-17-23) 8 2023 Form OR-20-INS Instructions |
° Life companies: Annual statement, amount included Subtractions in “Summary of Operations,” page 4, line 32, plus the Line 10. Total subtractions from Schedule OR-ASC- tax on capital gain that was netted out of the amount CORP, Section B. The amount by which an item of income from the annual statement, included in “Summary is less under Oregon law than reported above on lines 1 of Operations,” page 4, line 34. through 6, or the amount by which an allowable deduc- ° P&C companies: Use tax on ordinary income from tion is greater under Oregon law than reported above, is the annual statement, included in “Statement of a subtraction on your Oregon return. Income,” page 4, line 19. Use Schedule OR-ASC-CORP, Section B, to report the • Gain or loss on the disposition of depreciable prop- amount and description code of each difference. Use the erty. Add the difference in gain or loss on sale of busi- description code from the list in Appendix A. The total ness assets when your Oregon basis is less than your of all subtractions is entered on Form OR-20-INS, line 10. federal basis (ORS 317.356 and OAR 150-317-0420). Subtractions include: • Individual Development Account credit. Donations deducted from net income from operations must be • Amortization of past service credits. Subtract the added back to federal taxable income if the Oregon amortized portion of contribution for past service credit’s claimed [ORS 315.271(2)]. credits made to qualified plans and exempt employee trusts. The subtraction is for amounts not deducted • IRC §631(a) treatment of timber isn’t recognized by in the computation of net gain from operations in Oregon. Both beginning and ending inventories must the annual statement. There’s no explicit item in the be adjusted for IRC §631(a) gain. For Oregon purposes, annual statement. there’s no taxable event until actual sale (ORS 317.362). ° P&C and life companies—See note(s) in the NAIC • Opportunity Grant Fund (auction). Any federal deduc- annual statement about retirement plans. tion for contributions for which an Opportunity Grant • CPAR subtraction. If you’re an owner of a partner- Fund tax credit certification is made must be added to ship that was subject to a partnership-level audit by federal taxable income (ORS 315.643). the IRS (or you’re an owner of a tiered partner of such • Oregon production investment fund. Add back the a partnership), you may have to increase or decrease amount of contribution for which a tax credit certifica- your Oregon income as a result of the audit. Report an tion is made that’s included in net income from opera- increase in income using addition code 187 or report a tions as a deduction (ORS 315.514). decrease in income using subtraction code 384, which- ever is applicable. Use these codes even if another • Penalty interest on prepayment of loans. Add any code is assigned for the specific type of increased or amounts not already included in the computation of decreased income (ORS 314.733). Visit our website for net income on the annual statement. more information. • Realized gains. Add realized gains on sales or • Deferred gain recognized from out-of-state disposi- exchanges of assets, including non-admitted assets tion of property acquired in an IRC §1031 or §1033 that weren’t included in net income from operations. exchange. See ORS 317.327 regarding the computation • State income taxes (all jurisdictions). Per ORS 317.655 of the subtraction if deferred gain or loss wasn’t taken include only the amount of state income taxes (includ- into account in the computation of Oregon taxable ing Oregon minimum tax) included in the following income. amounts on the annual statement: • Depletion. Subtract the Oregon allowance for deple- ° Life companies: Annual statement, included in tion that is in excess of the federal deduction for deple- “General expenses,” page 11, exhibit 3, lines 3, 4, and tion (ORS 317.374). 6, column 5. • Depreciation differences. If your Oregon depreciation ° P&C companies: Annual statement, included in isn’t the same as the amount included in net income “Underwriting and investment exhibit,” page 11, from operations, the difference is a required modifica- lines 20.1 and 20.4. tion on your Oregon return (ORS 317.356). Use Sched- • University venture development fund contributions. ule OR-DEPR to determine the Oregon modification. Add to income the amount of contributions deducted • Film production labor rebate. Subtract the amount in net income from operations and used to calculate received as a labor rebate that’s included in net income the University Venture Fund Contribution credit taken from operations (ORS 317.394). on your Oregon return (ORS 315.640). • Gain or loss on the sale of depreciable property. The Line 9. Income after additions (line 7 plus line 8). difference in gain or loss on the sale of business assets 150-102-129-1 (Rev. 10-17-23) 9 2023 Form OR-20-INS Instructions |
when your Oregon basis is greater than your federal Line 16. Minimum tax. The minimum tax for C corpora- basis (ORS 317.356). tions and insurance companies doing business in Oregon is based on Oregon sales. Use the table in Appendix B. • Increases in certain reserves. Subtract increases in reserves described in the instructions for additions. • Consolidated returns: the minimum tax is based on Oregon sales of the affiliated group of corporations fil- • Marijuana business expenses. ORS 317.363 allows ing an Oregon return. One minimum tax applies to the Oregon taxpayers filing a corporate excise or income affiliated group filing the consolidated return, not to tax return to deduct business expenses otherwise each individual affiliate included in the consolidated barred by IRC §280E if the taxpayer is engaged in mar- return doing business in Oregon. ijuana-related activities authorized by ORS 475C.005 to • The minimum tax isn’t apportionable for a short tax 475C.525, or ORS 475C.700 to 475C.919. year (except a change of accounting period). • Psilocybin business expenses. ORS 317.363 allows Nonapportioned returns. Domestic insurance compa- Oregon corporation excise and income tax filers to nies doing business only within Oregon can calculate subtract certain business expenses otherwise barred Oregon sales by adding the following: by IRC §280E if the corporation is engaged in psilo- • Direct premiums; cybin-related activities authorized by ORS 475A.210 to • Annuity considerations; and 475A.722, the Oregon Psilocybin Services Act. Use sub- • Finance and service charge. traction code 385 on Schedule OR-ASC-CORP. Apportioned returns. C corporations and insurance • Realized losses. Realized losses on sales or exchanges companies doing business in more than one state that of assets, including non-admitted assets that weren’t apportion business income for Oregon tax purposes, use included in net income from operations. the Oregon sales amount from line 22(a) on Schedule Line 11. Income before net loss deduction (line 9 minus OR-AP, part 1. line 10). Line 17. Tax (greater of line 15 or line 16). Oregon tax is Line 12. Net loss deduction. the greater of total calculated tax or minimum tax. • Enter the deduction on line 12 if substitute “utilized” Line 18. Tax adjustment for installment sales interest. only by Oregon. Enter as a positive number. If you owe interest on deferred tax liabilities with respect • Enter the deduction on Schedule OR-AP, part 2, line 10a to installment obligations under ORS 314.302, enter the if substitute “utilized” both in Oregon and another state. amount of interest as a positive number. Include a sched- • Include a schedule showing your computations. ule showing how you figured the interest. • The Oregon deduction is the sum of unused net losses Line 19. Tax before credits (line 17 plus line 18). assigned to Oregon for preceding taxable years. • A net operating loss carryforward is required to be Credits and offsets reduced by the entire Oregon taxable income of inter- vening tax years [ORS 317.476(4)(b)]. For a list and description of Oregon corporation credits, • Insurers may carry net losses forward up to 15 years. including links to certifying agencies and forms, visit www.oregon.gov/dor. • Oregon doesn’t allow net losses to be carried back. • The total net loss deduction on a consolidated Oregon Note: Minimum tax can’t be “reduced, paid, or otherwise return is the sum of the net losses available to each satisfied through the use of any tax credit” (ORS 317.090). of the corporations subject to the limitations in ORS Important: 317.476 and supporting administrative rules (ORS 317.665). • All credits are claimed on Schedule OR-ASC-CORP except OLHIGA (ORS 734.835). Line 13. Apportionment percentage. Enter the appor- • List credits and codes on the OR-ASC-CORP in the tionment percentage from Schedule OR-AP, part 1, line order you want them used. 23. If you have income only in Oregon and don’t appor- • Generally, taxpayers must claim the full amount of a tion, enter 100.0000. credit allowed per year (ORS 314.078). Line 14. Oregon taxable income (line 11 minus line 12, • Credits can’t be used to offset minimum tax, unless or amount Schedule OR-AP, part 2, line 12). specified by statute. Line 20. Total standard credits from Schedule OR-ASC- Tax CORP, Section C. Enter the total as a positive number. Line 15. Calculated excise tax. Don’t enter the mini- Line 21: Tax after standard credits (line 19 minus line mum tax on this line. See Appendix B for computation. 20, not less than minimum tax). 150-102-129-1 (Rev. 10-17-23) 10 2023 Form OR-20-INS Instructions |
Line 22. Total carryforward credits from Schedule • The transferor (owner) is a resident of Oregon or—if a OR-ASC-CORP, Section C. Enter the total as a positive C corporation—has a permanent place of business in number. this state; or • The transferor meets one of the requirements in ORS Line 23. Oregon Life and Health Insurance Guaranty 314.258(3)(d) through (f). Association (OLHIGA) offset (ORS 734.835). See instructions for Oregon Form OR-18-WC, Report of Line 24. Total carryforward credits/offsets (add lines 22 Tax Payment or Written Affirmation for Oregon Real Prop- and 23). Credits against excise tax must be claimed in the following order: Standard and carryforward credits, erty Conveyance, for more information (ORS 314.258 and then the OLHIGA offset, but not below minimum tax. supporting administrative rules). Pass-through entity withholding requirement. A pass- Net excise tax through entity (partnership, S corporation, LLP, LLC, or certain trusts) with distributive income from Oregon Line 25. Net excise tax (line 21 minus line 24). This can’t sources must withhold tax from its nonresident owners. be less than minimum tax. The requirement is waived if the nonresident owner Payments, penalty, interest, and UND makes an election to join in the filing of a composite Line 26. Estimated tax payments, other prepayments, return, sends us a signed Form OR-19-AF, Oregon Affi- and refundable credits (from Schedule ES on page 5). davit for a Nonresident Owner of a Pass-through Entity, or meets another exception listed in ORS 314.775 and sup- • Fill in the total estimated tax payments made before porting administrative rules. For more information, see filing your Oregon return. instructions for Oregon Form OR-19, Annual Report of • List name and FEIN of the payer only if different from Nonresident Owner Tax Payments, 150-101-182. the corporation filing this return. Line 28. Tax due. Note: Consolidated return filers. If estimated payments Is line 25 more than line 26 plus line were made under a different name, fill in the paying 27? If so, line 25 minus lines 26 and 27. corporation’s name and FEIN on Schedule ES for correct Line 29. Overpayment. Is line 25 less than line 26 plus application of estimated payments. line 27? If so, line 26 plus line 27, minus line 25. Note: Missing or incomplete information on payments Line 30. Penalty due with this return. To avoid penalty made by an affiliate could result in a bill. and interest, you must make any tax payment owed by • Include any refunds applied from other years on line 5. the original due date of the tax return, excluding exten- • Enter payments made with your extension or other sions. You must also e-file or mail your tax return by the prepayments on line 6. original due date, or by the extended due date if you file • Fill in on line 7 the refundable credits from Schedule with a valid extension included. OR-ASC-CORP, Section E. Enter the following penalties on your return if they • Carry the total from line 8 to Form OR-20-INS, line 26. apply. Line 27. Withholding payments made on your behalf • 5 percent failure-to-pay penalty. Include a penalty from pass-through entity or real estate income. If taxes payment of 5 percent of your unpaid tax if you don’t were paid on the corporation’s behalf, enter the amount pay by the original due date, even if you have an exten- on this line. sion of time to file. There’s a requirement to withhold tax from the proceeds Exception: You won’t be charged the 5 percent fail- of sales of Oregon real property by nonresidents. This ure-to-pay penalty if you meet all of the following applies to individual nonresidents as well as C corpora- requirements: tions that aren’t doing business in Oregon. The amount to be withheld is the lesser of: ° You have a valid federal or Oregon extension, and ° You pay at least 90 percent of your tax after credits • 4 percent of the consideration (sales price); by the original due date of the return, and • 4 percent of the net proceeds (amount dispersed to the ° You file your return within the extension period, and seller); or ° You pay the balance of tax due when you file your • 8 percent of the gain that’s includible in Oregon tax- return, and able income for the year. ° You pay the interest on the balance of tax due when Withholding isn’t required if one of the following require- you file your return or within 30 days of the date of ments is met: the bill you receive from us. • The consideration for the real property doesn’t exceed If you filed with a valid extension but didn’t pay $100,000; 90 percent of your tax by the original due date, you’ll • The property is acquired through foreclosure; be charged the 5 percent failure-to-pay penalty. 150-102-129-1 (Rev. 10-17-23) 11 2023 Form OR-20-INS Instructions |
• 20 percent failure-to-file penalty. Include a penalty • Compute the interest you owe on the underpayment; payment of 20 percent of your unpaid tax if you don’t or file your return within three months after the due date • Show you meet an exception to the payment of interest. (including extensions). The failure-to-file penalty is in addition to the 5 percent failure-to-pay penalty. If you have an underpayment of estimated tax, include Form OR-37 with your tax return, check the box on page • 100 percent late pay and late filing penalty. Include 1 of Form OR-20-INS, and file them before the due date a penalty payment of 100 percent of your unpaid tax of the return. if you don’t file returns for three consecutive years by the original or extended return filing due date of the If your current year corporation tax liability, including the third year. A 100 percent penalty is assessed on each minimum tax, is less than $500, you don’t need to make year’s tax balance. estimated payments. Don’t complete this form. However, this provision doesn’t apply to a high-income taxpayer. A Line 31. Interest due with this return. You must pay “high-income taxpayer” is one that had federal taxable interest on unpaid taxes if: income before net operating loss and capital loss carry- • You don’t pay the tax balance by the original filing due overs and carrybacks of $1 million or more in any one of date, excluding extensions; the last three years, not including the current year. • You file an amended return and have tax to pay; or Line 33. Total penalty and interest (add lines 30 • Your taxable income is changed because of a federal or through 32). state audit and you owe more tax. Interest owed on tax starts the day after the due date of Total due or refund your original return, excluding extensions, and ends on Line 34. Total due (line 28 plus line 33). See “Filing the date of your payment. Interest is computed daily. checklist” for payment options. Don’t include a Form To calculate interest: OR-20-V, payment voucher, with your payment if includ- ing a payment with your return. Tax × daily interest rate × number of days. Note: Any payments received after the original due date Interest rates and effective dates: will be applied first to penalty, then to interest, and then For periods to tax [ORS 305.265(13)]. beginning Annually Daily Special instructions. If you owe a penalty or interest January 1, 2024 8% 0.0219% and have an overpayment on line 29, and your overpay- January 1, 2023 6% 0.0164% ment is less than total penalty and interest, then fill in January 1, 2022 4% 0.0110% the result of line 33 minus line 29, on line 34. Interest accrues on any unpaid tax during an extension Line 36. Amount of refund to be credited to estimated of time to file. tax. You may elect to apply part or all of your refund Interest will increase by one-third of 1 percent per month to your next year’s estimated tax payments. Fill in the (4 percent yearly) on delinquencies if: amount you want to apply. Your election is irrevocable. • You file a return showing tax due, or we assessed an Elected amounts that are attributable to estimated tax existing deficiency; and payments received prior to the following year’s first • The assessment isn’t paid within 60 days after the quarter estimated tax due date, will be applied as a notice of assessment is issued; and timely first quarter installment of the following year. • You haven’t filed a timely appeal with us. Elected amounts attributable to payments received after Line 32. Interest on underpayment of estimated tax the following year’s first quarter estimated tax due date, (UND). You must make quarterly estimated tax pay- will be applied to the following year’s estimated tax ments if you expect to owe $500 or more in tax. This account as of the date the payment is received. See ORS includes Oregon’s minimum tax. Oregon charges UND if: 314.515 and OAR 150-314-0302. • The quarterly payment is less than the amount due for Line 37. Net refund (line 35 minus line 36). that quarter; or • We receive the quarterly payment after that quarter’s Authorize your preparer. To authorize a preparer other due date; or than taxpayer to discuss this return with us, check the • No quarterly payments are made during the year and box located above the signature line for “Preparer sig- the final tax debt is $500 or more. nature other than taxpayer.” To authorize a person other than the preparer, include a signed Form 150-800-005, Use Form OR-37 to: Tax Information Authorization and Power of Attorney for • Calculate the amount of underpayment of estimated tax; Representation. 150-102-129-1 (Rev. 10-17-23) 12 2023 Form OR-20-INS Instructions |
Do you have questions or need help? www.oregon.gov/dor 503-378-4988 or 800-356-4222 questions.dor@ dor.oregon.gov Contact us for ADA accommodations or assistance in other languages. 150-102-129-1 (Rev. 10-17-23) 13 2023 Form OR-20-INS Instructions |
Appendix A Corporation Form OR-20-INS 2023 Schedule OR-ASC-CORP codes Additions Description Code Description Code 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 Opportunity Grant Fund (auction) ................................ 185 Decreases in certain reserves .......................................... 180 Oregon production investment fund ............................ 157 Deferred gain from out-of-state disposition of Penalty interest on prepayment of loans ...................... 182 property ......................................................................... 118 Realized gains not in net income from operations ...... 172 Depletion (percentage in excess of cost) ....................... 166 State income taxes deducted from the annual Depreciation differences.................................................. 174 statement ........................................................................ 179 Federal income taxes deducted from the annual Uncategorized addition (must include explanation) ... 199 statement ....................................................................... 181 University venture development fund Gain or loss on disposition of depreciable property ... 158 contributions ................................................................. 171 Individual Development Account credit ...................... 113 Subtractions Description Code Description Code Amortization of past service credits .............................. 374 Gain or loss on sale of depreciable property ................ 356 CPAR subtraction ............................................................. 384 Increases in certain reserves ........................................... 373 Deferred gain from out-of-state disposition of Marijuana business expenses ......................................... 375 property ......................................................................... 352 Psilocybin business expenses ......................................... 385 Depletion (Oregon in excess of federal allowance) ..... 362 Realized losses not in net income from operations ..... 363 Depreciation differences.................................................. 353 Uncategorized subtraction (must include Film production labor rebate .......................................... 336 explanation) ................................................................... 399 Standard credits Description Code Oregon Cultural Trust contribution (ORS 315.675) ..... 807 Reservation enterprise zone (ORS 315.506) .................. 810 Uncategorized credit (must include explanation) ....... 899 150-102-129-1 (Rev. 10-17-23) 14 2023 Form OR-20-INS Instructions |
Carryforward credits Description Code Description Code Agricultural workforce housing (ORS 315.164) ........... 835 Opportunity Grant Fund (auction) Bovine manure (carryforward only) (ORS 315.176) .... 869 (carryforward only) (ORS 315.643) .............................871 Business energy (carryforward only) (ORS 315.354) ... 839 Oregon affordable housing lender’s credit Child Care Fund contributions (carryforward only) (ORS 317.097) ................................................................ 854 (ORS 315.213) .................................................................841 Oregon Low-Income Community Jobs Initiative Crop donation (ORS 315.156) ......................................... 843 (carryforward only) (ORS 315.533) ............................ 855 Electronic commerce zone investment (ORS 315.507) Oregon production investment fund (auction) (carryforward only) ...................................................... 845 (ORS 315.514) ................................................................ 856 Employer-provided dependent care assistance Renewable energy resource equipment (carryforward only) (ORS 315.204) ............................ 846 manufacturing facility (carryforward only) Employer scholarship (ORS 315.237) ............................ 847 (ORS 315.341) ................................................................ 860 Energy conservation projects (carryforward only) Rural technology workforce development (ORS 315.331) ................................................................ 849 (carryforward only) (ORS 315.523) ............................ 868 Fish screening devices (ORS 315.138)............................ 850 Short line railroad rehabilitation (ORS 315.593) .......... 872 Forest Conservation Tax Credit (FCTC) Transportation projects (carryforward only) (Or Laws 2022, ch 24) ................................................... 873 (ORS 315.336) ................................................................ 863 Individual Development Account (IDA) donation Uncategorized carryforward credit (must include (ORS 315.271) ................................................................ 852 explanation) ................................................................... 999 Lender’s credit: energy conservation (carryforward University venture fund (ORS 315.640) ........................ 864 only) (ORS 317.112) ...................................................... 848 Weatherization lender’s credit (carryforward only) Long-term enterprise zone facilities (carryforward (ORS 317.111) ................................................................. 866 only) (ORS 317.124) ...................................................... 853 Refundable credits Description Code Agricultural Employer Overtime Tax Credit (Or Laws 2022, ch 115, § 8) ............................................................ 901 Claim of right (ORS 315.068) .......................................... 890 Items with a specific line on the form don’t have a code. See Form OR-20-INS. 150-102-129-1 (Rev. 10-17-23) 15 2023 Form OR-20-INS Instructions |
Appendix B Oregon Corporation Form OR-20-INS 2023 Tax rates and minimum tax table Note: Corporation excise tax filers pay the greater of calculated tax or minimum tax. Calculated tax (ORS 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. Minimum tax (ORS 317.090) Minimum tax table —C corporations only Oregon sales of filing group Minimum tax under $500,000 $150 $500,000 to $999,999 500 $1,000,000 to $1,999,999 1,000 $2,000,000 to $2,999,999 1,500 $3,000,000 to $4,999,999 2,000 $5,000,000 to $6,999,999 4,000 $7,000,000 to $9,999,999 7,500 $10,000,000 to $24,999,999 15,000 $25,000,000 to $49,999,999 30,000 $50,000,000 to $74,999,999 50,000 $75,000,000 to $99,999,999 75,000 $100,000,000 and above 100,000 150-102-129-1 (Rev. 10-17-23) 16 2023 Form OR-20-INS Instructions |
Appendix C Oregon Corporation Form OR-20-INS 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 • Your written petition for alternative apportionment complete your original or amended return while the can be submitted with your original or amended department rules, in writing, on your request for alter- return (Method 1) or separate from your original or native apportionment. amended return (Method 2). • In the case of a UDITPA taxpayer, the petition must • For administrative purposes, we prefer Method 2. fully explain the extent of the taxpayer’s business activity in Oregon and why standard apportionment Method 1 —Alternative apportionment petition doesn’t fairly and equitably represent the taxpayer’s submitted with your original or amended return business activity in Oregon. An ORS 314.280 taxpayer 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. 150-102-129-1 (Rev. 10-17-23) 17 2023 Form OR-20-INS Instructions |