Enlarge image | Oregon Corporate Activity Tax Form OR-CAT Instructions 2023 Table of contents What’s new .................................................................................2 Auto dealers ...............................................................................3 Important reminders ................................................................2 Wholesale or retail sale of groceries.......................................3 Filing information .....................................................................2 Filing checklist and reminders ...............................................4 Who must register? ...................................................................2 Estimated tax payments ...........................................................5 Who must file? ...........................................................................2 Return instructions ...................................................................6 What form do I use? ..................................................................2 Schedule OR-AF-CAT instructions ...................................... 10 Filing requirements ..................................................................2 Schedule OR-EXC-CAT instructions .................................... 11 Unitary groups ..........................................................................2 Form OR-QUP-CAT instructions .......................................... 11 E-file ............................................................................................2 Do you have questions or need help? ...................................12 Federal or other state audit changes .......................................3 Appendix A, 2023 Schedule OR-EXC-CAT code list ..........13 Amended returns ......................................................................3 Appendix B, Sample certificates ...........................................15 Protective claims .......................................................................3 Appendix C, Alternative apportionment ............................20 Additional information on certain exclusions ......................3 Appendix D, Instructions for estimated payments Agents. ........................................................................................3 if using the annualized method ...........................................21 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 your Corporate Activity Tax return through the electronic filing program. With approved third-party software, you can e-file your return with all schedules. You can also conveniently include an electronic payment with your e-filed original return. See “E-file.” 150-106-003-1 (Rev. 07-27-23) Page 1 of 21 Form OR-CAT Instructions |
Enlarge image | What’s new • Form OR-CAT-V, Oregon Corporate Activity Tax Payment Voucher. We have redesigned our Form OR-QUP-CAT, Underpayment • Schedule OR-EXC-CAT, Exclusions From Commercial of Oregon Corporate Activity Estimated Tax, for 2023. If you are Activity. filing a Form OR-QUP-CAT, review the form instructions • Schedule OR-AF-CAT, Schedule of Affiliates for Form beginning on page 11. OR-CAT. • Form OR-QUP-CAT, Underpayment of Oregon Corporate Activity Estimated Tax. Important reminders • Form OR-CAT-EXT, Application for Extension of Time to File an Oregon Corporate Activity Tax Return. Revenue Online. Revenue Online provides convenient, secure access to tools for managing your Oregon tax account. With Revenue Online, you may: Filing requirements • Register for CAT. Unitary groups • View your tax account. • Make and review payments. A unitary group is a group of entities that: • View correspondence we sent you. 1. Is united by more than 50 percent common ownership; • Check the status of your refund. and • File appeals. 2. Has, directly or indirectly between members or parts of • Submit an extension. the enterprise, either a sharing or an exchange of value • Add an authorized representative/POA. shown by: • Submit documents. • Centralized management or a common executive For more information and instructions on setting up your force; Revenue Online account, visit www.oregon.gov/dor. As • Centralized administrative services or functions updates or changes are made to these instructions, they will resulting in economies of scale; or also be posted to our website. • Flow of goods, capital resources, or services showing Note: The CAT return may not be filed through Revenue functional integration. Online. A unitary group shall register, file and pay taxes as a single taxpayer and may exclude receipts from transactions among its members under the CAT. Filing information Unitary business with non-U.S. members. Unitary groups Who must register? may make an election to exclude non-U.S. members from the return if the non-U.S. member has no Oregon commercial Persons or unitary groups with Oregon commercial activity activity or exclusions from commercial activity that would exceeding $750,000 must register for the CAT. Commercial otherwise be sourced to Oregon (including, but not limited activity is the total amount realized by a business from the to, receipts from transactions between members of the uni- transactions and activity in the regular course of their busi- tary group). Refer to OAR 150-317-1025 for further details. ness in Oregon, without deduction for expenses incurred by the business. Commercial activity is realized according to the Designated CAT entity method of accounting used for federal income tax purposes. Any business, or unitary group of businesses, doing busi- Registration is due within 30 days of meeting the $750,000 ness in Oregon may have responsibilities under the CAT. registration threshold. You don’t need to register again if you This includes all business entity types, such as C and S registered in a prior year. A penalty of $100 per month may corporations, partnerships, sole proprietorships, and other be assessed for failing to register, up to $1,000 in a tax year. entities. Unitary groups must designate a single member You must register through Revenue Online. of the unitary group with substantial nexus in this state to register, file and pay the tax on behalf of the group. For Who must file? more information on designated reporting entities, refer to Persons or unitary groups with Oregon commercial activity OAR 150-317-1023. of $1 million or more are required to file a CAT return. E-file What form do I use? We accept calendar year, fiscal year, short year, and amended electronic CAT returns utilizing the IRS Modernized e-file The Oregon CAT program only has one tax return. Tax- platform (MeF). Your tax return software may also allow you to payers will file tax returns on the Form OR-CAT, Oregon make electronic payments when e-filing your original return. Corporate Activity Tax Return. Fiscal filers must use the Form OR-CAT from the year that matches their period begin date. For a list of software vendors or for more information, search Other CAT forms and schedules include: “e-filing” at www.oregon.gov/dor. 150-106-003-1 (Rev. 07-27-23) Page 2 of 21 Form OR-CAT Instructions |
Enlarge image | Federal or other state audit changes Additional information on certain If the IRS or other taxing authority changes or corrects exclusions your federal or other state return for any tax year, you ORS 317A.100(1)(b) must notify us. File an amended CAT return if the federal or other state audit report results in a change to taxable Agents. An agent may exclude property, money and other amounts received or acquired by an agent on behalf of Oregon commercial activity and include a copy of the fed- another in excess of the agent’s commission, fee or other eral or other state audit report. Mail this separately from remuneration. For the agent exclusion to exist, a person (the your current year’s return. If you don’t amend or send a agent) must be acting on behalf of and under the direction copy of the federal or other state report, we have two years and control of another person (the principal), and all the facts from the date we’re notified of the change to issue a defi- and circumstances must be considered. ciency notice. To receive a refund you must file a claim for Auto dealers. A vehicle dealer may exclude receipts realized refund of tax within two years of the date of the federal or from vehicle dealer trades (the sale or transfer of a motor other state report. vehicle from one vehicle dealer to another), provided that the trade is of a new vehicle(s) between franchised dealer- Amended returns ships, or the trade is made for the purpose of resale and Use the form for the tax year you’re amending and check based on the need to meet a specific customer’s preference. the amended box. Always use your current address. If the Vehicle dealers claiming this exclusion for vehicles traded to meet a specific customer preference are required to retain address for the year you’re amending has changed, don’t documentation that shows the transaction meets the require- use the old address. ments necessary to claim the exclusion. The documentation Fill in all amounts on your amended return, even if they’re needs to include the following: the same as originally filed. If you’re amending to change 1. Name, address, and federal ID for both dealers involved exclusions or commercial activity, include detail of all items in the transaction. and amounts. 2. Vehicle description. 3. A statement that the vehicle is purchased for resale. If you change taxable income by filing an original or 4. Date and signature of the purchasing dealer, their amended federal or other state return, you must file an employee or authorized representative. amended CAT return within 90 days of when the original or 5. Dealers must include their dealer license numbers from amended federal or other state return is filed if the change the appropriate licensing jurisdiction. results in a change to commercial activity. Include a copy of 6. The document must include a statement that the trade occurred to meet a specific customer’s preference. your original or amended federal or other state return with your amended CAT return and attach a letter of explanation A sample dealer trade resale certificate can be found in Appen- to your amended return that explains what was amended dix B. Dealers are not required to submit copies of the resale and why. certification document while filing their return. They must retain the resale certification as required in OAR 150-317-1410: You may make payments online for your amended returns Motor Vehicle Resale Certificate—Documentation Required. at www.oregon.gov/dor. Don’t make payments for amended Wholesale or retail sale of groceries returns with Electronic Funds Transfer (EFT). This also applies to e-filed amended returns. For paper returns, you For purposes of the CAT, “groceries” are food and food may pay online or include a check or money order with your items that would be eligible for purchase with Supplemental return. For e-filed returns, you may pay online or send a Nutrition Assistance Program (SNAP) benefits. Essentially, groceries are food and beverages purchased for home con- check or money order separately. If you mail your payment sumption. Food-producing seeds and plants for use in the separate from your return, write “Amended” on the payment purchaser’s garden are also groceries. Receipts from the and include a completed Form OR-CAT-V with the amended wholesale or retail sale of groceries are excluded from the box checked. seller’s commercial activity. Protective claims Retail sales of groceries. A taxpayer may exclude receipts from the retail sale of groceries, provided that the sale meets Don’t file an amended return as a protective claim. Use the following: Oregon Form OR-PCR, Protective Claim for Refund, 150-101-184, Requirement 1: The sale is of a grocery item that would be when your claim to a refund is contingent on a pending court eligible for purchase with SNAP benefits, and decision or legislative action. Notify us within 90 days of the Requirement 2: The seller typically intends or expects that final determination by filing an amended return. Don’t file an the sale of food to the purchaser is for home consumption amended return before the pending action is final. by the purchaser. 150-106-003-1 (Rev. 07-27-23) Page 3 of 21 Form OR-CAT Instructions |
Enlarge image | A seller that typically sells grocery items to final consumers additional wholesaler information including an out-of-state for home consumption is determined based on factors such resale certificate template. as (but not limited to): • Whether the average gross receipts from the sale of grocer- Filing checklist and reminders ies is greater than the average gross receipts from the sale of hot food or prepared food. • Rounding to whole dollars. Enter amounts on the return • Whether the business offers on-site dining facilities or and accompanying schedules as whole dollars only space, and the percentage of floor space dedicated to din- by rounding to the nearest whole dollar amount. (For ing compared to grocery shelves. example, $4,681.55 becomes $4,682; and $8,775.22 becomes • Business advertising and marketing. $8,775). • Due date of your return. Returns are due by the 15th day If a store’s receipts from the sale of hot food or hot prepared of the fourth month following the end of the tax year. food constitutes 80 percent or more of the total receipts that When the 15th day falls on a Saturday, Sunday, or Oregon the store realized from the sale of all food items, the store legal holiday, the due date is the next business day. doesn’t intend to sell, or typically sell, groceries to the final • Extensions. More time to file doesn’t mean more time to consumer for home consumption; therefore, sales from the pay your tax. To avoid penalty and interest, pay tax due store are not excludable as retail sales of groceries. prepayments online, or by mail with Form OR-CAT-V, on Wholesale sales of groceries. A taxpayer may exclude or before the original due date of your return. receipts from the wholesale sale of groceries provided that Note: You must submit your extension before the return the sale meets all of the following requirements: filing deadline. Filing a payment voucher, Form OR-CAT-V 1. The sale is a wholesale sale. isn’t an extension of time to file your tax return. If you’re 2. The sale is of a food item that would be eligible for pur- making an extension payment by mail, send the payment chase with SNAP benefits, and is in a form that can be to: Oregon Department of Revenue, PO Box 14950, Salem resold to the end consumer for home consumption. OR 97309-0950. Include on your check: ○ 3. The sale must be made for the purpose of reselling the Designated CAT entity. Enter the legal name and FEIN. food item, without processing, to the final consumer for If you’re a sole proprietorship without a FEIN, enter your name and SSN. Only enter an FEIN or an SSN. consumption at home. Note: Processing means trans- Don’t enter both. forming or changing the physical characteristics of the ○ “Extension.” food item, including incorporation or consumption of an ○ Tax year. item as an ingredient or component in the production or ○ Daytime phone. manufacture of another item. • Payments. 4. The taxpayer making the wholesale sale must obtain written certification from the purchaser that the grocery ○ Estimated payments and prepayments. Identify all items will be resold at retail without processing and estimated payments claimed by completing Schedule are intended for, or typically purchased by, the final OR-ES-CAT on pages 5 and 6 of your return. List all pay- consumer for home consumption. ments that were submitted prior to filing your return. Include the name and FEIN of the entity that submitted Any document may serve as verification, provided that it each payment. Missing or incomplete information on contains the date of the purchase, the purchaser’s name and payments made by an affiliate could result in a billing. address, the items purchased and purchase amount, and ver- ○ Online payments. You can log into your Revenue Online ification from the purchaser of the amount of the purchase account and make a payment. If you make a non-logged that will be resold, without processing, to the final consumer in payment, you will need the CAT Account ID. If you for home consumption. A wholesale seller isn’t required to don’t know your CAT Account ID, you can find it by obtain separate verification if the purchase was made for the logging into your Revenue Online account. Your CAT purpose of resale without further processing, and Account ID can also be found on letters from the Depart- (A) The purchaser is a qualified SNAP retailer with a ment regarding your entity’s CAT account. ○ current permit to accept SNAP benefits from the U.S. Making electronic payments with your e-filed return. Department of Agriculture; or We accept electronic payments when e-filing your (B) The purchaser is a store that meets the required quali- original return. ○ Making check or money order payments with your fications to be a SNAP retail food store under 7 U.S.C. paper return. Make your check or money order payable 2012(o)(1), (2), (4) or (5). to Oregon Department of Revenue. Write the following The wholesale seller must retain documentation that, at the on your check or money order: time of sale, the items were sold and delivered to a purchaser — Federal employer identification number (FEIN) or that meets the requirements in (A) or (B). See Appendix B for Social security number (SSN) if a sole proprietor. 150-106-003-1 (Rev. 07-27-23) Page 4 of 21 Form OR-CAT Instructions |
Enlarge image | — Tax year. Payment options — Daytime phone. Important: For details about making payments with your ○ To speed up processing: return, see “Filing checklist.” — Don’t use Form OR-CAT-V payment voucher. — Don’t staple payment to the return. Estimated payments may be made by electronic funds — Don’t send cash or postdated checks. transfer (EFT), online, or by check. You can make EFT pay- — Don’t use red or purple or any gel ink. ments through Revenue Online or through your financial institution. To learn more about how to make payments, visit ○ Sending check or money order payments separate from our website. If you pay by EFT, don’t send Form OR-CAT-V, your return. Follow the instructions above, except don’t Oregon Corporate Activity Tax Payment Voucher. include with your return. Mail separate payments with Form OR-CAT-V to: Mail. If paying by mail, send each payment with a Form OR-CAT-V, payment voucher, to: Oregon Department of Oregon Department of Revenue Revenue, PO Box 14950, Salem OR 97309-0950. Include on PO Box 14950 your check: Salem OR 97309- 0950 • Federal employer identification number (FEIN) or Social Don’t use this address for filing your return. security number (SSN) if a sole proprietor. • Assembling and submitting your return. Submit your • Tax year. Oregon return forms in the following order: • Daytime phone. 1. Form OR-CAT, Oregon Corporate Activity Tax Return; Estimated payments worksheet (see instructions 2. Schedule OR-AF-CAT, Schedule of Affiliates; below worksheet) 3. Schedule OR-EXC-CAT, Exclusions from commercial activity. Line 1. Oregon commercial activity after exclusions. 1.__________ Tax-due returns, without payment voucher, mail to: Line 2. Apportioned expenses. (greater of Oregon Department of Revenue cost inputs or labor costs). 2.__________ PO Box 14790 Line 3. Subtraction percentage. 3. 0.35 Salem OR 97309-0470 Line 4. Cost subtraction. Multiply line 2 Refunds or no tax-due returns, mail to: by line 3. 4.__________ Oregon Department of Revenue Line 5. Taxable commercial activity. PO Box 14777 Subtract line 4 from line 1. 5.__________ Salem OR 97309-0960 Line 6. Commercial activity threshold. 6. $1,000,000 Line 7. Taxable commercial activity in Estimated tax payments excess of $1 million threshold. Subtract line 6 from line 5. 7.__________ Requirements. Oregon CAT estimated payment require- Line 8. Tax rate. 8. 0.0057 ments aren’t the same as federal estimated tax payment requirements. You must make estimated tax payments if Line 9. Gross corporate activity tax. you expect to owe tax of $5,000 or more. Multiply line 7 by line 8. 9.__________ If you don’t make estimated payments as required, you may Line 10. Base tax. 10. $250 be subject to a quarterly underpayment penalty. Line 11. Annual corporate activity tax. Add line 9 to line 10. 11.__________ Payment due dates Line 12. Estimated payment amount. Estimated tax payments are due quarterly, as follows: Divide line 11 by the number of Calendar year filers: April 30, July 31, October 31, and Janu- estimated payments. 12.__________ ary 31. Instructions for estimated payments Fiscal year filers: The last day of the 4th, 7th, and 10th month, Line 1: Amount of commercial activity sourced to Oregon. and the last day of the first month following the end of your Determine the total amount of commercial activity sourced tax year. to Oregon that the business realized over the course of the If the due date falls on a Saturday, Sunday, or Oregon legal year. Don’t include receipts from items that are specifically holiday, use the next regular business day. excluded from commercial activity. 150-106-003-1 (Rev. 07-27-23) Page 5 of 21 Form OR-CAT Instructions |
Enlarge image | Line 2: Apportioned expenses. You can claim the greater of Seasonal taxable commercial activity your labor costs or cost inputs. Remember that expenses can’t be claimed if they are not associated with commercial activ- Underpayment charges won’t be imposed if each estimated ity. For example, if you have costs associated with receipts payment is equal to or more than 22.5 percent of the total you are excluding from commercial activity, you can’t claim tax due based on the amount of Oregon taxable commercial those costs. activity. Seasonal commercial activity installments are cal- culated as follows:1 • Labor costs means total compensation of all employees, not to include compensation paid to any single employee 1. Taxable commercial activity for all in excess of $500,000. months during the taxable year. 1.__________ • Cost inputs means the cost of goods sold as calculated 2. Divide line 1 by the base period in arriving at federal taxable income under the Internal percentage 2for all months during the Revenue Code. taxable year. 2.__________ Line 4: Cost subtraction. The amount of the cost subtraction 3. Determine the tax on line 2. 3.__________ is limited to 95 percent of your commercial activity. This means that your cost subtraction can’t be more than the 4. Multiply line 3 by the base period amount on line 1 multiplied by 95 percent. percentage for the filing month and all months during the taxable year Line 5: Taxable commercial activity. If your taxable com- preceding the filing month. 4.__________ mercial activity is equal to or less than $1,000,000, stop. You 1 don’t need to make any estimated payments. Taxpayers may only calculate seasonal commercial activity if the base period percentage for any six consecutive months of the taxable year is at least 70 percent. Line 12: Estimated payment amount. Divide line 11 by the 2 The base period percentage for any period of months is the average percent that number of installment payments. For most businesses, this the taxable commercial activity for the corresponding months in each of the three preceding taxable years bears to the taxable commercial activity for the three pre- will require four installments. ceding years. Example 1 Unitary group returns TV Mart has $10 million of Oregon commercial activity. If a unitary group CAT return is filed, any underpayment TV Mart has $3,999,996 of labor cost and $3,714,282 of cost shall be computed on a combined basis. Each entity of the inputs. TV Mart computes its Oregon estimated payments unitary group shall be jointly and severally liable for the as follows: payment of the estimated tax liability. Line 1. Oregon commercial activity after exclusions. 1. $10,000,000 Return instructions Line 2. Expenses. (greater of cost inputs or labor costs). 2. $3,999,996 Heading and checkboxes Line 3. Subtraction percentage. 3. 0.35 Fiscal year beginning and fiscal year ending. CAT taxpayers Line 4. Cost subtraction. Multiply line 2 who use a fiscal tax year other than the calendar year for by line 3. 4. $1,399,999 federal tax purposes under Internal Revenue Code Section Line 5. Taxable commercial activity. 441 must use their fiscal year for CAT. Subtract line 4 from line 1. 5. $8,600,001 Calendar year filers should leave these fields blank. Line 6. Commercial activity threshold. 6. $1,000,000 Extension checkbox. Check this box if you submitted an Line 7. Taxable commercial activity in extension. excess of $1 million threshold. Subtract line 6 from line 5. 7. $7,600,001 Amended checkbox. Check the amended box if this is an amended return. Line 8. Tax rate. 8. 0.0057 Accounting period change checkbox. Check this box only Line 9. Gross corporate activity tax. if both of the following apply: Multiply line 7 by line 8. 9. $43,320.00 Line 10. Base tax. 10. $250 The CAT return covers a period of less than 12 months; and Line 11. Annual corporate activity tax. The short-period return is due to a qualified change in Add line 9 to line 10. 11. $43,570.00 accounting period per IRC §§441 to 444. Line 12. Estimated payment amount. Note: A short-period return doesn’t automatically constitute Divide line 11 by the number of a qualified change in accounting period. A taxpayer that isn’t estimated payments. 12. $10,893.00 engaged in commercial activity for the entire year shouldn’t check this box. This includes subsidiaries that join or leave a combined filing group, and newly formed or dissolved entities. 150-106-003-1 (Rev. 07-27-23) Page 6 of 21 Form OR-CAT Instructions |
Enlarge image | Short year checkbox. Check this box if you are filing a short E. Legal entity type. Enter the legal entity type if it is dif- year return. A short year is a tax year of less than 12 months. ferent from your tax entity type. Most short-year returns must prorate the tax rate threshold F. Consolidated federal return. Check this box if you filed of $1 million provided in ORS 317A.125 and 317A.137 as fol- a consolidated federal return. Include a list of the corpo- lows: Number of days in the short period divided by 365 rations included in the consolidated federal return with days multiplied by $1 million. The $500,000 annual labor your Oregon CAT return as an attachment. cost limit for any single employee must also be prorated. Proration is not required for short-year returns filed for Combined Oregon return. Check this box if this is a newly formed or dissolved entities that were not engaged combined Oregon CAT return. in commercial activity for the entire year. Entities included in consolidated federal return, but not Short year dates. Enter the dates that your tax year began in Oregon return. Check this box if it applies. Include a and ended. list of entities included in the consolidated federal return that aren’t included in this Oregon CAT return. List each Legal name of designated CAT entity. Enter the legal name of entity’s name and FEIN. Include this attachment with designated CAT entity (sole proprietor—complete line below) your Oregon CAT return. FEIN. Enter the federal employer identification number Entities included in combined Oregon CAT return, but (FEIN) of the entity named on the Oregon return. not in federal return. Check this box if it applies. Include First name (if sole proprietorship), initial, last name, and each entity’s name and FEIN as an attachment with your Oregon CAT return. SSN. If you’re a sole proprietorship without an FEIN, enter your name and Social Security number (SSN). Only list Elect to file as modified unitary group. Check this box either an FEIN or an SSN, not both. if you are electing to exclude non-U.S. members with no commercial activity, or amounts realized but by Deceased. If you’re filing for someone who died in 2023, definition are excluded from commercial activity, that check the “Deceased” box. is sourced to Oregon. DBA. If the entity is doing business under a different name, G. Name and FEIN of parent corporation, if different than for example, DBA or ABN, enter that name. designated CAT entity (if applicable). If the filing corpo- Current address, city, state, zip code, country (if other than ration (shown above as legal name) is a subsidiary in an US). Always enter the entity’s current address. If the address affiliated group, or a subsidiary in a parent-subsidiary for the year you’re filing was different, don’t use the old controlled group, enter the name and FEIN of the parent address. corporation. For definition of a subsidiary in an affili- ated group or a parent-subsidiary controlled group, see Business information federal Form 1120, Schedule K. A. Incorporated in (state), incorporated on (date). Enter H. Number of affiliates included in this return (You must the state in which your entity was incorporated and the include Schedule OR-AF-CAT if this is a combined date it became incorporated on. return). Enter the total number of affiliates doing busi- B. State of commercial domicile. Enter in the state of your ness in Oregon that are included in this return. Both the commercial domicile. designated entity and the entities on the OR-AF-CAT C. Business activity code. Refer to the current list of North should be included in the count. American Industry Classification System (NAICS) codes I. If first return, indicate if you are a new business or a found with your federal tax return instructions. successor to a previous business. Enter the name and D. Tax entity type. Enter the code from the following list FEIN of the previous business. that matches the tax entity type of your designated CAT entity. J. If final return, indicate: Withdrawn o Dissolvedo Code Entity type o Merged or reorganized. Enter the name and FEIN of merged or reorganized business. CC C corporation SC S corporation K. o Financial institution. Check this box only if the entity PA Partnership is a financial institution. CAT defines financial institu- SP Sole proprietorship tions under ORS 314.610 except CAT excludes credit LC LLC organized as a corporation unions from this definition. LP LLC organized as a partnership L. o Insurer. Check this box if the entity is an insurer. LL Limited liability partnership CAT defines insurers as any domestic, foreign, or alien AT Association/trust insurer, any interinsurance and reciprocal exchange QS Qualified subchapter S subsidiary as found in Corporate Excise Tax, ORS 317.010. The SM Single-member LLC definition of insurers doesn’t include title insurers or OF Other foreign entity health care service providers operating pursuant to ORS 150-106-003-1 (Rev. 07-27-23) Page 7 of 21 Form OR-CAT Instructions |
Enlarge image | 750.005 to 750.095. Foreign or alien insurers subject to the benefits, but it doesn’t include the employer’s portion of Oregon retaliatory tax under ORS 731.854 & 859 are an payroll taxes paid or compensation in excess of $500,000 excluded person not subject to the CAT. paid to any single employee. M. Farming operation. Check this box if the entity is a For purposes of the CAT, “employee” means an individ- farming operation. CAT defines farming operation as ual who provides services under the control of another an entity doing business in a sector described under person or organization. Generally, an individual will be codes 111, 112 or 115 of the North American Industry considered an employee if the person or organization Classification System. that receives the services is subject to industrial accident Line instructions insurance, unemployment compensation, federal Social Security, or federal tax withholding for that individual. 1. Oregon commercial activity plus exclusions. Report the “Employees” doesn’t include: Oregon sourced commercial activity plus exclusions that are taken on line 2. Commercial activity (on line • Partners in a partnership who receive guaranteed 3) means the fair market value of all amounts realized payments or distributive income. in the regular course of a taxpayer’s trade or business • Members in a limited liability company (LLC) who that meet the transactional test in OAR 150-314-0335(5). receive guaranteed payments or distributive income. This can include, but isn’t limited to, money, property • Statutory employees described in the Internal Rev- received, debt forgiven, and services rendered. Com- enue Code (IRC) Section 3121(d)(3). mercial activity doesn’t include amounts that only meet • Independent contractors as defined in ORS 670.600. the functional test in OAR 150-314-0335(6). General method. Report the excess of total labor costs 2. Total exclusions from commercial activity (must attach everywhere over the amount of labor costs that are ineligi- schedule OR-EXC-CAT). Use Schedule OR-EXC-CAT to ble. Ineligible costs are expenses from transactions among report the amount and description code of each exclusion. members of a group, as excluded under ORS 317A.106 or Use the description code from the list in Appendix A. The labor costs that are attributable to receipts from an item that total of all exclusions is entered on Form OR-CAT, line 2. wouldn’t be commercial activity if sourced to Oregon. 3. Oregon commercial activity. Subtract line 2 from line 1 Substitute method. Report total labor costs everywhere to determine Oregon commercial activity. reduced by expenses from transactions among members Substitute method checkbox. Check box if electing of a group, as excluded under ORS 317A.106. to determine your CAT subtraction using the substi- 7. Apportionment percentage of subtraction. Include an tute method and complete lines 4 through 8 using the attachment showing calculations. You must include a instructions for the substitute method. Leave unchecked percentage amount on line 7 or your subtraction may to determine your CAT subtraction using the general be disallowed. method and complete lines 4 through 8 using the instructions for the general method. General method. Report the filing entity’s Oregon 4. Cost inputs. “Cost inputs” means the cost of goods apportionment percentage. Refer to ORS 317A.119(3) for sold (COGS) as calculated in arriving at federal taxable details on determining the proper percentage. income under the Internal Revenue Code. Enter 100.0000 if all commercial activity is sourced to General method. Report the excess of total cost inputs Oregon. everywhere over the amount of cost inputs that are Rounding. When computing the percentage, round the ineligible costs. Ineligible costs are expenses from percentage to four decimal places. For example, 12.34558 transactions among members of a group, as excluded percent should be 12.3456 percent. under ORS 317A.106 or cost inputs that are attributable to receipts from an item that wouldn’t be commercial If you are filing as an entity that is identical to the entity activity if sourced to Oregon. or the group of entities reporting on the apportionment schedule filed for purposes of Oregon income or excise Substitute method. Report total cost inputs everywhere reduced by expenses from transactions among members tax, report the apportionment percentage included on of a group, as excluded under ORS 317A.106. your most recent Oregon income or excise tax return • Farming operations. For a farming operation that covering a 12-month period. doesn’t report cost of goods sold for federal tax If you are filing as a group of entities that isn’t identi- purposes, “cost inputs” means operating expenses, cal to the group of entities reporting on apportionment excluding labor costs. schedule filed for the purposes of Oregon income or 5. Labor costs (not to exceed $500,000 for any single excise tax, you must compute your Oregon apportion- employee). Labor costs include most types of compen- ment factor using the applicable apportionment method sation paid to employees, such as wages, health insur- under ORS chapters 314 or 317. Include an attachment ance benefits, retirement benefits, and any other fringe showing your calculations. 150-106-003-1 (Rev. 07-27-23) Page 8 of 21 Form OR-CAT Instructions |
Enlarge image | If you are a filing as a group of entities with members such as single-family detached or semidetached houses subject to multiple apportionment methods, include an and townhouses or row houses where each housing unit: attachment showing your calculations for each appor- • Is separated from the adjacent unit by a ground-to- tionment method and a list of the entities included on roof wall; the return that each apportionment method applies to. • Has no housing units constructed above or below; Alternative apportionment request included. Check this • Doesn’t share heating or air-conditioning systems; box if you have included a request for alternative appor- and tionment with your return. See Appendix C for complete • Doesn’t share utilities. information. This box is used to denote requests only. 13. Taxable Oregon commercial activity in excess of $1 mil- You may not use an alternative apportionment method lion threshold. If you are filing a short-year return, the until the department approves your request in writing. $1 million threshold must be prorated for the number of Don’t check this box if you are using the substitute days to which the short year return is applicable. Your method of the CAT subtraction. The substitute method threshold is calculated as follows: Number of days in isn’t an alternate apportionment method. the short period divided by 365 multiplied by $1 mil- Substitute method. You may, in lieu of calculating and lion. Subtract your prorated threshold from your taxable apportioning eligible costs, elect to approximate and appor- Oregon commercial activity on line 11. tion eligible costs by means of the commercial activity ratio. 16. Total CAT (line 14 plus line 15). If the amount on line 11 Calculate the commercial activity ratio as follows: is less than line 12, enter 0. Enter your total CAT here. If your total taxable commercial activity reported on Divide commercial activity sourced to Oregon on line 3 line 11 is below the $1 million threshold, you don’t owe. by the sum of commercial activity everywhere and the Enter 0 on this line. Don’t enter the base tax from line following amounts excluded under ORS 317A.100(1)(b): 15 if your taxable commercial activity is below the $1 (Q), (Y), (AA), (DD), (EE), (TT), and (VV). Receipts from million threshold. transactions among unitary group members are not included in either the numerator or denominator. 17. 2023 Estimated CAT payments and other prepayments from Schedule OR-ES-CAT line 7. Include payments 8. Multiply line 6 by line 7. This is your CAT subtraction. made with extension. Report the total amount of If you are a filing as a group of entities with members estimated tax payments, extension payments or other subject to multiple apportionment methods, you must prepayments for the 2023 tax year. figure your CAT subtraction as follows: Schedule OR-ES-CAT Estimated Tax Payments and Other • Separate the group into subgroups. Each subgroup Prepayments instructions: Fill in the total estimated consists of members that use the same apportion- tax payments made before filing your Oregon return. ment method. Include any payments made with Form OR-CAT-V on • Separate the costs reported on line 4 or 5, whichever lines 1–4. List name and FEIN of the payer only if dif- is greater, and assign them to each subgroup based ferent from the entity filing this return. on the costs attributable to the members of that subgroup. Note: Combined return filers. If estimated payments • Multiply the costs assigned to each subgroup by 35 were made under a different name, fill in the paying percent. This is the subgroup’s eligible costs. entity’s name and FEIN on Schedule OR-ES-CAT for the • Multiply the subgroup’s eligible costs by the sub- correct application of estimated payments. group’s apportionment factor. This is the CAT sub- Caution: Missing or incomplete information on payment traction attributable to the subgroup. made by an affiliate could result in a billing. • Sum the CAT subtractions attributable to each sub- group and report the amount on line 8. Include an • Enter overpayment of another year’s tax applied as a attachment showing your calculations. credit against this year’s tax on line 5. • Enter payments made with your extension or other Refer to OAR 150-317-1200 for further details on calculat- prepayments on line 6. ing your subtraction. • Carry the total from line 7 to Form OR-CAT, line 17. 10. Subcontractor exclusion (ORS 317A.122). If you are a 20. Penalty due with this return. Calculate and enter the general contractor and incurred labor costs for single- following penalties on this line, if applicable: family residential construction located in Oregon, you Quarterly underpayment penalty. See section on Form OR may qualify for the subcontractor labor payment exclu- QUP CAT instructions. sion. The exclusion is 15 percent of the labor costs paid to a subcontractor. It doesn’t include payments made for Failure to register penalty. If you haven’t previously regis- materials, land or permits and isn’t allowed for payments tered for the CAT, include a penalty if you failed to register between subcontractors. Single-family residential construc- within 30 days of exceeding $750,000 in commercial activity tion means the construction of new single-family housing for the tax year. The penalty isn’t to exceed $100 per month 150-106-003-1 (Rev. 07-27-23) Page 9 of 21 Form OR-CAT Instructions |
Enlarge image | per person or unitary group that has failed to register, up to due date (including extensions) of the third year. A 100 per- a maximum of $1,000 for the year. To calculate your penalty, cent penalty is assessed on each year’s tax balance. take the date on which your commercial activity exceeded 23. Amount of refund you want applied to your estimated $750,000 and add 30 days. For the remaining months of the tax account. You may elect to apply part or all of your taxable year, include a $100 penalty, not to exceed $1,000. refund to your next year’s estimated tax payments. Fill (ORS 317A.131) You may use the worksheet below to calculate in the amount you want to apply. Your election is irrevo- this penalty. cable. Elected amounts that are attributable to estimated Line 1 Date exceeding $750,000 xx/xx tax payments received prior to the following year’s first quarter estimated tax due date will be applied as Enter $100 for each month that is applicable based a timely first quarter installment of the following year. on line 1 Elected amounts attributable to payments received after January N/A the following year’s first quarter estimated tax due date will be applied to the following year’s estimated tax Line 2 February $100.00 account as of the date the payment is received. Line 3 March $100.00 Line 4 April $100.00 Schedule OR-AF-CAT instructions Line 5 May $100.00 Line 6 June $100.00 If you file a combined Oregon CAT return you must com- Line 7 July $100.00 plete Schedule OR-AF-CAT and submit it with your Oregon Line 8 August $100.00 return. This form is listed at www.oregon.gov/dor. Line 9 September $100.00 Schedule OR-AF-CAT should list only those affiliates with Line 10 October $100.00 Oregon commercial activity that are included in the com- Line 11 November $100.00 bined Oregon CAT return. Don’t include the designated CAT Line 12 December $100.00 entity on the Schedule OR-AF-CAT. Report the following on Schedule OR-AF-CAT: Line 13 Subtotal $1,100.00 • Name and address of each affiliate with Oregon com- Line 14 Maximum of $1,000 $1,000.00 mercial activity. • FEIN. Line 15 Enter the lesser of line 13 or 14 $1,000.00 • Date the affiliate became part of the unitary group only if 5 percent failure-to-pay penalty. Include a penalty payment this occurred during the tax year being reported. of 5 percent of your unpaid tax if you don’t pay by the origi- • Date the affiliate left the unitary group only if this nal due date, even if you have an extension of time to file. occurred during the tax year being reported. • Amount of Oregon commercial activity. Exception: You won’t be charged the 5 percent failure-to- • Affiliate’s business activity code. pay penalty if you meet all of the following requirements: • Enter the two letter code from the following list that ○ You have a valid federal or Oregon extension, and matches the tax entity type of the affiliate. ○ You pay at least 90 percent of your tax after credits by Code Entity type the original due date of the return, and ○ You file your return within the extension period, and CC C corporation ○ You pay the balance of tax due when you file your SC S corporation return, and PA Partnership ○ You pay the interest on the balance of tax due when you SP Sole proprietorship file your return or within 30 days of the date of the bill LC LLC organized as a corporation you receive from us. LP LLC organized as a partnership LL Limited liability partnership 20 percent failure-to-file penalty. Include a penalty pay- AT Association/trust ment of 20 percent of your unpaid tax if you don’t file your QS Qualified subchapter S subsidiary return within three months after the original filing due date SM Single-member LLC (including extensions). The failure-to-file penalty is in addi- OF Other foreign entity tion to the 5 percent failure-to-pay penalty. • Enter the two letter code if the affiliate’s legal entity type 100 percent late pay and late filing penalty. Include a pen- if it is different from their tax entity type. alty payment of 100 percent of your unpaid tax if you don’t • Include as many schedules as necessary to list all affiliates file returns for three consecutive years by the original filing in your CAT unitary group. 150-106-003-1 (Rev. 07-27-23) Page 10 of 21 Form OR-CAT Instructions |
Enlarge image | Schedule OR-EXC-CAT instructions Taxpayers are not required to submit documentation to the department unless requested. Use this form to report exclusions from commercial activity Part 2: Quarterly underpayment calculations on your Oregon Corporate Activity Tax Return. Use codes Quarter 1 from the Appendix A to identify which exclusions you are Line 8a: Enter the lesser amount of lines 3a, 4a, 5a, or 6a. claiming. If you are claiming multiple exclusions, list out Line 8b: Enter the amount of estimated tax paid or credited each one individually. Make a copy of this form if you have for the quarter. more than 9 exclusions from commercial activity. Line 8c: Subtract line 8a from line 8b. If the result is a nega- Report the following on the Schedule OR-EXC-CAT: tive number, enter 0. Line 8d: Subtract line 8b from line 8a. If the result is a nega- • Exclusion code. tive number, enter 0. • Exclusion amount (can’t be a negative). Line 8e: Multiply the amount on line 8d by 0.05. This is your • Total amount of exclusions. total underpayment penalty for the quarter. Quarter 2 Form OR-QUP-CAT instructions Line 9a: Enter the lesser amount of lines 3b, 4b, 5b, or 6b. Line 9b: Enter the amount of estimated tax paid or credited You must make estimated tax payments if you expect to for the quarter. owe tax of $5,000 or more. Failure to make the quarterly esti- Line 9c: Enter the amount of overpayment form line 8c. mated payments may result in a 5% penalty being assessed Line 9d: Enter the sum of lines 9b and 9c. on the amount of underpayment. Line 9e: Subtract line 9a from line 9d. If the result is a nega- Part 1: Figuring the exceptions. tive number, enter 0. Line 9f: Subtract line 9d from line 9a. If the result is a nega- Exceptions: Lines 3, 4, 5, and 6 tive number, enter 0. The quarterly underpayment penalty won’t be imposed Line 9g: Multiply the amount on line 9f by 0.05. This is your if each estimated tax payment is equal to or more than 25 total underpayment penalty for the quarter. percent of any one of the following: Quarter 3 • Lines 3a–3d, Exception 1: Current year CAT liability. For Line 10a: Enter the lesser amount of lines 3c, 4c, 5c, or 6c. tax years beginning on or after January 1, 2022, 90 percent Line 10b: Enter the amount of estimated tax paid or credited of the tax for the tax year. for the quarter. • Line 4a–4d, Exception 2: Prior year CAT liability. Line 10c: Enter the amount of overpayment from line 9e • Line 5a–5d, Exception 3: 90% of the tax computed on annu- Line 10d: Enter the sum of lines 10b and 10c. alized commercial activity. Line 10e: Subtract line 10a from line 10d. If the result is a • Line 6a–6d, Exception 4: 90% of the tax computed on sea- negative number, enter 0. sonal commercial activity. Line 10f: Subtract line 10d from line 10a. If the result is a negative number, enter 0. The department won’t assess penalties for underestimating Line 10g: Multiply the amount on line 10f by 0.05. This is quarterly payments if the business has made a good-faith your total underpayment penalty for the quarter. effort to comply. The department also won’t assess a penalty for failure to make a quarterly payment if a business doesn’t Quarter 4 have the financial ability to make the estimated payment. A Line 11a: Enter the lesser amount of lines 3d, 4d, 5d, or 6d. good-faith effort can be demonstrated by the extent of the Line 11b: Enter the amount of estimated tax paid or credited taxpayer’s efforts to accurately estimate and pay the required for the quarter. quarterly installment. Use exception 5 on Form OR-QUP- Line 11c: Enter the amount of overpayment from line 10e. CAT for good-faith effort. Business taxpayers should keep Line 11d: Enter the sum of lines 11b and 11c. documentation showing: Line 11e: Subtract line 11a from line 11d. If the result is a negative number, enter 0. • The taxpayer can show that they had no ability to deter- Line 11f: Subtract line 11d from line 11a. If the result is a mine whether they will have CAT liability for the 2023 negative number, enter 0. tax year, after taking into consideration exclusions and Line 11g: Multiply the amount on line 11f by 0.05. This is subtractions provided in ORS Chapter 317A. your total underpayment penalty for the quarter. • The taxpayer made a reasonable estimate of the install- Line 12: Enter the sum of lines 8e, 9g, 10g, and 11g. This is ment based on information available to them at the time. your total penalty owed for all 4 quarters. • The taxpayer relied on information contained in a pro- posed administrative rule. Taxpayers must use the best Example information available and document all information and Your tax liability at the end of the year was $10,000 and you assumptions relied upon. didn’t pay at least $2,250 ($10,000 tax ÷ 4 quarters = $2,500 150-106-003-1 (Rev. 07-27-23) Page 11 of 21 Form OR-CAT Instructions |
Enlarge image | and 90% of $2,500 is $2,250) in each quarter. Your penalty is Multiply by 5% x 0.05 calculated for each quarter of estimated tax payment. (Only Quarter 1 penalty 23 exception 1 is applicable in this example.) Quarter 4 minimum estimated payment due 2,250 Less payment made (1,300) End of year tax liability $10,000 Less $250 credit from Quarter 3 overpayment (250) Divide by four ÷ 4 Underpayment 700 Quarterly estimated payments 2,500 Multiply by 5% x 0.05 Multiply by 90% 0.90 Quarter 4 penalty 35 Required minimum quarterly payment 2,250 Payments made: Do you have questions or need help? Quarter 1 1,800 Quarter 2 2,250 www.oregon.gov/dor Quarter 3 2,500 503-945-8005 Quarter 4 1,300 Monday–Friday 8:00 a.m. to 4:00 p.m. Phones are closed on holidays, and 10:00–11:00 a.m. Wednesdays. Penalty must be calculated on quarters 1 and 4. Cat.help.dor@ oregon.gov Quarter 1 minimum estimated payment due 2,250 Less payment made (1,800) Contact us for ADA accommodations or assistance in other Underpayment 450 languages. 150-106-003-1 (Rev. 07-27-23) Page 12 of 21 Form OR-CAT Instructions |
Enlarge image | Appendix A 2023 Form OR-CAT Corporate Activity Tax Schedule OR-EXC-CAT codes Exclusions from commercial activity Description Citation Code Interest income. ORS 317A.100(1)(b)(A) 700 Receipts from the sale, exchange or other disposition of an asset. ORS 317A.100(1)(b)(B) 701 If received by an insurer, federally reinsured premiums or income from transactions ORS 317A.100(1)(b)(C) 702 between a reciprocal insurer and its attorney in fact. Receipts from hedging transactions. ORS 317A.100(1)(b)(D) 703 Proceeds received attributable to the repayment, maturity or redemption of the principal of a loan, bond, mutual, fund, certificate of deposit or marketable ORS 317A.100(1)(b)(E) 704 instrument. Principal amounts received under a repurchase agreement or loan. ORS 317A.100(1)(b)(F) 705 Contributions received by a trust, plan or other arrangement. ORS 317A.100(1)(b)(G) 706 Compensation received. ORS 317A.100(1)(b)(H) 707 Proceeds received from the issuance or sale a taxpayer’s own stock. ORS 317A.100(1)(b)(I) 708 Proceeds received from insurance policies owned by the taxpayer. ORS 317A.100(1)(b)(J) 709 Gifts or charitable contributions received, membership dues received by trade, professional, homeowners’ or condominium associations, payments received for educational courses, meetings or meals, or similar payments to a trade, ORS 317A.100(1)(b)(K) 710 professional or other similar association, and fundraising receipts received by any person when any excess receipts are donated or used exclusively for charitable purposes. Damages received as the result of litigation in excess of amounts that, if received ORS 317A.100(1)(b)(L) 711 without litigation, would be treated as commercial activity. Property, money and other amounts received or acquired by an agent on behalf of ORS 317A.100(1)(b)(M) 712 another in excess of the agent’s commission, fee or other remuneration. Tax refunds, other tax benefit recoveries and reimbursements. ORS 317A.100(1)(b)(N) 713 Pension reversions. ORS 317A.100(1)(b)(O) 714 Contributions to capital. ORS 317A.100(1)(b)(P) 715 Receipts from the sale, transfer, exchange or other disposition of motor vehicle fuel. ORS 317A.100(1)(b)(Q) 716 Federal and state excise taxes paid on cigarettes or tobacco products. ORS 317A.100(1)(b)(R) 717 Federal and state excise taxes paid on alcoholic beverages. ORS 317A.100(1)(b)(S) 718 Federal and state excise taxes paid on marijuana items. ORS 317A.100(1)(b)(T) 719 Local taxes collected by a restaurant or other food establishment on sales of ORS 317A.100(1)(b)(U) 720 meals, prepared food or beverages. Tips or gratuities collected by a restaurant or other food establishment and passed ORS 317A.100(1)(b)(V) 721 on to employees. Receipts from vehicle dealer trades to meet a specific customer’s preference or an ORS 317A.100(1)(b)(W) 722 exchange of new vehicles between franchised motor vehicle dealerships. Registration fees or taxes collected by a vehicle dealer at the sale or other transfer of a motor vehicle, that are owed to a third party by the purchaser of the motor ORS 317A.100(1)(b)(X) 723 vehicle and passed to the third party by the dealer. Receipts from a financial institution for services provided to the financial institution in connection with the issuance, processing, servicing and management of loans or credit accounts, if the financial institution and the recipient of the receipts have ORS 317A.100(1)(b)(Y) 724 at least 50 percent of their ownership interests owned or controlled, directly or constructively through related interests, by common owners. Amounts specified under ORS chapter 462 that must be paid to or collected by the Department of Revenue as a tax and the amounts specified under ORS chapter ORS 317A.100(1)(b)(Z) 725 462 to be used as purse money. 150-106-003-1 (Rev. 07-27-23) Page 13 of 21 Form OR-CAT Instructions |
Enlarge image | Appendix A (continued) 2023 Form OR-CAT Corporate Activity Tax Schedule OR-EXC-CAT codes Exclusions from commercial activity Description Citation Code Receipts of residential care facilities as defined in ORS 443.400 or in-home care agencies as defined in ORS 443.305, to the extent that the revenue is derived from or received ORS 317A.100(1)(b)(AA) 726 as compensation for providing services to a medical assistance or Medicare recipient. Dividends received. ORS 317A.100(1)(b)(BB) 727 Distributive income received from a pass-through entity. ORS 317A.100(1)(b)(CC) 728 Receipts from sales to a wholesaler in this state, if the seller receives certification at the time of sale from the wholesaler that the wholesaler will sell the purchased ORS 317A.100(1)(b)(DD) 729 property outside this state. Receipts from the wholesale or retail sale of groceries, including receipts of a person that owns groceries at the time of sale and compensation of any consignee ORS 317A.100(1)(b)(EE) 730 engaged in effecting the sale of groceries on behalf the owner of groceries, but only to the extent that the compensation relates to grocery sales. Receipts from transactions among members of a unitary group. ORS 317A.100(1)(b)(FF) 731 Moneys, including public purpose charge moneys collected under ORS 757.612 and costs of funding or implementing cost-effective energy conservation measures collected under ORS 757.689, that are collected from customers, passed to a ORS 317A.100(1)(b)(GG) 732 utility and approved by the Public Utility Commission and that support energy conservation, renewable resource acquisition and low-income assistance programs. Moneys collected by a utility from customers for the payment of loans through ORS 317A.100(1)(b)(HH) 733 on-bill financing. Surcharges collected under ORS 757.736. ORS 317A.100(1)(b)(II) 734 Power Act Exchange credits or pursuant to any settlement associated with the ORS 317A.100(1)(b)(JJ) 735 exchange credit. Moneys collected or recovered for fees payable under ORS 756.310, right-of-way ORS 317A.100(1)(b)(KK) 736 fees, franchise fees, privilege taxes, federal taxes and local taxes. Charges paid to the Residential Service Protection Fund. ORS 317A.100(1)(b)(LL) 737 Universal service surcharge moneys collected or recovered and paid into the ORS 317A.100(1)(b)(MM) 738 universal service fund. Moneys collected for public purpose funding. ORS 317A.100(1)(b)(NN) 739 Moneys collected or recovered and paid into the federal universal service fund. ORS 317A.100(1)(b)(OO) 740 In the case of a seller or provider of telecommunications services, the amount of tax imposed under ORS 403.200 for access to the emergency communications ORS 317A.100(1)(b)(PP) 741 system that is collected from subscribers or consumers. The amount of tax imposed under ORS 320.305 and of any local transient lodging ORS 317A.100(1)(b)(QQ) 742 tax imposed upon the occupancy of transit lodging. The amount of tax imposed under ORS 320.415 upon retail sales of bicycles. ORS 317A.100(1)(b)(RR) 743 The amount of tax imposed under ORS 307.872 upon the rental price of heavy equipment. ORS 317A.100(1)(b)(SS) 744 Farmer sales to an agricultural cooperative in this state that is a cooperative ORS 317A.100(1)(b)(TT) 745 organization described in section 1381 of the Internal Revenue Code. Revenue received by a business entity that is mandated by contract or subcontract to be distributed to another person or entity if the revenue constitutes sales ORS 317A.100(1)(b)(UU) 746 commissions that are paid to a person who is not an employee of the business entity. Receipts from the sale of fluid milk by dairy farmers that are not members of an ORS 317A.100(1)(b)(VV) 747 agricultural cooperative. Receipts from the sale of prescription drugs sold by an “eligible pharmacy.” Senate Bill 1524 (2022) 748 150-106-003-1 (Rev. 07-27-23) Page 14 of 21 Form OR-CAT Instructions |
Enlarge image | Appendix B Sample certificates Oregon Corporate Activity Tax Motor Vehicle Resale Certificate For purposes of the Corporate Activity Tax (CAT), motor vehicle dealers may exclude receipts realized from the sale or transfer of a motor vehicle to another vehicle dealer, provided that certain requirements are met. In order to qualify for the exclusion, the transaction must meet the following requirements: 1. The transferor and transferee must be licensed motor vehicle dealers; and 2. The transfer must be of a new vehicle between franchised dealerships; or 3. The transfer must be made for the purpose of resale by the transferee vehicle dealer; and 4. The transfer must be based upon the transferee vehicle dealer’s need to meet a specific customer’s preference. Because both the transferee and the transferor may be eligible to claim the exclusion, both motor vehicle dealers must retain documentation demonstrating that the vehicle transfer meets the applicable requirements. In the case of new vehicle transfers between franchised dealerships, documents prepared at the time of transfer will suffice. For trades made for the purpose of resale to meet a specific customer’s request, any document will suffice, provided that it contains the following information: 1. Name, address, dealer license number, and federal tax identification number for both the seller and the purchaser. 2. Vehicle description, including Vehicle Identification Number (VIN), if one exists. 3. A statement that the vehicle is being transferred for resale in order to meet a specific customer’s preference. 4. The signature of the transferee vehicle dealer, the dealer’s employee, or authorized representative of the dealer. 5. Date of execution of the document. The form below is provided by Department of Revenue as an example. Motor vehicle dealers are not required to use this form. Any document containing all of the required information is sufficient. Don’t submit the resale certificate documentation to the Department of Revenue when filing a return. Retain the documentation for your records. You may be asked to provide documentation to verify the transfer meets the exclusion requirements. 150-106-003-1 (Rev. 07-27-23) Page 15 of 21 Form OR-CAT Instructions |
Enlarge image | Oregon Corporate Activity Tax Motor Vehicle Resale Certificate To be completed and signed by the motor vehicle dealer receiving the qualifying motor vehicle Transferee dealership name Dealership Federal Tax Identification number Dealership license number Licensing jurisdiction Transferee street address City, State, Zip Year/Make/Model and VIN (if available) I certify that the transfer of the above listed motor vehicle(s) was for the purpose of resale, and was based on my dealership’s need to meet a specific customer’s preference. Signature of dealer, employee or representative Date Transferer motor vehicle dealer Transferer dealership name Dealership Federal Tax Identification number Dealership license number Licensing jurisdiction Transferer street address City, State, Zip This form shall be retained by both dealers and shall not be submitted to the Oregon Department of Revenue as part of the tax return. 150-106-003-1 (Rev. 07-27-23) Page 16 of 21 Form OR-CAT Instructions |
Enlarge image | Oregon Corporate Activity Tax Are receipts from sales to Oregon wholesalers excludable? Answer: A taxpayer may exclude receipts from sales to Oregon wholesalers if the wholesaler provides the taxpayer with an out-of-state resale certificate showing that the purchased items will be resold out of the state. Any document may serve as an out-of-state resale certificate, provided it contains the required information. Refer to the “Required documentation” section below for information on the out-of-state resale certificate. Information for sellers A seller may only exclude receipts from a sale to a wholesaler in Oregon if the wholesaler provides the seller with an out- of-state resale certificate. The seller must obtain an out-of-state resale certificate from the wholesaler at the time of the sale. Refer to the “Required documentation” section below to ensure you have sufficient documentation to claim the exclusion. Example: Rosslyn LLC manufactures widgets. Rosslyn sells widgets to Twinbrook Wholesalers for $10,000. Twinbrook Wholesalers issues Rosslyn an out-of-state resale certificate at the time of the transaction. The out-of-state resale certificate shows that Twinbrook will resell 80 percent of the purchased widgets to California and Nevada; and 20 percent of the purchased widgets will be resold in Oregon. While Rosslyn realized $10,000 from the sale to Twinbrook, with an out-of- state resale certificate, Rosslyn is able to exclude 80 percent ($8,000) of the receipts from the sale to Twinbrook. Rosslyn will include 20 percent ($2,000) in their commercial activity. Information for wholesalers A wholesaler is a business entity primarily doing business by merchant distribution of tangible personal property to retailers or other wholesalers. A wholesaler in Oregon who purchases property with the intent to resell the property outside of the state may provide the seller with an out-of-state resale certificate. This certificate allows the seller to claim an exclusion for the out-of-state resales, and must be provided at the time of the transaction. Any document may serve as an out-of-state resale certificate, provided it contains the required information. Refer to the “Required documentation” section below for information on the out-of-state resale certificate. A wholesaler must determine the amount of purchased property that will be resold out of Oregon based on the facts at the time it purchases the property. If, at the time of purchase, the wholesaler is unable to determine the amount of purchased property that will be resold outside of Oregon, it may estimate the amount of property to be sold out of state using either the approximation ratio or another method described below, if, at the time of the wholesale purchase, the ratio or other method fairly and accurately reflects estimated out-of-state resales of property delivered from the wholesaler’s Oregon locations. Approximation ratio Commercial activity from Oregon sales in the prior year ÷ Commercial activity from all sales in the prior year The approximation ratio is a fraction. The numerator is the amount of commercial activity the wholesaler realized from all sales to Oregon customers during the prior year. The denominator is the commercial activity realized from all sales everywhere in the prior year. Wholesalers located in multiple states may only include in the ratio commercial activity realized from sales of property delivered from their Oregon locations. Sales of items delivered from a wholesaler’s locations outside of Oregon are not included in the numerator or denominator of the ratio. Example: Alpha Corporation is a wholesaler with one location in Klamath Falls, Oregon. In March 2021, Alpha purchases tangible personal property from Indigo LLC, paying a total price of $500,000. At the time of the transaction, Alpha is unable to determine the exact amount of tangible property that Alpha will resell outside of Oregon. In order to provide Indigo with an out-of-state resale certificate, Alpha uses the approximation ratio based on Alpha’s 2020 commercial activity. In 2020, Alpha realized a total of $2 million dollars of commercial activity from the sale of widgets delivered from its Klamath Falls location to customers everywhere, including $100,000 to Oregon customers delivered from Alpha’s Klamath Falls location. Alpha calculates the approximation ratio by dividing Oregon commercial activity by everywhere commercial activity resulting in an approximation ratio of 0.05. ($100,000 ÷ $2,000,000 = 0.05) 150-106-003-1 (Rev. 07-27-23) Page 17 of 21 Form OR-CAT Instructions |
Enlarge image | Oregon Corporate Activity Tax Alpha applies the approximation ratio of 0.05 to the purchase price ($500,000 x 0.05 = $25,000). Of the total $500,000 widget purchase, Alpha approximates that $25,000 will be resold in Oregon, and $475,000 will be resold outside of Oregon. Alpha provides Indigo with an out-of-state resale certificate documenting that $475,000 worth of the purchased widgets will be resold outside of Oregon. While Indigo realized $500,000 of commercial activity from the sale to Alpha, only $25,000 of receipts from the sale will be included in Indigo’s Oregon commercial activity. Indigo will exclude $475,000. Note: If, at the time of the wholesale sale, the approximation ratio does not fairly represent a wholesaler’s estimated out- of-state sales, the wholesaler may not use the approximation ratio. However, a wholesaler may use a reasonable alternative method that fairly and accurately reflects, at the time of the wholesale sale, the amount that the wholesaler estimates will be resold outside Oregon. A wholesaler who uses an alternative method must document the alternative method used, including how the method was determined, why the approximation ratio based on prior year’s resales from the wholesaler’s Oregon locations is not a fair representation of the wholesaler’s sales at the time of the wholesale purchase, and retain certain informa- tion. Once an alternative method has been used, the wholesaler must continue to use the same method, until the alternative method is no longer a fair and accurate representation of the wholesaler’s out-of-state sales. Refer to OAR 150-317-1400 for further requirements on using alternative methods. Required documentation for out-of-state resale certificates Any document may serve as an out-of-state resale certificate, provided that it contains: • The wholesaler’s legal name and Oregon address; • The wholesaler’s federal tax identification number; • The date of the purchase; • The total amount of purchased property; • The purchase price paid by the wholesaler; • The dollar amount of purchased property that the wholesaler will resell outside of Oregon; and • The signature of the wholesaler, their authorized representative, or employee, certifying that the entity is a wholesaler, as that term is defined in Oregon Revised Statute (ORS) 317A.100(1)(b)(DD). The Oregon Department of Revenue has provided an out-of-state resale certificate form that wholesalers may provide tax- payers to use to document excluded sales. Wholesalers are not required to use the department’s form. Any document with all of the information listed above is sufficient. Sellers must retain the certification for their records. Don’t submit the certificate to the Oregon Department of Revenue unless requested. Farming operations taxpayers seeking information about obtaining certificates from a broker or wholesaler for sales of agricultural commodities, or who want to use industry average percentages, should consult the FAQ “How can farming operations selling agricultural commodities demonstrate out-of-state-sales?” 150-106-003-1 (Rev. 07-27-23) Page 18 of 21 Form OR-CAT Instructions |
Enlarge image | Oregon Corporate Activity Tax Out-of-State Resale Certificate for Sales to Wholesalers A. Wholesaler information Legal name Federal tax identification number Oregon address B. Purchased property Description of purchased property: Date of purchase: Total amount of purchased property: Purchase price: Amount purchased for resale out-of-state (dollar amount): I hereby certify that the purchaser is a wholesaler primarily doing business by merchant distribution of tangible personal property to retailers or other wholesalers. 1 Name of wholesaler, authorized representative, or employee Signature of wholesaler, authorized representative, or employee Don’t attach or submit this form to the Oregon Department of Revenue as part of a tax return. 1ORS 317A.100(1)(b)(DD) 150-106-003-1 (Rev. 07-27-23) Page 19 of 21 Form OR-CAT Instructions |
Enlarge image | Appendix C Oregon Corporate Activity Tax return OR-CAT Alternative apportionment Oregon law allows taxpayers to request an alternative • Include a written petition for alternative apportionment method of apportionment using the instructions below. You with your original or amended return. must receive written authorization from the department • Don’t complete the original or amended return using an before using an alternative method of apportioning your alternative method of apportionment unless/until that subtraction. The substitute method of the CAT subtrac- alternative method of apportionment has been approved. tion isn’t an alternative apportionment method. Don’t • Mail your petition to our normal return filing addresses. check the alternative apportionment box if you use the See “Filing checklist.” substitute method. Note: Clearly identify that you’re requesting alternative Administration apportionment by writing the words “Alternative appor- We will review the alternative apportionment request and tionment request” at the top and adhere to all other require- issue a decision letter. ments. Determinations to amended returns may take longer to process. If your alternative apportionment petition is denied, you may appeal the denial of your petition to Oregon Tax Court Method 2—Alternative apportionment petition as provided in ORS 305.275. submitted separately from your original or If your alternative apportionment petition is approved, you amended return may amend your returns within the normal statute of limi- tations. The approval of your petition will remain in effect • Your written petition must have the title “Alternative unless and until we revoke it during audit or you file a new apportionment request.” petition and receive our approval of the new proposal. • Mail your petition to: Oregon Department of Revenue, CAT Section, 955 Center St NE, Salem OR 97301-2555. Allow at least 6 months for us to make a determination. Also, note that all petitions for alternative apportionment Both methods of petition may result in additional review and documentation requests. • The petition must be signed by the taxpayer or the tax- Instructions payer’s representative. • Your written petition for alternative apportionment can • The petition must fully explain the extent of the taxpayer’s be submitted with your original or amended return business activity in Oregon and why standard or substi- (Method 1) or separate from your original or amended tute apportionment doesn’t fairly and equitably represent return (Method 2). the taxpayer’s business activity in Oregon. • For administrative purposes, we prefer Method 2. • Your petition must fully explain your proposed method of alternative apportionment and explain why this proposed Method 1—Alternative apportionment petition method is more accurate in reflecting business activity submitted with your original or amended return in Oregon than either the standard formula or substitute • Check the alternative apportionment checkbox on line 7 method of apportionment. of the return. Failure to do so could result in your request • The petition must show how the Oregon return (Form being overlooked. This box is to denote requests only. You OR-CAT) would be completed, including the net tax may not use an alternative apportionment method until calculation, using the proposed method of alternative the department approves your request in writing. apportionment. 150-106-003-1 (Rev. 07-27-23) Page 20 of 21 Form OR-CAT Instructions |
Enlarge image | Appendix D Instructions for estimated payments if using the annualized method If you don’t realize your commercial activity evenly through- • Cost inputs means the cost of goods sold as calculated out the year, you may figure your required estimated pay- in arriving at federal taxable income under the Internal ments using the annualized installment method. Revenue Code. Oregon Commercial Activity. Determine the total amount Cost subtraction. The amount of the cost subtraction is lim- of commercial activity sourced to Oregon that the business ited to 95 percent of your commercial activity. This means realized year-to-date. Don’t include receipts from items that that your cost subtraction can’t be more than the total com- are excluded from commercial activity. mercial activity multiplied by 95 percent. Greater of cost inputs or labor costs for the tax year. You Taxable commercial activity. If your taxable commercial are allowed to claim the greater of your labor costs or cost activity after the $1,000,000 threshold is equal to or less then inputs. Remember that expenses can’t be claimed if they are not associated with commercial activity. For example, if you zero, stop. You don’t need to make any installment payments have costs associated with receipts you are excluding from this quarter. commercial activity, you can’t claim those costs. Annualization multiplier. This is 12 months divided by • Labor costs means total compensation of all employees, the number of months in the period. Percentage applied. not to include compensation paid to any single employee This is the percentage amount you must pay to avoid in excess of $500,000. underpayment. Annualized commercial activity worksheet Table 1 First, second, First and second First, second, First quarter third, and fourth quarter and third quarter quarter Oregon commercial activity (year Line 1 to date, minus exclusions) Everywhere expenses (greater of Line 2 cost inputs or labor costs, year to date) Line 3 Subtraction percentage 0.35 0.35 0.35 0.35 Line 4 Multiply line 2 by line 3 Apportionment percentage of Line 5 subtraction Cost subtraction (multiply line 4 by Line 6 line 5) Taxable commercial activity for each Line 7 period (subtract line 6 from line 1) Line 8 Annualization multiplier 4 2 1.3 1 Annualized taxable commercial Line 9 activity (line 7 multiplied by line 8) Line 10 Commercial activity threshold $1,000,000 $1,000,000 $1,000,000 $1,000,000 Annualized taxable commercial Line 11 activity over threshold (subtract line 10 from line 9) Estimated Oregon corporate Line 12 activity tax (multiply line 11 by 0.0057 and add $250) Percentage that applied for each Line 13 22.50% 45% 67.50% 90% period Year-to-date required estimated Line 14 tax amount (multiply line 12 by line 13) Line 15 Other prepayments Installment payment amount Line 16 (subtract line 15 from line 14) 150-106-003-1 (Rev. 07-27-23) Page 21 of 21 Form OR-CAT Instructions |