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Form OR-41 Instructions 2023
Fiduciary Income Tax

This publication is a guide, not a complete statement, of Oregon Revised Statutes (ORS) and
Oregon Administrative Rules (OAR). For more information, refer to the laws and rules at www.oregon.gov/dor.

of Forestry (ODF) and applies to tax years beginning on or
Purpose of this form after January 1, 2023.
The fiduciary of a decedent’s estate, trust, or bankruptcy Additionally, House Bill 2161 (2023) amends the FCTC from
estate uses Form OR-41 to report to the state of Oregon: Senate Bill 1502 (2022) to modify the computation of the
credit under certain conditions. See HB 2161 for additional
• The income, deductions, gains, losses, etc. of the estate or information.
trust;
• The income that is either accumulated or held for future
Opportunity Grant Fund (auction) tax credit
distribution or distributed currently to the beneficiaries;
and sunset (ORS 315.643)
• Any income tax liability of the estate or trust. The Opportunity Grant Fund (auction) tax credit sunset on
January 1, 2023. The tax credit may be claimed in tax years
beginning on or after January 1, 2023, if the credit is pur-
New information
chased at auction on or after January 1, 2023, and before
Visit www.oregon.gov/dor for possible updates to these March 1, 2023.
instructions.
Extended credits
Federal tax subtraction The following credit is extended to tax years beginning
ORS 316.695 limits the amount of federal tax subtraction before January 1, 2028:
allowed based on the federal taxable income of the trust. • Oregon Cultural Trust contribution (ORS 315.675), code 807.
The allowable subtraction is between $0 and $7,800. See • Political contributions (ORS 316.102), code 809.
instructions for Schedule 2, line 8 for more information.
The following credits are extended to tax years beginning
Kicker refund before January 1, 2030:
Oregon’s surplus credit (known as the “kicker”) is claimed • Achieving a Better Life Experience (ABLE) account con-
as a refundable credit on your 2023 tax return. The credit is tributions (ORS 315.650), code 897.
44.28 percent of your 2022 tax liability from Form OR-41, line • Employer scholarship (ORS 315.237), code 847.
• Individual Development Account (IDA) donation (ORS
10. You must file a 2023 return to claim your kicker credit,
315.271), code 852.
even if you don’t have an obligation to file. You may elect to
• Reservation enterprise zone (ORS 315.506), code 810.
donate your surplus credit to the Oregon State School Fund.
• Short line railroad rehabilitation (ORS 315.593), code 872.
See the instructions below for line 18 for more information.
• University venture fund (ORS 315.640), code 864.

Agricultural Employer Overtime Tax Credit
House Bill 4002 (2022) creates a refundable tax credit for Contents
overtime paid to agricultural workers. The measure requires New information .............................................................1
agricultural employers to pay certain workers for overtime Reminders ........................................................................2
hours worked and creates a refundable personal income or Filing requirements .........................................................3
corporate tax credit for employers for a percentage of wages Residency definitions .....................................................3
paid as overtime pay to agricultural workers for tax years Extension of time for filing ............................................4
beginning on or after January 1, 2023, and before January Form OR-41 instructions ...............................................5
1, 2029. Taxpayers must apply for the tax credit through the 2023 Oregon Kicker (state surplus) .............................7
department. Visit our website at www.oregon.gov/dor for Schedule 1—Oregon changes .....................................8
additional information. Schedule 2—Fiduciary adjustment .............................8
Part-year resident and nonresident fiduciaries ...........9
Forest Conservation Tax Credit (FCTC) Oregon-source income .................................................10
How to assemble the return ........................................10
Senate Bill 1502 (2022) creates a non-refundable Forest Con- Mailing addresses and payment instructions ..........10
servation Tax Credit (FCTC) for the stumpage value of tim- Taxpayer assistance .......................................................11
ber left standing on the land of a small forestland owner. Appendix A ....................................................................12
The amount of the tax credit is certified by the Department
150-101-041-1 (Rev. 10-05-23) 1 2023 Form OR-41 Instructions

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The following credits are extended to tax years beginning • IRC Section 529 tax exemption for earnings on col lege
before January 1, 2032: savings plan funds used for K–12 tuition. Ore gon College
& MFS 529 Savings Plans may be used for higher educa-
• Agricultural workforce housing (ORS 315.164), code 835.
tion expenses only. If previously subtracted contributions
• Oregon affordable housing lender’s credit (ORS 317.097), are withdrawn and used for K–12 tuition, you’ll have an
code 854. addition on your Oregon return. Use addition code 117 on
Schedule OR-ASC-FID.
Looking ahead • IRC Section 199A deduction for noncorporate qual ified
business income (QBID). Oregon is discon nected from
the QBID. If you have this type of deduction on your
Sale of publicly supported housing credit federal return, you’ll have an addition on your Oregon
House Bill 2071 (2023) creates a tax credit for the sale of pub- return. Use addition code 185 on Schedule OR-ASC-FID.
licly supported housing. The tax credit equals 2.5 percent
of the lesser of the sales price or appraisal if the owner held Do you need a new FEIN (federal employer
the publicly supported housing for at least five years and identification number)?
5.0 percent of the lesser of the sales price or appraisal value Estates
if the owner held the publicly supported housing for at least
You are required to obtain a new FEIN if any of the follow-
ten years.
ing statements are true:
The new tax credit applies to tax years beginning on or
• A trust is created with funds from the estate (not simply a
after January 1, 2024, and before January 1, 2030. It will be
continuation of the estate).
certified by Oregon Housing and Community Services.
• You represent an estate that operates a business after the
owner’s death.
Short-line railroad rehabilitation (ORS 315.593)
You aren’t required to obtain a new FEIN if the following
House Bill 3406 (2023) amended ORS 315.593 to eliminate statement is true:
the distinction between Tier 1 and Tier 2 railroads for
• The administrator, personal representative, or executor
purposes of the short-line railroad tax credit. All taxpay-
changes.
ers may claim 50 percent of the costs incurred to rehabili-
tate the short-line railroad. A credit is not allowed for an Trusts
amount equal to the greater of costs used to claim the IRC You are required to obtain a new FEIN if any of the follow-
45G credit or the credit limitation in IRC 45G(b)(1). Reha- ing statements are true:
bilitation costs that are funded by a federal or state grant
• One person is the grantor/maker of many trusts. Each
cannot be used to claim the credit.
trust must have its own FEIN.
The credit is certified by Oregon department of Transporta- • A trust changes to an estate.
tion (ODOT). The changes described here apply to tax years • A living or inter vivos trust changes to a testamentary
beginning on or after January 1, 2024, and before January trust.
1, 2026. • A revocable trust changes to an irrevocable trust.
• A living trust terminates by distributing its property to a
residual trust.
Reminders
You aren’t required to obtain a new FEIN if any of the fol-
Oregon due date lowing statements are true:
Generally, Form OR-41 is due by April 15, 2024 for 2023 • The trustee changes.
calendar year taxpayers, excluding extensions. Fiscal year • The grantor or beneficiary changes their name or address.
returns are due by the 15th day of the fourth month follow- Note: If you need a new FEIN, apply for one with the Inter-
ing the close of the tax year. nal Revenue Service (IRS) by using federal Form SS-4. For
more information about a FEIN, see IRS Publication 1635,
Federal law connection available on the IRS website at www.irs.gov.
Oregon is tied to federal income tax laws as amended and Extension of time to file. Oregon accepts the same automatic
in effect on December 31, 2022. Oregon exceptions to fed- extension of time to file allowed by the IRS. If you timely
eral tax law: applied to the IRS for the five-and-a-half month automatic
• IRC Section 139A tax exemption for federal subsi dies extension to file (federal Form 7004), check the “Extension
for employer prescription drug plans. If you have this to file” box on your Form OR-41. Oregon accepts a valid
federal extension.
type of business income, you’ll have an addition on
your Oregon return. Use addition code 123 on Schedule Payment. You may pay online at www.oregon.gov/dor or
OR-ASC-FID. see “Mailing addresses and payment instructions” below.
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Estates and trusts aren’t required to make estimated tax • All estates that want to establish a fiscal tax year, even if
payments to Oregon. Your full payment is due on the origi- the estate had less than $600 of federal gross income for
nal due date of the tax return, excluding extension. the tax year.
• Part-year resident trusts with federal gross income of
Payments received after the original due date of a return
$600 or more from Oregon sources for the tax year.
are applied first to penalty, then to interest, then to tax.
• Nonresident trusts with federal gross income of $600 or
[ORS 305.265(13)]. more from Oregon sources for the tax year.
Federal election. Oregon accepts the federal election made If you’re a nonresident estate or trust and the only Oregon-
by the executor of an estate and the trustee of a qualified source income you had for the tax year has been included
revocable trust to treat the trust as part of the estate. IRC in a composite filing by a pass-through entity, you’re not
Section 645. required to file an OR-41.
If you made this election for your federal return, check the
“A trust filing as an estate” box on Form OR-41, box A, and
Residency definitions
fill in the date of death. Include a copy of the required fed-
eral Form 8855 and a copy of the death certificate. • Estates. An estate is an Oregon resident if the personal
representative is appointed by an Oregon court, or if the
Confirmation of mailing. We can’t respond to requests for
estate administration is in Oregon. All other estates are
receipt of returns, extensions, or payments. If you want ver-
nonresidents. An estate can’t be a part-year resident.
ification that your envelope reached us, send it by certified
mail or a private mail courier that offers tracking services. • Trusts. A trust is a resident if the trustee is an Oregon
resident or if the trust administration is in Oregon. If
Change of name or address. It’s important, if you change
there are several trustees and one is an Oregon resident,
the name or address of your trust or estate, to check the
the trust is an Oregon resident trust. A trust can be a
appropriate box(es) on Form OR-41, page 1.
part-year resident if a trustee moves in or out of Oregon
Deferral of gain. Did you file federal Form 8824 because during the tax year. See part-year resident instructions
you are deferring gain on exchanged property? If busi- below.
ness or investment property in Oregon was exchanged • Interstate trust administration. If the trustee is a cor-
for property outside Oregon, check the box on the front of porate fiduciary engaged in interstate trust administra-
Form OR-41, “Form OR-24 is included.” Then complete and tion, the trust is considered to be a resident of Oregon
include Form OR-24 with the return. and the place of administration for that trust is consid-
File Form OR-24 annually until the disposal of the like-kind ered to be Oregon if the trustee conducts the major part of
property. In the year that the gain is finally recognized for its administration of the trust in Oregon. In this context,
federal purposes, you’re required to file a return and report “administration” relates to fiduciary decision making of
the portion of the gain that is subject to Oregon taxation. the trust and not to the incidental execution of such deci-
sions. Incidental functions include, but are not limited
Capital gain on liquidated farm assets. A reduced tax rate to, preparing tax returns, executing investment trades as
is available if you sold or exchanged capital assets used in directed by account officers and portfolio managers, pre-
farming activities. The sale or exchange must represent a paring and mailing trust accountings, and issuing dis-
substantially complete termination of a farming business bursements from trust accounts as directed by account
you own. The sale can’t be to a family member. See instruc- officers. [OAR 150-316-0400(5)].
tions for Schedule 1, line 4. (ORS 316.045).
Funeral trust. A resident funeral trust is a qualified funeral
Pass-through entity (PTE) reduced tax rate. ORS 316.043 trust (QFT) that has the meaning given in IRC Section 685.
allows a taxpayer to claim a reduced tax rate for income A resident funeral trust is required to be established under
from a PTE if certain conditions are met. See instructions the law of this state, or is established by contract, for the
for line 9. funeral home or cemetery to provide services or merchan-
dise in Oregon.
Filing requirements Name of executor or trustee. If there are co-fiduciaries,
enter the name and address of the one who signs the
A fiduciary return must be filed for: return.
• Resident estates or trusts required to file a federal Form Other returns required of fiduciaries. File the final appli-
1041 or 990-T. cable personal income tax return (Form OR-40, Form
• All resident estates and trusts upon termination to report OR-40-N, or Form OR-40-P) for a deceased taxpayer’s
the final distribution to beneficiaries. last tax year, the year of death. If a federal Form 1040-
• Ancillary Oregon estates with federal gross income of NR is required for a nonresident beneficiary, Form OR-
$600 or more for the tax year. 40-N may be required. If a federal return is required for
• Nonresident estates with federal gross income of $600 or a minor, incompetent person, missing person, or conser-
more from Oregon sources for the tax year. vatee, an Oregon return must be filed. If a person who is
150-101-041-1 (Rev. 10-05-23) 3 2023 Form OR-41 Instructions

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incompetent or is now deceased failed to file a prior year         Signature. The fiduciary or officer representing the fidu-
individual income tax return as required, the trustee is           ciary must sign the return and provide the fiduciary’s 
required to file the return. If you filed a federal Form 1040-     phone number.
NR for a nonresident trust, you must file an Oregon Form 
                                                                   Accounting  period. The accounting period must be the 
OR-41 to report the income.
                                                                   same as for federal income tax purposes. Show the same 
If you’re an executor/personal representative of an estate,        accounting period on your Form OR-41-V, if used, and your 
you may be required to file an Estate Transfer Tax return          Form OR-41.
(Form OR-706). If a decedent has a gross estate of $1,000,000      Accounting method. The accounting method must be the 
or more and the estate contains any Oregon property, the           same as for federal income tax purposes. If the method is 
estate is required to file an Oregon Estate Transfer Tax           changed, adjustments must be made to avoid duplication 
return.                                                            or omission of income and deductions.
If Form 5227 or Form 1041-A is required for federal income         Amended return. If you need to amend your tax return, 
tax purposes, only file a copy of that form with us if there       use the Form OR-41 for the specific tax year. Check the 
is tax due to Oregon. File a Form OR-41 and include a copy         “Amended” box on the front of the return. Include a com-
of the federal return.                                             plete  narrative  explanation  for  the changes,  a complete 
Exempt organizations.         If you file federal Form 990-T and   copy of the amended federal Form 1041, and all supporting 
you’re a corporation, file Form OR-20. If a federal Form           documents.
990-T is filed, also file Oregon Form OR-41 for your trust.        Unused loss carryovers. IRC Sections 172 and 1212 apply to 
Don’t complete Form OR-41, lines 1, 2, 5, 5a, and 6. From          an estate or trust and the beneficiaries. Include a copy of the 
Form 990-T, enter any unrelated business taxable income            federal loss carryover schedule with Form OR-41.
on Form OR-41, Schedule 1, line 2, and the fiduciary adjust-
                                                                   Income taxable to the grantor or substantial owner. Any 
ment on line 5b. Also complete Form OR-41, Schedule 1 and 
                                                                   part of trust income taxable to the grantor or another per-
Schedule 2, column B.
                                                                   son under IRC Sections 671 through 678 isn’t taxed on a 
Your original due date for federal Form 990-T is the 15th          fiduciary return. However, the income information must 
day of the 5th month after the end of your tax year. Exam-         be shown on Schedule OR-ASC-FID and be included with 
ple: Your organization year end is December 31, 2023. Your         Form 1041. Include this schedule with Form OR-41 to 
original due date for federal Form 990-T is May 15, 2024. At       show Oregon additions and subtractions to federal taxable 
the top of Form OR-41 write, “Original due date May 15,            income. If the grantor trust is exempt from filing Form 1041 
2024.”                                                             under  Treasury Regulation  1.671-4,  it’s also  exempt  from 
                                                                   filing Form OR-41 (OAR 150-316-0445).
Bankruptcy estates.  Your  return  will  consist  of  Oregon 
Forms OR-41 and OR-40, and copies of your federal Forms            Returns for estates and complex trusts. On Oregon Form 
1041 and 1040. Oregon Form OR-41 is used only as a trans-          OR-41, lines 1 through 7, allocate the income and Oregon 
mittal for Form OR-40. Enter the tax amount computed on            modifications  between  the estate  or  trust  and the  benefi-
Form OR-40 on Form OR-41, line 8. If you request a prompt          ciary if an authorized distribution was made or required 
determination (aka: rapid audit), you must send your writ-         during the tax year. The fiduciary must provide the benefi-
ten request separately from Form OR-41. Send your request          ciary with income distribution and Schedule K-1 on federal 
to:                                                                Form 1041. Include a copy of each K-1 with Form OR-41. 
                                                                   See instructions for line 6.
      Oregon Department of Revenue
      Fiduciary/Estate Unit                                        Transferee. The money and property of a taxpayer who has 
      955 Center St NE                                             died  passes  to  a person,  estate,  or  trust,  called  the  trans-
      Salem OR 97301-2555                                          feree. The transferee may be liable for the obligations and 
                                                                   liabilities of the deceased person. The liability includes tax, 
Period covered by the return. The return must be for the           interest, and penalty. The transferee’s liability is limited to 
same tax year used for filing the federal return. Trusts are       the value of the property acquired from the decedent (ORS 
required to file on a calendar year.                               314.310).
When and where to file the return.    All trust and estate 
returns filing for the 2023 calendar year are due by April         Extension of time for filing
15, 2024. Estate returns for other tax periods, fiscal year or 
short period, are due by the 15th day of the fourth month          The extension of time to file for most fiduciary tax returns 
following the close of the estate’s year. Example: Your            is five and a half months. This applies to estates (other than 
estate is on a  fiscal year  starting June 1, 2023 and ending      bankruptcy estates) and trusts filing federal Form 1041. 
May 31, 2024. The 2023 Form OR-41 is due by September 
                                                                   The extension of time to file for certain associations, trusts, 
16, 2024.
                                                                   or other unincorporated organizations that are not tax-
See “Mailing addresses and payment instructions” below.            able as a corporation for federal tax purpose are allowed 
150-101-041-1 (Rev. 10-05-23)                                    4                             2023 Form OR-41 Instructions

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6 months. This applies to federal 990-T filers other than federal extension form. Check the “Extension to file” box
corporations. on Form OR-41, page 1, and include a copy of the Form
7004 or Form 8868 with the return.
If you need more time to file, send your payment, federal
Form 7004 or Form 8868, and Form OR-41-V to: An extension of time to file your return isn’t an extension
of time to pay your tax. All tax due must be paid by the
Oregon Department of Revenue original due date of the return to avoid penalties.
PO Box 14950
Salem OR 97309-0950 When you file your return
If you make a payment, check the “Extension payment” • If applicable, check the box on the front of Form OR-41
box on the Form OR-41-V. If you aren’t making an Oregon indicating “Extension to file.”
payment, complete and file the federal extension Form 7004 • Include the amount you paid with Form OR-41-V, on line
or Form 8868 with the IRS. Keep a copy of your complete 17.

Form OR-41 line instructions
Please note: Complete this form by beginning on page 3, the amount entered on line 6. Each beneficiary’s share of
schedule 1. the fiduciary adjustment must either be shown at the bot-
tom of their K-1 on a blank line or on a separate sheet
Simple trusts without capital gains or losses, or estates ter-
included with the K-1. Mark it “Oregon fiduciary addition
minating in this tax year, must complete Form OR-41, lines
(or subtraction)” and write in the amount the beneficiary is
2, 5a, and 6 on the front, and Schedules 1 and 2, lines 1–19
to report. Don’t break the fiduciary adjustment down into
on page 3.
separate components.
If there are no distributions to the beneficiary, begin on line
Example: An Oregon fiduciary adjustment includes a
4. If no distributions were made to beneficiaries, the fidu-
$3,300 federal tax subtraction, a $600 U.S. government
ciary adjustment on line 5 should be carried over to line 5b.
interest subtraction, and a $1,300 Oregon tax addition. The
Line 2. Distribution deduction. Enter the amount from amount reported to the beneficiary is an Oregon fiduciary
federal Form 1041, Schedule B, line 15, plus Oregon Form adjustment subtraction of $2,600.
OR-41, Schedule 1, line 6.
If you have a capital gain which isn’t distributed to the ben-
Line 2a. Tax-exempt income deducted in computing the eficiaries, line 2 plus line 5a won’t equal line 6. Include a
distribution deduction on Line 2. Enter the amount from statement with your return and explain there is an undis-
federal Form 1041, Schedule B, line 12. tributed capital gain on Form 1041, Schedule B, line 6.
Line 3. Percentage. When computing the percentage, round Line 8. Tax. Use the rate schedule on Form OR-41, page 3,
to four decimal places. For example, 12.34558 percent to figure the tax.
should be 12.3456 percent. The computed percentage can’t
Line 9. Reduced-rate tax amount and qualifying source(s).
be greater than 100 percent.
If you qualify for a reduced tax rate for net long-term capital
Line 5a. Enter the fiduciary adjustment allocable to the gain (NLTCG) under ORS 316.045, see Worksheet OR-FCG
beneficiary. The number entered is a positive whole num- at www.oregon.gov/dor/forms. This worksheet is for refer-
ber. (ORS 316.287 and OAR 150-316-0410.) If the adjust- ence only; do not attach to Form OR-41.
ment is a subtraction, the beneficiary’s share is limited to
To claim the reduced tax rate, you must check the NLTCG
an amount equal to the distribution of income taxable on
box on Form OR-41, line 9. Enter the amount you have com-
the beneficiary’s individual return. A fiduciary adjustment
puted and attach an explanation of how you computed the
addition increases the beneficiary’s income. The beneficia-
tax on your return. Name your attachment “FID Reduced
ry’s share of the addition is limited as follows: Subtract the
Tax Rate Schedule.”
taxable portion of the distribution from the total amount
of the distribution. The balance is the beneficiary’s share, If you qualify for a reduced tax rate for qualifying income
unless the amount of the addition is smaller. under ORS 316.043 from a partnership or an S corporation,
you may elect to use a reduced tax rate for PTE income. The
Any amount of a fiduciary adjustment not allocable to a ben-
reduced tax rate can be claimed for qualifying income up to
eficiary is an adjustment to the fiduciary’s taxable income.
$5 million. This election is irrevocable. To determine if you
Check the appropriate box to indicate whether it’s an addi- qualify, refer to the instructions for Schedule OR-PTE-FY.
tion or a subtraction. This schedule is for reference only; do not attach it to Form
OR-41.
Line 6. A copy of federal Form 1041, Schedule K-1 or an
acceptable substitute, for each beneficiary, must be filed To claim the reduced tax rate, you must check the PTE box
with Form OR-41. The total of the income and Oregon fidu- on Form OR-41, line 9. Enter the amount you have com-
ciary adjustment reported on all Schedules K-1 must equal puted and attach an explanation of how you computed the
150-101-041-1 (Rev. 10-05-23) 5 2023 Form OR-41 Instructions

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tax on your return. Name your attachment “FID Reduced • The tax you actually paid to the other state, or
Tax Rate Schedule.” • The amount figured using the formula below.
If you qualify for more than one of these reduced tax rates, Divide your modified adjusted gross income (MAGI) taxed
add the total tax from each source and report it all on this by both states by your total MAGI. Multiply the result by
line. your Oregon tax after subtracting all other credits.
Note: If you enter an amount on line 9, you should also have Your MAGI taxed by both states Your Oregon tax
an amount entered on schedule 1, line 3. x after subtracting
Your total MAGI all other credits
Credits Full-year residents. Your modified adjusted gross income
is your total income (amount on federal Form 1041, line
Note: Refer to Publication OR-17 or Oregon statutes for 9), modified by Oregon additions and subtractions (Form
additional information about credits. OR-41, Schedule 2, line 19).
All credit codes are separated into three categories: stan- Nonresident estates and trusts. Oregon will allow a credit
dard credits, carryforward credits, and refundable credits. for taxes paid to another state if all of the following condi-
tions are met:
Standard credits are nonrefundable credits that can only be
claimed on the current year’s tax return. Credit amounts • The estate or trust is a nonresident of Oregon.
awarded and not used in the current tax year will be lost. • The estate or trust is a resident of Arizona, California,
Indiana, or Virginia.
Carryforward credits are nonrefundable credits for which • The estate or trust has income that is taxed by both Ore-
any unused portion in the current tax year may be carried gon and the resident state.
forward to the following tax year. The number of years
that a credit can be carried forward varies according to the
Oregon cultural trust contributions
carryforward rules of the credit.
[Code 807] (ORS 315.675).
If you have both standard credits and carryforward credits,
standard credits should be used first so they aren’t lost. Did you make a donation to an Oregon nonprofit cultural
organization during the tax year? If so, you can make a
Refundable credits can only be claimed on your current matching donation to the Trust for Cultural Development
year’s tax return; however, any amount that is more than Account and get an Oregon tax credit. You may get a credit
your tax will be refunded to you. of up to 100 percent of the amount of the matching contri-
Line 11. Standard tax credits. Use Schedule OR-ASC-FID, bution. The maximum credit is $500 per taxpayer.
Section 3, to report the amount and description of any stan- Part-year residents and nonresidents must multiply the
dard credits claimed. See Appendix A for a list of avail- allowable credit by your Oregon percentage. Any credit not
able credits. The total of all standard credits from Schedule used this year is lost. For more information about the Ore-
OR-ASC-FID, Section 3, is entered on Form OR-41, line 11. gon Cultural Trust, contact the Oregon Arts Commission or
Don’t include payments or claim of right credit on line 11. go to their website at www.culturaltrust.org.
Line 13. Carryforward credits. Use Schedule OR-ASC-FID,
Common standard credits include:
Section 4, to report the amount and description of any
Credit for income taxes paid to another state carryforward credits claimed. See Appendix A for a list of
available credits. The total of all carryforward credits from
[Code 802] (ORS 316.082, 316.131, 316.292). Schedule OR-ASC-FID, Section 4, is entered on Form OR-41,
Resident estates and trusts. Generally, you can claim this line 13. Don’t include payments or claim of right credit on
credit if the estate or trust has income that is taxed by both line 13.
Oregon and another state. An Oregon resident trust that Line 15. Oregon withholding and tax payments. Fill in any
has income taxed by Arizona, California, Indiana, or Vir- Oregon withholding supported by Form W-2 or Form 1099.
ginia may not claim the credit on the Oregon return. The Match the FEIN on Form W-2 or Form 1099 with the FEIN
credit should be claimed on the nonresident return for that reported on Form OR-41. Also, match the recipient’s name
state. If the trust is a resident of Oregon and also a resident on the Form W-2 or Form 1099 to the name of the trust or
of another state, the credit may be claimed on the Oregon estate on Form OR-41. Include any Form W-2 or Form 1099
return. Include a copy of the return you filed with the other showing Oregon withholding reported on line 15.
state and proof of payment of the tax. No credit is allowed
If you claim credit for Oregon withholding and don’t
if the tax has been claimed as a deduction. If a deduction for
attach Form W-2 or 1099, we won’t give you credit for the
the other state’s tax was claimed on Form 1041, it must be
withholding and will:
added to income on Oregon Form OR-41, Schedule 2, line 17.
• Send you a bill, or
How much is the credit? Your credit is the smallest of:
• Reduce your refund, or
• Your Oregon tax after all other credits, or • Deny your full refund.
150-101-041-1 (Rev. 10-05-23) 6 2023 Form OR-41 Instructions

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Line 16. Payments with Form OR-18-WC or Form OR-19.                the box on line 27 and enter the surplus credit amount (from 
Fill in any Oregon withholding or payments supported by            line 5 above) on Form OR-41, line 28. 
Oregon Form OR-18-WC or Form OR-19. Match the FEIN 
                                                                   Your refund will first offset to any amount owing on your 
on Form OR-18-WC or Form OR-19 with the FEIN reported 
                                                                   original 2023 Oregon return and any other past due liabili-
on Form OR-41. Also, match the recipient’s name on the 
                                                                   ties prior to being donated to the Oregon State School Fund. 
Form OR-18-WC or Form OR-19 to the name of the trust 
                                                                   Note: This election is irrevocable after the due date of the 
or estate on Form OR-41.      Don’t attach Form OR-18-WC or 
                                                                   original return.
Form OR-19.
                                                                   If you would like to donate only a portion of your refund 
Line 17. Payments prior to filing your return. Fill in any 
                                                                   to the Oregon State School Fund, you first must claim all of 
payments you made for this tax year prior to filing your 
                                                                   your kicker credit on your return. Then, once you receive 
return.  Include  any  payments  made  with  an  extension. 
                                                                   it, use it to make your donation. The Oregon State School 
Don’t include the tax due payment you send with your 
                                                                   Fund’s address is:
return or paid the same day you file your return if you send 
payment separately.                                                  Oregon Department of Education 
                                                                     Attn: OFA Cashier 
Line 18. Oregon surplus credit (kicker).   The Oregon sur-
                                                                     255 Capitol St NE 
plus credit is a refundable credit claimed on your 2023 
                                                                     Salem OR 97301
Oregon tax return. The credit is 44.28 percent of your 2022 
Oregon tax liability before credits (2022 Form OR-41, line         Amended returns.    If your 2022 return is amended or 
10) as adjusted or amended, reduced by any 2022 credit             adjusted after you claim your 2023 surplus credit, you may 
claimed for income taxes paid to another state. The sur-           need to file an amended 2023 return to adjust your surplus 
plus credit percentage has been determined by the Oregon           credit also.
Department of Administrative Services in accordance with 
                                                                   Line 19. 
ORS 291.349.                                                       Total refundable credits. Use Schedule OR-ASC-FID, 
                                                                   Section 5, to report the amount and description of any refund-
To claim the Oregon surplus credit, you must file a 2023           able credits claimed. See Appendix A for a list of available 
return, even if you’re not otherwise required to do so. You        credits. The total of all refundable credits from Schedule 
must have filed your 2022 Oregon return before you can             OR-ASC-FID, Section 5, is entered on Form OR-41, line 19.
claim a surplus credit on your 2023 Oregon return. 
                                                                   Line 23. Penalty. Include a penalty payment if you:
Your credit is 44.28 percent. 
                                                                   • Mail any tax due after the due date (even if you have an 
  1.  Tax before credits reported on your                          extension to file).
2022 Oregon Form OR-41, line 10.           1.                      • File your return showing tax due after the due date 
  2.  Credit for income taxes paid to                              (including any extended due date).
another state reported on your                                     Penalty is 5 percent of the unpaid balance of your tax. If you 
2022 Oregon Form OR-41, line 11.           2.                      have an extension, the penalty won’t be charged if you:
  3.  Total 2022 tax before credits and                            • Pay at least 90 percent of the tax due by the original due 
after income taxes paid to another                                 date of the return; and
state (subtract line 2 from line 1).                               • Pay the balance of tax and interest when you file within 
If line 2 is more than line 1,                                     the extension period; and
enter -0-.                                 3.                      • Pay any interest due either when the return is filed or 
  4.  Oregon surplus credit percentage                             within 30 days of our billing.
(decimal value). This amount has been                              If you file more than three months after the due date, includ-
filled in for you.                         4.             0.4428   ing extensions, add an additional penalty of 20 percent.
  5.  Surplus credit amount. Multiply                              Line 24. Interest. If you don’t pay the tax by the original 
line 3 by line 4. Round to the                                     due date, interest will be charged on any unpaid tax.
nearest dollar. This is your surplus  
credit amount.                             5.                      For periods beginning     Annual      Daily
                                                                   January 1, 2024               8%      0.0219%
Claiming your surplus credit.      If you would like to claim      January 1, 2023               6%      0.0164%
your surplus credit, enter this amount on your 2023 Oregon         January 1, 2022               4%      0.0110%
Form OR-41, line 18. Enter -0- on line 28 and don’t mark the 
box on line 27.                                                    Interest rate may change once a calendar year.
Donating your surplus credit. You can elect to donate your         Interest is figured daily. Here’s how to figure daily interest:
surplus credit to the Oregon State School Fund. The fund is 
                                                                   Tax      ×  Daily interest rate ×  Number of days
used for public K-12 education. If you would like to donate 
your entire surplus credit to the Oregon State School Fund,        Interest continues to accrue on any unpaid tax during an 
enter -0- on your 2023 Oregon Form OR-41, line 18. Check           extension of time to file.
150-101-041-1 (Rev. 10-05-23)                                    7                                  2023 Form OR-41 Instructions

- 8 -

Example: Your return and tax payment was due on April business trust under IRC Section 641(c) must be included in
15, 2024. You filed your return timely and pay the tax due of column B, line 3.
$3,200 on May 31, 2024. Your interest is figured starting on
Reduced-rate tax on qualifying income. If you qualify for
April 16, 2024, through May 31, 2024, as follows:
a reduced tax rate for qualifying income from farm NLTCG
$3,200 x 0.0219% x 46 days = $32.24 or a PTE, report the amount of income that is being taxed at
daily rate (April 16 a different rate on line 3 as a negative number. If you qual-
through May 31) ify for more than one of these, add the total income subject
Include this interest with your tax payment. to a different rate and report it all on this line as a negative
number. Be sure to include a schedule showing how you
Additional interest on deficiencies and delinquencies. computed the amount of income shown on this line.
Interest will increase by one-third of 1 percent per month
Line 6. Oregon changes distributed. Enter Oregon changes
(4 percent annually) on deficiencies or delinquencies if the
from column A, line 3, that were distributed to the ben-
following occur:
eficiaries. Enter zero if the amount on federal Form 1041,
• You file a return showing taxes owing, or we assess an Schedule B, line 8 or line 11, is less than the amount on
existing deficiency, and Schedule B, line 7.
• The tax assessed isn’t paid within 60 days after the return
The total of this line, plus the amounts from federal Form
is filed or the notice of assessment is issued, and
1041, Schedule B, lines 12 and 15, can’t exceed the amount
• You haven’t filed a timely appeal.
on Schedule B, line 8 or 11.
Line 25. Total due. You may pay online at www.oregon.
gov/dor or enclose a check or money order with your
Schedule 2—Fiduciary adjustment
return payable to “Oregon Department of Revenue.” Write
your daytime phone number, FEIN, and your filing period This schedule is for figuring net Oregon modifications to
on your check. Don’t send cash or postdated checks. Don’t federal taxable income.
use red, purple, or gel ink pens. Don’t include a payment
voucher with your return. Line 8. Federal income tax subtraction. To figure the sub-
traction, deduct the amount on federal Form 1041, Schedule
Note: Any payments received after the original due date G, lines 6 and 7, from the amount on federal Form 1041, line
will be applied first to penalty, then to interest, and then to 24. For additional federal tax paid for years before 2023, see
tax. [ORS 305.265(13)]. instructions for Schedule 2, line 11.
Line 26. Refund. We can’t apply your fiduciary income tax ORS 316.695 limits the amount of federal tax subtraction
refund as a payment to your next tax year. Don’t write in allowed on an Oregon Form OR-41 return. The limitation
any instructions for refund application on line 26. is based on the federal taxable income of the trust. This
amount is shown on Schedule 1, line 2 of the Oregon Form
Line 27. Check this box only if you elect to donate your total
OR-41. The allowable subtraction is between $0 and $7,800.
kicker to the State School Fund. This election is irrevocable
after the due date of the original return. Use the federal taxable income from Form OR-41, Sched-
ule 1, line 2 to calculate the maximum allowable federal
Line 28. Write in the amount of your total kicker calculation
tax subtraction based on the following table to compute the
if you’re electing to donate the entire amount. Otherwise,
amount to enter on Form OR-41, Schedule 2, line 8:
leave this line blank.

Income level Maximum
subtraction allowed
Schedule 1—Oregon changes
Federal taxable income is less than $125,000 $7,800
Line 1. Distributable net income. Enter the amount from Federal taxable income is greater than or equal $6,250
federal Form 1041, Schedule B, line 7. to $125,000 and less than $130,000
Federal taxable income is greater than or equal
Line 2. Taxable income of fiduciary. Enter the amount from to $130,000 and less than $135,000 $4,700

federal Form 1041, line 23. Federal taxable income is greater than or equal $3,100
to $135,000 and is less than $140,000
Line 3. Other changes. Changes include differences between
the federal return and the Oregon return in gains or losses Federal taxable income is greater than or equal $1,550
to $140,000 and is less than $145,000
from the sale of property. Also use this line to report differ-
Federal taxable income is greater than or equal
ences in capital gains from the sale of farm use and forest to $145,000 $0
use lands acquired from a decedent who died before 1987.
Enter the amount in column B. Also enter the amount in Enter the lesser of the amount computed above or the
column A if an authorized distribution was made, and the amount shown on federal Form 1041, line 24 less federal
gains qualify for inclusion in distributable net income. Form 1041, Schedule G, lines 6 and 7.
Electing small business trust. Amounts not included Line 9. Interest on U.S. obligations. Enter the amount
in federal distributable net income of an electing small of interest from U.S. government obligations included in
150-101-041-1 (Rev. 10-05-23) 8 2023 Form OR-41 Instructions

- 9 -

federal income and not otherwise deducted. U.S. govern- OR-17 for additional information about additions. Note: All
ment interest received from another fiduciary should be other additions and other subtractions must be reported on
subtracted on Schedule 2, line 11 in that fiduciary’s adjust- Schedule OR-ASC-FID. Fiduciary returns don’t use itemized
ment. Don’t subtract that income a second time on this line. deductions Schedule OR-A.
The total of interest or dividends from U.S. obligations
Deductions allowed under IRC Sections 2053 or 2054 may
included on federal Form 1041 must be reduced by the
be claimed on either Form OR-706 or Form OR-41, but not
deductions allocable to such income (see federal Form 1041
both. The personal representative of an estate may make dif-
instructions). Use the same formula to allocate deductions to
ferent elections for federal and Oregon returns. If the deduc-
U.S. government interest.
tions are claimed on Form OR-41, include a statement that
Line 10. Oregon income tax refund included as income on the deductions aren’t being claimed on Form OR-706. For
federal Form 1041. federal purposes, those deductions may be taken on either
federal Form 706 or federal Form 1041 under IRC Section
Line 11. Total other subtractions. Enter other subtractions
642(g). See OAR 150-118-0020. If you make different elec-
that don’t have a specific line. Use Schedule OR-ASC-FID,
tions for federal and Oregon, then report the addback as
Section 2, to report the amount and description of each item
an “other addition” on Oregon Schedule OR-ASC-FID. Use
not reported elsewhere on your return. See Appendix A for
addition code 199.
a list of other subtractions. The total of all “Other subtrac-
tions” from Schedule OR-ASC-FID, Section 2, is entered on Common “other additions” include:
Form OR-41, Schedule 2, line 11. Refer to Publication OR-17
for additional information about subtractions. Note: All Federal income tax refunds
other additions and other subtractions must be reported on
[Code 109] (ORS 316.680, 316.685, 316.695).
Schedule OR-ASC-FID. Fiduciary returns don’t use itemized
deductions Schedule OR-A. Did you get a federal tax refund in 2023 because you filed
an amended federal return for a prior year or were audited?
Line 14. Interest on obligations of other states. Enter
If so, you must add back the part of your refund that was
interest income from bonds of a state or political subdivi-
claimed as part of your federal tax subtraction on your Ore-
sion other than Oregon. (This type of income from another
gon return for the prior year.
fiduciary is included in that fiduciary’s adjustment and
shouldn’t be duplicated on this line.)
Income taxes paid to another state
Line 15. Depletion. If natural resource depletion entered on
Form 1041 is in excess of the adjusted basis of the property, [Code 148] (ORS 316.082).
enter the excess on this line. If you claim the credit for income tax paid to another state
Line 16. Estate tax paid on “income in respect of a dece- on your Oregon return, and you deducted the other state’s
dent” (IRD). To figure the amount of the federal estate tax income tax on your federal Form 1041, line 11, the amount
deduction that must be added to taxable income on the Ore- you deducted must be added back to income on your Ore-
gon return, use this formula: gon Form OR-41, Schedule 2, line 17.
A = IRD included in federal taxable income. Line 19. Fiduciary adjustment. Enter as a positive whole
B = IRD not taxable by Oregon. number. Check the appropriate box to indicate whether it’s
C = Estate tax deducted on Form 1041. an addition or a subtraction.
B
× C = $___________ amount of the addition
A Part-year resident and nonresident
Enter amount on line 16. fiduciaries

Example: Oregon taxes gross income from all sources for the portion
A: $21,000 IRD included in federal taxable income. of the tax year the trust was an Oregon resident and gross
B: $10,000 IRD not taxable by Oregon. income from Oregon sources only while the trust was a
C: $1,170 federal estate tax deducted on Form 1041. nonresident.
($10,000 ÷ $21,000) x $1,170 = $557—amount of your Ore- All federal deductions are allowed for the portion of the
gon addition on line 16. year the trust was an Oregon resident. But only deductions
directly related to Oregon sources are allowed while the
Line 17. Total other additions. Enter other additions that
trust was a nonresident.
don’t have a specific line. Use Schedule OR-ASC-FID, Section
1, to report the amount and description of each difference not Part-year resident. Use Schedule OR-SCH-P to figure
already reported elsewhere on your return. See Appendix the Oregon tax. File Schedule OR-SCH-P, with Form
A for a list of other additions. The total of all “Other addi- OR-41. A part-year resident trust required to file Form
tions” from Schedule OR-ASC-FID, Section 1, is entered OR-41 must include a copy of federal Form 1041 as filed.
on Form OR-41, Schedule 2, line 17. Refer to Publication See “Filing requirements” instructions. To determine

150-101-041-1 (Rev. 10-05-23) 9 2023 Form OR-41 Instructions

- 10 -

your total Oregon taxable income for the year, you may Examples of Oregon-source income are: wages or other
choose to complete a second “pro forma, mock” federal compensation for services performed in Oregon; income or
Form 1041, using only Oregon-source income and deduc- loss from business activities in Oregon, including rents, S
tions, or you may develop a schedule of the amounts of corporations, and partnerships; gain or loss from the sales
income, gain, loss, and deductions for Oregon. The full fed- of real or tangible personal property located in Oregon; and
eral exemption amount is allowed. If you choose to com- income from intangible personal property if the property
plete a “pro forma, mock” federal Form 1041, write “Ore- has acquired Oregon business situs.
gon-source income” at the top of the form to distinguish For more information, see ORS 316.127 and Publication
it from the actual federal Form 1041 you filed for federal OR-40-NP.
tax purposes.
Use the figures from the Oregon-source Form 1041 (or
How to assemble the return
Oregon-source schedule) you prepared, to complete Form
OR-41. Complete lines 1 through 7 and Form OR-41, Sched- Assemble your Oregon fiduciary return in the following
ules 1 and 2 as though the Oregon-source amounts were the order:
only income and deductions for the tax year. The full fed-
eral tax subtraction is allowed on line 8 based on the federal 1. Form OR-41, pages 1, 2, 3, and 4. Include Form W-2 or
liability from Form 1041 and subject to the limitations as 1099 if they show Oregon withholding.
described earlier. • Bankruptcy estates. Do not include your written
request for a prompt audit with your return. Mail
Then complete Schedule OR-SCH-P and Form OR-41, using it separately to: Oregon Department of Revenue,
the figures from federal Form 1041, to figure Oregon tax. Fiduciary/Estate Unit, 955 Center St NE, Salem OR
Write this amount on Oregon Form OR-41, line 8. 97301-2555.
Nonresident estates and trusts. A nonresident estate or trust 2. Schedule OR-SCH-P (if part-year resident trust).
required to file Form OR-41 must include a copy of federal
Form 1041 as filed. See “Filing requirements” instructions. Ore- 3. Schedule OR-ASC-FID, if applicable. Important: You
gon taxes only Oregon-source income received by the estate must include this schedule for correct processing if
or trust. Deductions are allowed if they’re directly related to you claim any other additions, other subtractions, or
Oregon-source income. The only exception is the federal tax credits.
subtraction, which must be apportioned as shown below. 4. “Pro forma, mock” Form 1041 or a schedule of Oregon-
To determine your total Oregon taxable income for the source income and deductions, if the return is from a
year, you may choose to complete a second federal Form part-year resident trust or nonresident estate or trust.
1041 using only Oregon-source income and deductions (a 5. Form OR-24, if necessary.
“pro forma, mock” return), or you may develop a sched-
6. A copy of federal Form 1041 or 1041-A and all sched-
ule of the amounts of income, gain, loss, and deductions for
ules, including Schedule K-1.
Oregon. The full federal exemption amount is allowed. If
you choose to complete a “pro forma, mock” federal Form 7. A copy of federal Form 8855, if it applies.
1041, write “Oregon-source income” at the top of the form
8. Credit for income tax paid to another state. Include
to distinguish it from the actual federal Form 1041 you filed
the other state’s tax return and proof of income tax
for federal tax purposes.
payment.
Federal tax subtraction for nonresidents. The federal tax
9. A copy of federal Form 5227, only if you have tax due
subtraction must be apportioned to determine the amount on your OR-41.
related to Oregon sources. Use this formula:
Authorize your preparer. To authorize your preparer to dis-
A = Form OR-41, Schedule 1, line 7, cuss your return with us, check the box located between
(Oregon-source items only). the signature lines for the fiduciary and the preparer. To
B = Form OR-41, Schedule 1, line 7, (all source items). authorize a person other than the preparer, include a signed
C = Federal tax (lesser of actual liability, $7,800, or amount Form 150-800-005, Tax Information Authorization and Power
determined using income limitation). of Attorney for Representation.
A × C = $___________ amount of the subtraction
B
Mailing addresses and payment
Enter amount on Form OR-41, Schedule 2, line 8.
instructions

If you’re including payment, mail your return without a
Oregon-source income
payment voucher, to:
Oregon is permanently tied to the federal definition of Oregon Department of Revenue
gross income as found in the IRC. This tie is retroactive to PO Box 14555
December 31, 2010. Salem OR 97309-0940
150-101-041-1 (Rev. 10-05-23) 10 2023 Form OR-41 Instructions

- 11 -

If you’re not including a payment, mail your return to:
                                                                 Do you have questions or need help?
  Oregon Department of Revenue
  PO Box 14110
  Salem OR 97309-0910                                           Trust and estate help
If you’re paying separately from your return, mail a pay-       Email:   estate.help.dor@dor.oregon.gov
ment voucher with your payment, to:                             This email address isn’t secure and confidentiality can’t be 
  Oregon Department of Revenue                                  ensured. General tax and policy questions only.
  PO Box 14950
  Salem OR 97309-0950                                           Forms
                                                                www.oregon.gov/dor/forms
Check or money order
• Make your check or money order payable to “Oregon             General information
Department of Revenue.”                                           www.oregon.gov/dor
• Write your daytime phone number, FEIN, and your filing        503-378-4988 or 800-356-4222
period on your check.                                           questions.dor@ dor.oregon.gov
• Use blue or black ballpoint ink. Don’t use red, purple, or 
gel ink pens.                                                   Contact us for ADA accommodations or assistance in other 
• Don’t include a payment voucher with your return.             languages.
• Don’t send cash or postdated checks.
                                                                Correspondence
                                                                Include your FEIN and a daytime phone number for faster 
                                                                service.
                                                                Write to:  Oregon Department of Revenue
                                                                         Fiduciary/Estate Unit
                                                                         955 Center St NE
                                                                         Salem OR 97301-2555

150-101-041-1 (Rev. 10-05-23)                                11                               2023 Form OR-41 Instructions

- 12 -

                              Appendix A
                              Fiduciary Form OR-41
                              2023 Schedule OR-ASC-FID codes
Note: Refer to Publication OR-17 and Oregon law for additional information about additions, subtractions, 
and credits. All other additions and other subtractions without a specific line on the return must be reported 
on Schedule OR-ASC-FID. Fiduciary returns don’t use itemized deductions or Schedule OR-A.

Additions—Schedule OR-ASC-FID, Section 1                                                 Code
Achieving a Better Life Experience (ABLE) account nonqualified withdrawal [ORS 316.680(2)(L)] ...164
Accumulation distribution from a trust (ORS 316.737) .............................................................................132
Basis of business assets transferred to Oregon (ORS 316.707) ..................................................................150
Business credit, unused (ORS 316.680) .........................................................................................................122
Charitable donations not allowed for Oregon (ORS 128.760) ...................................................................160
Claim of right income repayments (ORS 315.068) ......................................................................................103
Contributions to Oregon production investment fund (auction) (ORS 315.514) ....................................144
Contributions to university venture fund (ORS 315.640) ..........................................................................146
CPAR addition (ORS 314.733) ........................................................................................................................187
Depreciation and amortization difference for Oregon (ORS 316.707, 316.739) .......................................152
Disposition of inherited Oregon farmland or forestland (ORS 316.844) .................................................106
Federal income tax refunds (ORS 316.680, 316.685, 316.695) ......................................................................109
Federal subtraction for retirement savings rollover from Individual Development  
Account (ORS 315.271) ...............................................................................................................................159
Fiduciary adjustment from another Oregon estate or trust (ORS 316.697) .............................................133
Gain or loss on the sale of depreciable property with different basis for Oregon (ORS 316.716) .......154
Income taxes paid to another state (ORS 316.082) ......................................................................................148
Individual Development Account non-qualified withdrawal (ORS 316.848, 315.271) ..........................137
IRC Section 199A federal Qualified Business Income Deduction (QBID) (ORS 316.859) ......................185
IRC Section 139A federal subsidies for prescription drugs (ORS 316.837)..............................................123
Lump-sum payment from a qualified retirement plan (ORS 316.737) ....................................................139
Net operating loss non-Oregon source (ORS 316.028) ............................................................................... 116
Opportunity Grant Fund (auction) (ORS 315.643) ......................................................................................165
Oregon 529 College Savings Plan nonqualified withdrawal [ORS 316.680(2)(j)] ...................................117
Oregon deferral of reinvested capital gain (ORS 316.874) ......................................................................... 118
Oregon IDA Initiative Fund donation credit add-back (ORS 315.271).....................................................138
Partnership or S corporation modifications for Oregon (ORS 314.712–314.752) ..................................... 119
Passive activity losses (ORS 314.300) ............................................................................................................155
Passive foreign investment company income (ORS 314.742).....................................................................140
Suspended losses (ORS 316.716) ....................................................................................................................156
Uncategorized addition (must include an explanation statement) ..........................................................199

Subtractions—Schedule OR-ASC-FID, Section 2
Achieving a Better Life Experience (ABLE) account deposit carryforward (ORS 316.699) ..................360
AmeriCorps educational awards (ORS 316.847) .........................................................................................362
Artist’s charitable contribution (ORS 316.838) ............................................................................................301
Basis of business assets transferred to Oregon (ORS 316.707) ..................................................................358
CPAR subtraction (ORS 314.733) ...................................................................................................................384
Depreciation and amortization difference for Oregon (ORS 316.707, 316.739) .......................................354
Domestic International Sales Corporation (DISC) dividend payments (ORS 316.749) .........................352
Federal business credits (ORS 316.716).........................................................................................................340
Federal gain previously taxed by Oregon (ORS 314.290 (repealed 2001), 316.716) .................................306
Federal income tax from a prior year (ORS 316.680, 316.685, 316.695) .....................................................309
Federal pension income [ORS 316.680(1)(e)].................................................................................................307
Fiduciary adjustment from another Oregon estate or trust (ORS 316.697) .............................................310
Film production labor rebate (ORS 316.698, 317.394) ..................................................................................336
Foreign income tax (ORS 316.690) ................................................................................................................. 311
Gain or loss on the sale of depreciable property with a different basis for federal and  
Oregon purposes (ORS 316.716) ...............................................................................................................355
150-101-041-1 (Rev. 10-05-23) 12                                                         2023 Form OR-41 Instructions

- 13 -

Income on a composite return (OAR 150-314-0515) ...................................................................................341
Individual Development Account (IDA) contributions (ORS 316.848) .................................................... 314
Interest from Oregon state and local government bonds (ORS 286A.140, 316.267) ...............................317
Marijuana business expenses [ORS 316.680(1)(i)] .......................................................................................359
Mobile home park capital gain (Note following ORS 316.792) .................................................................338
Net operating loss (ORS 316.028) ..................................................................................................................321
Oregon College and MFS 529 Savings Plan deposit carryforward (ORS 316.699) .................................324
Oregon Investment Advantage (ORS 316.778) ............................................................................................342
Partnership or S corporation modifications for Oregon (ORS 314.712, 314.752) .....................................323
Passive activity losses (ORS 314.300) ............................................................................................................356
Previously-taxed IRA conversions [ORS 316.680(1)(f)] ...............................................................................348
Psilocybin business expenses [ORS 316.680(1)(j)] .......................................................................................385 
Railroad Retirement Board benefits: tier 2, windfall/vested dual, supplemental, and  
railroad unemployment benefits (ORS 316.054) .....................................................................................330
Suspended losses ............................................................................................................................................357
U.S. government interest in IRA or Keogh distributions (ORS 316.681) .................................................331
Uncategorized subtraction (must include an explanation statement) .....................................................399

Standard credits—Schedule OR-ASC-FID, Section 3
Income taxes paid to another state (ORS 316.082 and 316.131) ..................................................................802
Mutually-taxed gain on the sale of residential property (ORS 316.109) ..................................................806
Oregon Cultural Trust contributions (ORS 315.675) ..................................................................................807
Pass-through income taxes paid to another state (ORS 316.082) ..............................................................815
Political contributions (ORS 316.102) ............................................................................................................809
Reservation enterprise zone (ORS 315.506) .................................................................................................810
Uncategorized standard credit (must include an explanation statement) ..............................................899

Carryforward credits—Schedule OR-ASC-FID, Section 4
Agriculture workforce housing (ORS 315.164) ............................................................................................835
Bovine manure carryforward (ORS 315.176 and 315.179) ..........................................................................869
Business energy carryforward (ORS 315.354, 315.357) ..............................................................................839
Child Care Fund contributions carryforward (ORS 315.213) ...................................................................841
Crop donation (ORS 315.156) .........................................................................................................................843
Electronic commerce zone investment carryforward (ORS 315.507) ......................................................845
Employer-provided dependent care assistance carryforward (ORS 315.204) ........................................846
Employer scholarship (ORS 315.237) ............................................................................................................847
Energy conservation projects carryforward (ORS 315.331) .......................................................................849
Fish screening devices (ORS 315.138) ...........................................................................................................850
Forest Conservation Tax Credit (FCTC) (Or Laws 2022, ch 24) ................................................................873
Opportunity Grant Fund (auction) carryforward (315.643) ......................................................................871
Oregon IDA Initiative Fund donation (ORS 315.271) .................................................................................852 
Oregon Low-Income Community Jobs Initiative/New Markets (ORS 315.533) ....................................855
Oregon Production Investment Fund (auction) (ORS 315.514) .................................................................856
Renewable energy resource equipment manufacturing facility carryforward (ORS 315.341) ............860
Rural technology workforce development carryforward (ORS 315.523) ................................................868
Short line railroad rehabilitation (ORS 315.593) .........................................................................................872
Transportation projects carryforward (ORS 315.336) ................................................................................863
University Venture Development Fund contribution (ORS 315.640) .......................................................864
Uncategorized carryforward credit (must include an explanation statement) ......................................999

Carryforward credits available only to S corporation shareholders
Alternative qualified research activities carryforward (S corporation) (ORS 317.154) .........................837
Lender’s credit affordable housing carryforward (S corporation) (ORS 317.097) ..................................854
Lender’s credit energy conservation carryforward (S corporation) (ORS 317.112) ................................848
Long-term rural enterprise zone facilities carryforward (S corporation) (ORS 317.124, 317.125) .........853
Qualified research activities carryforward (S corporation) (ORS 317.152) ..............................................858

150-101-041-1 (Rev. 10-05-23) 13                                                     2023 Form OR-41 Instructions

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Refundable credits—Schedule OR-ASC-FID, Section 5
Achieving a Better Life Experience (ABLE) account contributions (ORS 315.650) ................................897
Agricultural Employer Overtime Tax Credit (Or Laws 2022, ch 115, § 8)  ..............................................901
Claim of right (ORS 315.068) ..........................................................................................................................890
Mobile home park closure (note following ORS 316.090) ..........................................................................891
Oregon 529 College Savings Network account contributions (ORS 315.650) .........................................896

150-101-041-1 (Rev. 10-05-23) 14                 2023 Form OR-41 Instructions

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