2023 Oregon Income Tax Form OR-40-N and Form OR-40-P Instructions Nonresident/Part-year Resident Check out our online services Revenue Online is a secure online portal that provides access to your tax account at any time. You can: • Check the status of your refund. • View and print letters from us. • Make payments or schedule future payments. • Securely communicate with us. • Update your information. • Check balances and view your account history. • File an appeal. Visit www.oregon.gov/dor and click on “Revenue Online” to sign up. • April 15, 2024 is the due date for filing your return and paying your tax due. • File electronically—it’s fast, easy, and secure. See “Electronic filing.” • Find out if you qualify for the new Oregon Kids Credit or the earned income credit. See “Tax payments and refundable credits.” • Find out if you qualify for the working family household and dependent care credit. See Schedule OR-WFHDC Instructions for details. • Are you a veteran? Find out about veterans’ benefits at www.oregon.gov/odva. • These instructions aren’t a complete statement of laws or Oregon Department of Revenue rules. If you need more information, see Publication OR-17 or contact us. www.oregon.gov/dor 150-101-048-1 (Rev. 10-04-23) Draft 4 |
Contents Electronic filing ..................................................................3 Filing status ...................................................................11 Federal tax law ...................................................................3 Exemptions ....................................................................12 New information ................................................................4 Federal column instructions, lines 7F–29F ..................14 Important reminders .........................................................4 Oregon column instructions, lines 7S–29S ..................14 General information ..........................................................5 Adjustments ..................................................................16 Do I need to file an Oregon return? .............................5 Additions .......................................................................17 What does income from Oregon sources include? ....5 Subtractions ...................................................................17 Residency .........................................................................6 Oregon percentage .......................................................17 What form do I use? .......................................................6 Deductions and modifications ...................................18 Military personnel ..........................................................7 Oregon tax .....................................................................21 What if I need more time to file? ..................................7 Tax rate charts ..................................................................21 P enalties ...........................................................................7 Credits—nonrefundable ..............................................22 2024 estimated tax ..........................................................8 Tax payments and refundable credits .......................23 What if I need to change my Oregon return Penalties and interest ...................................................28 after filing? ....................................................................8 Amount due and payment options ............................29 General instructions for Forms OR-40-N Refund ............................................................................30 and OR-40-P ......................................................................10 Direct deposit ................................................................31 Check the boxes ............................................................10 Before you file ...............................................................32 Name and address ........................................................11 Avoid processing delays ..............................................33 Tax return mailing addresses .....................................33 Do you have questions or need help? Internet Phone www.oregon.gov/dor 503-378-4988 or 800-356-4222 • Download forms, instructions, and publications. • Access additional information not included in these Monday–Friday, 7:30 a.m.– 5 p.m. instructions. Closed Thursdays from 9:00–11:00 a.m and closed on holidays. Wait times may vary. Revenue Online Contact us for ADA accommodations or assistance in other www.oregon.gov/dor (click on Revenue Online) languages. • Securely communicate with us. • Check your refund status. • Make or schedule payments. In person • View your account history. Offices are located in Salem, Portland, Eugene, Bend, • Find out how much you owe. Gresham, and Medford. Find hours and directions to our • File an appeal. offices on our website. • View letters and your Form 1099-G, if applicable. Our main office is located at: Email or write 955 Center St NE Salem, OR 97301-2555 questions.dor@dor.oregon.gov preguntas.dor@dor.oregon.gov Taxpayer Advocacy Oregon Department of Revenue 955 Center St NE If you think you are not being treated fairly, or if you have a Salem OR 97301-2555 problem or complaint, please contact the Office of the Tax- • Include your name and daytime phone number. payer Advocate for assistance. • Include the last four digits of your SSN or ITIN. 503-945-8700 To request printed forms or publications: TTY: We accept all relay calls. Forms Oregon Department of Revenue taxpayer.advocate@dor.oregon.gov PO Box 14999 Salem OR 97309-0990 Photo on cover: Toketee Falls in Douglas County on the North Umpqua River, located approximately 58 miles east of Roseburg near Oregon Route 138. 150-101-048-1 (Rev. 10-04-23) Draft 4 2 2023 Form OR-40-N and Form OR-40-P Instructions |
Electronic filing E-filing is the fastest way to file your return and receive 1. Ask your tax preparer. your refund. The speed and accuracy of computers If your tax preparer is an authorized IRS e-file pro- allow electronic returns to be received and processed vider, your preparer can electronically file your fed- faster than paper returns, greatly reducing errors and eral and Oregon returns. Many Tax-Aide and Tax delays. E-filing uses secure technology to ensure the Counseling for the Elderly (TCE) sites set up by the safety of your personal information when it’s sent to IRS are authorized IRS e-file providers. the IRS and the Department of Revenue. 2. Use online tax preparation software. Oregon participates in the IRS Federal/State E-file pro- You can file your federal and state returns from gram. This program allows you to electronically file your home, work, or library computer using Oregon- both your federal and Oregon returns at the same time. approved online tax preparation products. Go to our If you’ve already filed your federal return, you can still website at www.oregon.gov/dor/e-filing for a list of electronically file your Oregon return. tax preparation products to use in preparing your federal and Oregon returns. If you haven’t tried e-file yet, why not this year? Join more than 1.8 million other Oregon taxpayers who You may be eligible for free e-file. Several tax electronically file their Oregon returns. preparation software providers offer free online electronic tax filing. For free online tax preparation You can take advantage of e-file in one of two ways: programs, go to www.oregon.gov/dor/e-filing. Federal tax law No extension to pay. Oregon doesn’t allow an exten- Section 139A , the tax exemption for federal subsidies sion of time to pay your tax, even if the IRS allows an for employer prescription drug plans. If you have this extension. Your 2023 Oregon tax is due April 15, 2024. type of business income, you’ll have an addition on your Oregon return. Federal law connection. Oregon has a rolling tie to changes made to the definition of federal taxable Oregon is disconnected from IRC Section 529 tax income, with the exceptions noted below. For all other exemption for earnings on college savings plan funds purposes, Oregon is tied to federal income tax laws as used for K-12 tuition. Oregon College and MFS 529 Sav- amended and in effect on December 31, 2022. ings Plans may be used for higher education expenses only. If you based a previous subtraction or credit on Oregon exceptions to federal law. Oregon is discon- contributions that are withdrawn and used for K-12 nected from the business income deduction allowed tuition, you’ll have an addition or tax recapture on your by Section 199A of the Internal Revenue Code (IRC). Oregon return. Due to the way Oregon’s returns are designed, no addi- tion is required. Oregon is also disconnected from IRC 150-101-048-1 (Rev. 10-04-23) Draft 4 3 2023 Form OR-40-N and Form OR-40-P Instructions |
New information Oregon Kids Credit. A new refundable tax credit is of the subtraction. See “Subtractions” in Publication available to certain taxpayers with a qualifying child OR-17 for more information. age 5 or younger. See instructions for OR-40-N, line 62, Pass-through entity elective tax. There is now a sub- or OR-40-P, line 61. traction available for refunds of the elective tax that Paid Leave Oregon benefits. Oregon’s new program were passed through to you and included as income on providing medical, family, and safe leave began pay- your federal return. See “Subtractions” in Publication ing benefits September 3, 2023. Changes to your return OR-17 for more information. may be necessary if you received benefits under the Forest conservation credit. A new tax credit is avail- program. See “Subtractions” in Publication OR-17 for able to small forestland owners that choose to create a more information. forest conservation area. The forest conservation area National Guard subtraction. Pay for active service in requires restrictions on harvest to be followed for 50 the National Guard can now generally be subtracted years. See “Carryforward credits” in Publication OR-17 from taxable income if the service is authorized by the for additional information. Governor. This change also applies retroactively to tax years 2021 and 2022. If you received National Guard Agricultural Employer Overtime Tax Credit. A refund- pay during those years, you will need to amend your able credit is available for employers who pay overtime return to take advantage of the subtraction. See “Mili- to their agricultural workers. Employers must apply tary personnel filing information” in Publication OR-17 for the credit in January for overtime wages paid in for more information the prior year, and they must receive notification of the credit amount from the Department of Revenue before Casualty loss from state-declared emergency. If you the credit can be claimed. See “Refundable credits” in experienced a loss in Oregon due to a state-declared Publication OR-17 for more information. emergency and weren’t able to deduct it on your fed eral return, you may be able to take a subtraction on your Federal tax liability subtraction. The 2023 federal tax Oregon return. This subtraction applies to tax years subtraction limit is $7,800 ($3,900 for married filing 2020, 2021, and 2022, as well as future years. If you meet separately). It may be limited further based on your the requirements for the subtraction for those years, adjusted gross income (AGI). See instructions for you’ll need to amend your return to take advantage line 40. Important reminders Revenue Online. Revenue Online provides convenient, you must include Schedule OR-ASC-NP. Without this secure access to tools for managing your Oregon tax information, we may disallow or adjust your claim. account. To set up your Revenue Online account, go to Schedule OR-ASC-NP and Publication OR-CODES are www.oregon.gov/dor and click on “Revenue Online.” available at www.oregon.gov/dor/forms or you can contact us to order them. Federal return. You must include a copy of your fed- eral Form 1040 or 1040-SR with Schedules 1 through Publication OR-17. See Publication OR-17 for more 3 (if applicable), 1040-X, or 1040-NR with your Oregon information about filing and personal income tax laws. return. Without this information, we may disallow or It is available at www.oregon.gov/dor/forms. adjust items claimed on your Oregon return. Data security breaches. Tax professionals suffering Schedule OR-ASC-NP. If you’re claiming an adjustment, a data breach associated with tax return preparation addition, subtraction, modification, tax recapture, or must report the breach promptly to us. See our website credit using a code listed in Publication OR-CODES, for additional information. 150-101-048-1 (Rev. 10-04-23) Draft 4 4 2023 Form OR-40-N and Form OR-40-P Instructions |
General information Do I need to file an Oregon return? How long will it take to get my refund? You need to file an Oregon income tax return if your Return processing times vary due to many factors, Oregon-source income and income received while an including the complexity of your return. Oregon resident is more than your standard deduction. Electronically filed returns are generally received and See Table 1. processed faster. If your Oregon income is less than your standard deduc- Paper returns must have all required Oregon sched- tion, you’re not required to file a return for Oregon. ules, proof of tax withheld, and a copy of your federal return included to ensure smooth processing. If you However, you must file an Oregon return if you had don’t have a federal filing requirement, create a substi- $1 or more of Oregon income tax withheld from your tute return and check the “calculated using ‘as-if’ fed- wages and you want to claim a refund, or if you qualify eral return” box on your return. to claim a refundable credit. Returns mailed closer to April 15, when we receive the Full-year residents. Oregon taxes your income from all most returns, can take longer to process. sources. Also, returns that require additional review can take more time to process. Typical reasons for additional Part-year residents. Oregon taxes your income from all review include: incomplete documentation, iden- sources earned or received while you were an Oregon tity verification needed, claiming the working fam- resident. Oregon also taxes your income from Oregon ily household and dependent care credit, proof of tax sources while you were a nonresident. withheld needed, etc. Nonresidents. Oregon taxes only your income from To check the status of your refund, click on “Where’s Oregon sources. my refund?” at www.oregon.gov/dor/personal. Nonresident trusts. If you file federal Form 1040-NR for a trust, you must file Oregon’s fiduciary return, What does income from Oregon Form OR-41. Don’t file an Oregon Form OR-40-N. sources include? Table 1. Filing thresholds Oregon income includes income shown on your federal return for services performed in Oregon. You must file an Oregon income tax return if: And your If you have wages from an Oregon employer and Oregon gross you performed services for your employer in Oregon income is and another state while you were a nonresident, and Your filing status is— more than— your Oregon wages aren’t stated separately on your Form W-2, compute your Oregon-source income using Can be claimed on another’s return $1,250* the formula for line 7S. Single $2,605 Married filing jointly $5,210 Other Oregon sources of income (and losses) include: Married filing separately • Businesses, partnerships, limited liability companies • If spouse claims standard deduction $2,605 taxed as partnerships, and S corporations located or • If spouse itemizes deductions 0 doing business in Oregon or providing services to Head of household $4,195 Oregonians. Qualifying surviving spouse $5,210 • Unemployment insurance benefits received because of an Oregon job. *The larger of $1,250, or your earned income plus $400, • Severance pay received because of an Oregon job. up to the standard deduction amount for your filing status. • Farms located in Oregon. 150-101-048-1 (Rev. 10-04-23) Draft 4 5 2023 Form OR-40-N and Form OR-40-P Instructions |
• Estates and trusts in Oregon or that have Oregon property or businesses. Residency • Oregon State Lottery. Am I a resident, a nonresident, or a part-year resident? • Sale of Oregon property. • Rents and royalties for use of Oregon property. • You’re a full-year Oregon resident, even if you live outside Oregon, if all of the following are true: • Community property. If you’re a resident of Oregon and your spouse is a resident of a state with com- — You think of Oregon as your permanent home. munity property laws, you may be taxed on part of — Oregon is the center of your financial, social, and family life. your spouse’s income. Community property laws in — Oregon is the place you intend to return. the state where your spouse lives determine if you’re taxed on any of your spouse’s income. • You’re still a full-year resident if: • Global intangible low-taxed income (GILTI) if you — You temporarily moved out of Oregon or were an Oregon resident on the date you received it — You moved back to Oregon after a temporary (actual or deemed), or if it’s from property employed absence. in a business, trade, profession, or occupation carried You may also be considered a full-year resident if you on in Oregon while a nonresident. spent more than 200 days in Oregon during 2023 or Income not considered from Oregon sources includes: you’re a non-U.S. citizen without permanent resident status. • Interest and dividends. However, you must include them in Oregon income if they were: • You’re a nonresident if your permanent home was outside Oregon all year. —From an Oregon business you own. —Received during the part of the year you were a • You’re a part-year resident if you moved into or out resident. of Oregon during 2023. You’re not considered a part- —Passed through from an S corporation or partner- year resident if: ship doing business in Oregon. — You temporarily moved out of Oregon, or • Oregon retirement income received while you were — You moved back to Oregon after a temporary a nonresident unless you were domiciled in Oregon. absence. See “Retirement income” in Publication OR-17. Special-case Oregon residents. If you’re an Oregon • Interstate transportation wages from an interstate resident and you meet all of the following conditions, railroad company, interstate motor carrier, air carrier, you’re considered a nonresident for tax purposes: or interstate motor private carrier. You must be a non- • You maintained a permanent home outside Oregon resident and have regularly assigned duties in more for the entire year. than one state. See “Interstate transportation wages” • You didn’t keep a home in Oregon during any part of in Publication OR-17. the year. • Waterway, air carrier, or hydroelectric dam compen- • You spent less than 31 days in Oregon during the sation, if you’re a nonresident: year. — Working as crew or pilot on a vessel in navigable Important. A recreational vehicle (RV) isn’t considered waters between Oregon and another state. a permanent home outside of Oregon. — Working as crew or pilot on an aircraft in Oregon Oregon residents living abroad. You’re considered a and at least one other state. nonresident if you’re a qualified individual for pur- — Working on a dam that spans a river between Ore- poses of the federal foreign earned income or housing gon and another state. exclusion for U.S. residents living abroad. Note: See the “Income” section in Publication OR-17 for more details regarding waterway, air carrier, and What form do I use? dam workers’ compensation. • Military pay of a nonresident. Use Form OR-40-P if any ONE of the following is true: • Winnings of a nonresident from tribal gaming cen- • You’re a part-year resident. ters in Oregon. • You’re filing jointly and one of you is a full-year Ore- • Wages earned by a nonresident military spouse who gon resident and the other is a part-year resident. is in Oregon only to be with the service member who • You’re filing jointly and both of you are part-year is stationed here. Oregon residents. 150-101-048-1 (Rev. 10-04-23) Draft 4 6 2023 Form OR-40-N and Form OR-40-P Instructions |
• You qualified as an Oregon resident living abroad for part of the year. Filing for a deceased person Use Form OR-40-N if any ONE of the following is true: A personal income tax return must be filed for a per- son who died if the person would have been required • You’re a nonresident. to file. See “Do I need to file?”. Check the “Deceased” • You’re a special-case Oregon resident. box next to the person’s name on the return. If you have • You’re filing jointly and one, or both, of you is a been appointed personal representative or you have nonresident. filed a small estate affidavit, sign the return as ”per- • You meet the military personnel nonresident sonal representative.” A surviving spouse must sign if requirements. it’s a joint return. If there’s no personal representative, • You qualified as an Oregon resident living abroad for only the surviving spouse needs to sign a joint return. the entire year. Note: Oregon has an estate transfer tax on estates val- Use Form OR-40 if any ONE of the following is true: ued at $1 million or more. The tax is paid by the estate • You’re a full-year resident not filing a joint return; or using Form OR-706, not by the individuals receiving • You and your spouse are both full-year residents fil- the inheritance. For more information, see the instruc- ing jointly. tions for Form OR-706. Form OR-40 is available at www.oregon.gov/dor/forms or you can contact us to order it. When should I file my return? The filing deadline for calendar year 2023 is Military personnel April 15, 2024. If you can’t pay your tax by the due date, it’s important to file your return anyway to avoid a late- Nonresidents stationed in Oregon. Oregon doesn’t tax filing penalty. your military pay while you’re stationed in Oregon. File Returns for fiscal filers are due by the 15th day of the Form OR-40-N if you had other income from Oregon fourth month after the close of their tax year. sources, or to claim a refund of Oregon tax withheld from your military pay. What if I need more time to file? Military spouses. Federal law does not allow Oregon to tax your wages if you’re a nonresident and you’re in If you requested a federal extension to file, Oregon will Oregon only to be with your spouse who is stationed allow the same extension. Don’t include a copy of your in Oregon. If you are domiciled in Oregon and you federal extension with your Oregon return; keep it with file a joint return with your spouse who is a resident your records. If you need an extension of time to file of another state, federal law allows you to choose to be only your Oregon return, see Publication OR-40-EXT. treated for tax purposes as a resident of your spouse’s The due date for filing your return on extension is state. File Form OR-40-N if you had other income from October 15, 2024. Oregon sources or are claiming a refund of withheld An extension doesn’t mean more time to pay. Oregon tax. To avoid interest charges, you must pay all of the Residents (or Oregon-domiciled service members) sta- tax you expect to owe by April 15, 2024. If you can’t tioned outside of Oregon. If you meet the requirements pay all of the tax you expect to owe, pay what you for special-case Oregon residents or Oregon residents can. You’ll owe interest on any unpaid tax starting living abroad, file Form OR-40-N. File Form OR-40 if April 16, 2024, until the date of your payment. You may you don’t meet those requirements. also be charged a penalty for failing to pay your tax on time. See “Penalties” and the instructions for Form OR- Residents (or Oregon-domiciled service members) sta- 40-N, line 68 or Form OR-40-P, line 67. tioned in Oregon. Your pay is subject to tax, although Don’t forget to check the “Extension filed” box on the pay could qualify for certain subtractions. For more your return when you file. File your return by Octo- information on subtractions available to military per- ber 15, 2024. sonnel, see Publication OR-17. Military personnel on active service in Oregon are Penalties treated as nonresidents for tax purposes if their address in the payroll records of the Defense Finance and If you don’t pay all of your tax by April 15, 2024, you Accounting System (DFAS) is outside Oregon, regard- may be charged a 5 percent penalty on the unpaid less of where they are domiciled (ORS 316.027). amount, even if you requested an extension to file your 150-101-048-1 (Rev. 10-04-23) Draft 4 7 2023 Form OR-40-N and Form OR-40-P Instructions |
return. Oregon doesn’t allow an extension of time to pay tax, even if the IRS does. Interest on underpayment of You’ll be charged a 20 percent penalty for failure to estimated tax file your return if you file it more than three months after the due date, including extensions. If both pen- You may owe interest for underpaying your estimated alties apply, the total penalty will be 25 percent of the tax if: unpaid tax. • The tax on your return after credits and withholding Note: If you fail to file returns for three consecutive is $1,000 or more; or years by the due date for the third year’s return, includ- • You underpaid one or more of your required esti- ing extensions, you’ll be charged a penalty of 100 per- mated tax installments. cent of each year’s unpaid tax. See the instructions for Form OR-40-N, line 69, or Form For more information about these and other penalties, OR-40-P, line 68, and Form OR-10 Instructions for more see the instructions for Form OR-40-N, line 68 or Form information. OR-40-P, line 67, and “Interest and penalties” in Publi- cation OR-17. What if I’m self-employed? If you’re self-employed and do business in Mult- 2024 estimated tax nomah, Clackamas, or Washington counties, you Estimated tax is the amount of tax (after credits and may need to file Form OR-TM. If you’re self-employed Oregon tax withheld) you expect will be shown on and do business in Lane County, you may need your return when you file. to file Form OR-LTD. Go to our website to down- load the forms, contact us to order either form, or Do I need to make estimated payments? file them electronically through Revenue Online at In most cases, if you expect your return to show that www.oregon.gov/dor. you will owe $1,000 or more in tax after credits and withholding you must make estimated payments. You What if I need to change my Oregon may need to make estimated payments if: return after filing? • You’re self-employed and don’t have Oregon tax withheld from your income. It depends on what you need to change. Follow these • You have Oregon Lottery single-ticket winnings of instructions for amending (changing) your return if: less than $1,500. • You discover that your income, deductions, or other • Oregon tax isn’t withheld from other types of income item(s) were wrong. (such as pensions, interest, or dividends) and you • You used a form that didn’t match your residency expect to owe tax of $1,000 or more. status. • You’re a wage earner and expect to owe tax of $1,000 • Your filing status wasn’t correct. or more on your 2024 return. You may want to • The IRS or another state adjusted or audited your increase the amount your employer withholds from return and it affects your Oregon tax. your Oregon wages. For withholding information, go • You have a net operating loss (NOL) carryback. to www.oregon.gov/dor/personal. • Changes in federal or state income tax laws affect a Oregon and federal estimated tax laws are not the return you’ve already filed. same. See Publication OR-ESTIMATE for more infor- Don’t amend your Oregon return if: mation, including: • We made changes to your return and you object to • Detailed instructions for calculating installment those changes. You must follow the appeal process in payments. the notice we sent you. • Tax rate charts for 2024. • You’re filing a protective claim for a refund. Use • Installment periods and due dates. Form OR-PCR, which is available on our website or • Helpful worksheets and examples. you can contact us to order it. • Payment instructions. There’s a time limit for filing an amended return to You can find Publication OR-ESTIMATE and payment claim a refund. See the instructions for Form OR-40-N, voucher Form OR-40-V on our website or you can con- lines 72 to 75 or Form OR-40-P, lines 71 to 74. For more tact us to order them. information, see “Amended returns” in Publication OR-17. 150-101-048-1 (Rev. 10-04-23) Draft 4 8 2023 Form OR-40-N and Form OR-40-P Instructions |
Amended worksheet How do I amend my 2023 return? Use this worksheet to figure your amended refund or General instructions tax to pay. Keep the completed worksheet with your records. Note: If we adjusted any of the amounts on • Complete the return as it should’ve been filed, includ- your original 2023 return, use the adjusted amounts. ing adjustments we made. • Check the “Amended return” box on the first page. 1. Amended tax after standard and 1. • In the “Amended statement” space, provide the carryforward credits (amended return line number and reason for each change. Form OR-40-N, line 56; Form OR- • Use the Amended worksheet to figure your amended 40-P, line 55). tax due or refund. 2. Amended total payments and 2. • If you’re amending your federal return or a return refundable credits (amended you filed with another state, include a copy of those Form OR-40-N, line 65; Form OR- amended returns with your amended Oregon return. 40-P, line 64). If you’re only amending your Oregon return, include a copy of your original federal return. Don’t include 3. Line 1 minus line 2. If less than 0, 3. a copy of your original Oregon return. use a minus sign. Residency. Use the form that matches your residency 4. Refund you already had for 2023 4. status for the year you’re amending, even if your origi- (original Form OR-40-N, line nal return was filed on a different form. 72; Form OR-40-P, line 71; Form OR-40, line 47). If you didn’t have Mailing address. Use your current address. a refund, enter 0. Adjustment made by the IRS or another state. Include 5. Amended tax to pay or refund. 5. a copy of the corrected federal or other state return or Line 3 plus line 4. If less than 0, audit report. you have a refund; go to line 6. Electronically file your amended return. You can now If 0 or more, you owe tax; skip to electronically file your Oregon amended return, if your line 8. chosen software supports filing an amended federal return. You will need to contact your software provider 6. Refund applications that 6. to find out if they support filing an amended federal weren’t on your original return return. (amended Form OR-40-N, lines 73 through 75; Form OR-40-P, NOL carryback. Enter the loss year in the NOL tax year lines 72 through 74), up to the box on the first page of the return. If you’re carrying refund amount on line 5. Don’t back an NOL from more than one year, file a separate use a minus sign. amended return for each NOL year. In the “Amended Example: If line 5 is –$500, you statement” space, tell us the section number of the IRC may apply up to $500 on your or Oregon Revised Statute (ORS) that allows you to amended Form OR-40-N, lines carry the NOL(s) back to the 2023 tax year. See “Net 73 through 75, or Form OR-40-P, operating losses for Oregon” in Publication OR-17 for lines 72 through 74. more information. 7. Net amended refund. Line 5 plus 7. What if I need to change a return I filed for an earlier line 6. This can’t be more than 0. year? 8. Penalty and interest on amended 8. Refer to the instructions for the tax year you need to tax to pay (amended Form OR- amend. Visit our website or contact us if you need the 40-N, line 68; Form OR-40-P, form and instructions for a different year. line 67). How long will it take to process my amended return? 9. Total amended amount you owe. 9. It may take six months or longer to process your Line 5 plus line 8. amended return. 10. Payments made on or after April 10. 15, 2024. 11. Total amount to pay with your 11. amended return. Line 9 minus line 10. 150-101-048-1 (Rev. 10-04-23) Draft 4 9 2023 Form OR-40-N and Form OR-40-P Instructions |
General instructions for Forms OR-40-N & OR-40-P Step 1: Complete your federal return Check the boxes Your Oregon tax is determined using the ratio of your Oregon-source income to your entire federal income. Amended return Complete your federal return first. Do this even if you aren’t required to file a federal return. You must If you’re amending your 2023 return, check this box. use the information from your federal return to com- See “What if I need to change my return after filing?” plete your Oregon return. You must include a copy in the “General information” section for instructions. (front and back) of your federal Form 1040 or 1040-SR with Schedules 1 through 3 (if applicable), or 1040-NR Calculated using “as if” federal return with your Oregon return. If you’re amending your Oregon return and your federal return, include a copy Check this box if: of Form 1040-X and an amended Form 1040 or 1040-SR • You’re filing as an Oregon RDP. with Schedules 1 through 3 (if applicable). • Your filing status is “married filing separately for If you don’t provide a copy of your federal return, we Oregon only” because you and your spouse don’t may adjust or deny your Oregon subtractions, deduc- have the same residency status. tions, and credits. Include federal Schedules 1 through • You didn’t file a federal return. 3 (if applicable); don’t include any other federal sched- ules. We may ask you for copies of other schedules or Short-year tax election additional information later. If you’re filing a short-year return due to a bankruptcy, Oregon registered domestic partners (RDPs): To cor- check this box and write the ending date in the “Fiscal rectly determine your Oregon tax liability, you must complete a federal income tax return as if you were fil- year ending” box. ing as married filing jointly or married filing separately. Check the “Calculated using ‘as if’ federal return” box Extension filed on your Oregon return. Check this box if you requested an extension to file For more information on how to file as an RDP, go to your return. See “What if I need more time to file?” www.oregon.gov/dor and search for “RDP.” in the “General information” section and Publication OR-40-EXT for more information. Step 2: Select the appropriate Oregon return Form OR-24 To decide which form to use, see “What form do I use?” in the “General information” section. Check this box if you’re deferring gain on like-kind property that was exchanged or converted. You’ll Step 3: Fill out the Oregon return report the gain to Oregon when it’s reported on your Use blue or black ink only for easier reading and faster federal return (federal Form 8824). You must include processing. The equipment used to scan documents Form OR-24 with your Oregon return or provide it and checks can’t read gel ink or certain colors, and electronically through your Revenue Online account at using them will delay the processing of your return. www.oregon.gov/dor. Form OR-243 Fiscal-year filers Check this box if you are attaching Form OR-243, Claim Write the ending date of your fiscal year in the “Fiscal to Refund Due a Deceased Person. year ending” box on the return. Federal Form 8379 Oregon resident—Form OR-40-P only Check this box if you’re requesting your joint refund be Enter the dates you were an Oregon resident during apportioned and you are attaching federal Form 8379. 2023. For example, “from 01/01/2023 to 04/15/2023,” or For additional information, see “Injured spouse refund “from 03/01/2023 to 12/31/2023” claims” in Publication OR-17. 150-101-048-1 (Rev. 10-04-23) Draft 4 10 2023 Form OR-40-N and Form OR-40-P Instructions |
Federal Form 8886 • Once the IRS issues your ITIN, mail a copy of your ITIN letter to us at PO Box 14999, Salem OR Check this box if you filed federal Form 8886, Report- 97309-0990. able Transaction Disclosure Statement. Mailing address. Enter your current mailing address. Disaster relief This is where we’ll send any refund or correspondence, if needed. Enter your current daytime phone number. If you were affected by a presidentially-declared natu- ral disaster in 2023, check this box. Filing status Military Check the box next to your filing status. Check this box if you’re a nonresident with military 1 – 5 pay. See “Military personnel.” Generally, you must use the same fil- ing status for your Oregon and federal returns. Choose only one filing status. Employment exception Exception for Oregon RDPs. Check this box if you have interstate transportation As an Oregon RDP, you’re wages or you’re a waterway, air carrier, or hydroelectric not eligible to use the single filing status on your Ore- dam worker. See the exceptions in the instructions for gon return. For Oregon, you’re generally required to line 7S and the “Income” section in Publication OR-17 use married filing jointly or married filing separately. for more information. For more information, go to our website, see “Filing an Oregon return” in Publication OR-17, or contact us. Exceptions for married persons who filed a joint fed- Name and address eral return when each person had a different resi- Type or clearly print your own and, if married, your dency status. Use Table 2 to determine which return spouse’s name, date of birth, and Social Security num- form to use if you file a joint return or separate returns ber (SSN). Enter your spouse’s information even if for Oregon. you’re filing as married filing separately. If you’re fil- Table 2. Spouses with different residency status ing for someone who died in 2023 or 2024, check the “Deceased” box next to their name. Spouses’ If you file If you file SSN. You must provide your SSN per Section 405, Title residency a joint separate 42, of the United States Code. We will only use it to status: return, use: returns: establish your identity for tax purposes. Part-year and OR-40-N nonresident Each spouse uses Follow these instructions if you’ve filed previous tax the form that Nonresident and returns using an Individual taxpayer identification OR-40-N matches their full-year resident number (ITIN) and this is your first year filing using individual your new SSN: Part-year and residency status OR-40-P full-year resident • Check the “First time using this SSN” box. • Write your previous identification number on the first How to file separate returns for Oregon line of the “Amended statement” space on page 11 of your return. If you’re filing a joint federal return but separate Oregon returns, enter your spouse’s name, SSN, and ITIN. If the IRS assigned you an ITIN because you don’t date of birth on your return. qualify for an SSN, enter your ITIN wherever an SSN is Report your own share requested. Refunds will not be issued without a valid of federal AGI and deductions. Also, report your share SSN or ITIN. of any Oregon additions or subtractions using this for- mula to determine your percentage: If you don’t have an ITIN, you must request one from the IRS. To get an ITIN application (federal Form W-7), Your share of federal AGI Your percentage = go to www.irs.gov or call 800-829-1040. Joint federal AGI (not to exceed 100%) If you’ve applied for an ITIN but you haven’t received Check the “Calculated using ‘as if’ federal return” it yet: box on your return. You must include the following forms with both Oregon returns: • Check the “Applied for ITIN” box. • File your return by April 15, 2024. • A federal Form 1040, 1040-SR, or 1040-NR with Sched- • Don’t include Form W-7 with your return. Keep it ules 1 through 3 (if applicable) prepared as if you had with your records. filed as married filing separately. 150-101-048-1 (Rev. 10-04-23) Draft 4 11 2023 Form OR-40-N and Form OR-40-P Instructions |
• A copy of the joint Form 1040, 1040-SR, or 1040-NR If you qualify, check the “Severely disabled” exemption with Schedules 1 through 3 (if applicable) that you box below line 6a. If your spouse qualifies, check the actually filed with the IRS. “Severely disabled” exemption box below line 6b. If the federal form you filed is an amendment, include Total exemptions for you and spouse. Enter the total Form 1040-X and federal returns as amended for your number of exemptions claimed for yourself on line 6a actual and “as if” returns. and for your spouse on line 6b. If possible, mail both spouses’ Oregon returns in the All dependents. Enter your dependents’ infor- same envelope. Don’t staple the returns together. 6c mation in order from youngest to oldest. For For more information, see “Filing status” in Publication each dependent, list their first name, last name, rela- OR-17. tionship code (see Table 3), SSN, and date of birth. In most cases, you will list the same dependents you claimed on your federal return. Exemptions You can list up to three dependents on the return. If you have more than three dependents, fill out Schedule Yourself and spouse. If no one else 6a & 6b OR-ADD-DEP for your remaining dependents. If you can claim you as a dependent on their have more than eight dependents, fill out and include return, check the “Regular” exemption box below line an additional Schedule OR-ADD-DEP. Do not list the 6a for yourself; otherwise, check the “Someone else can same dependents on your return and on Schedule claim you as a dependent” box below line 6a, even if the OR-ADD-DEP. other person doesn’t actually claim you as a dependent. Include Schedule OR-ADD-DEP with your return. You Check the “Regular” exemption box below line 6b if can download the schedule from our website or contact no one else can claim your spouse as a dependent and us to order it. you’re filing as: On line 6c, enter the total number of your depen- • Married filing jointly. dents, including the number from line 1 of Schedule • Married filing separately and your spouse has no OR-ADD-DEP. income. Otherwise, check the “Someone else can claim you as a Table 3. Relationship codes dependent” box below line 6b, even if the other person Title Code Relationships included doesn’t actually claim your spouse as a dependent. Son/Daughter SD Son, daughter, adopted child. Severely disabled. Did you or your spouse have a Stepchild SC Stepson, stepdaughter. severe disability at the end of 2023? If so, you can claim Foster child FC Foster child. an additional exemption. This is different from the dis- Sibling SB Brother, sister, half-brother, abled child exemption. You may qualify for and claim half-sister, stepbrother, the severely disabled exemption even if someone else stepsister, brother-in-law, can claim you as a dependent. You’re considered to sister-in-law. have a severe disability if any of the following apply: Parent PT Father, mother, stepfather, stepmother, father-in-law, • You permanently lost the use of one or both feet. mother-in-law. • You permanently lost the use of both hands. • You’re permanently blind. Spouse SP Husband, wife. • You have a permanent condition that, without special Grandparent GP Grandmother, grandfather. equipment or outside help, limits your ability to earn Grandchild GC Grandson, granddaughter. a living, maintain a household, or transport yourself. Aunt/Uncle AU Aunt, uncle. • You’re unable to earn a living due to a permanent Niece/Nephew NN Niece, nephew. condition or an impairment of indefinite duration. Other relative OR Son-in-law, daughter-in-law, If you have a severe disability, your physician must cousin, and other related individuals not listed above. write a letter describing it. Keep the letter with your records in case we request a copy. No relation NR Any other qualifying individual. 150-101-048-1 (Rev. 10-04-23) Draft 4 12 2023 Form OR-40-N and Form OR-40-P Instructions |
Children with a disability. You may be entitled — Other health impairment. 6d to an additional personal exemption for your — Specific learning disability. dependent child who has a qualifying disability. To — Traumatic brain injury. qualify, all of the following must be true: — Visual impairment (including blindness). • Your child (age 21 or younger) qualified as your Each year, you must be able to provide an eligibility dependent for 2023. statement confirming that your child has been diag- • Your child was eligible for early intervention services nosed with one of the disabilities listed above and a or special education as defined by the State Board of cover sheet from one of the following: Education of the state where the child attends school. • The child’s Individualized Education Program (IEP). • Your child had an eligible disability as of Decem- • The child’s Individualized Family Service Plan (IFSP). ber 31, 2023 under the federal Individuals with Dis- abilities Education Act. Eligible disabilities include: Keep the statement and cover sheet with your records. Check the “Check if child has a qualifying disability“ — Autism spectrum disorder. box next to the name of each child with a qualifying — Communication disorder. disability. Enter the total number of children with a — Deafblindness. qualifying disability, including the number of children — Developmental delay. on line 2 of Schedule OR-ADD-DEP, on line 6d. — Emotional disturbance. — Hearing impairment (including deafness). Total exemptions. Add lines 6a through 6d and — Intellectual disability. 6e — Orthopedic impairment. enter the total on line 6e. This is your total num- ber of exemptions. 150-101-048-1 (Rev. 10-04-23) Draft 4 13 2023 Form OR-40-N and Form OR-40-P Instructions |
Forms OR-40-N and OR-40-P line instructions Don’t enter cents. You must round off cents to the Full-year residents. Oregon taxes your income from nearest whole dollar. For example, $99.49 becomes $99 all sources. If you’re a full-year resident filing jointly and $99.50 becomes $100. If you don’t round entries to on Form OR-40-N or Form OR-40-P, all of your income the nearest dollar, there may be small variations in the in the federal column must be included in the Oregon totals we use. column. The forms have two columns for figures. These are to Wages, salaries, and other pay for work. Part- show your federal adjusted gross income (AGI), addi- 7S tions, and subtractions. The columns compare your total year residents— enter amounts you earned while an Oregon resident and any amounts you earned (column F) to the portion that Oregon taxes (column S). working in Oregon while you were a nonresident. You must include a copy (front and back) of your fed- Full-year residents— enter all of your income included eral return, including Schedules 1 through 3 (if appli- in the federal column. cable), with your Oregon return. This helps us verify your income and process your return faster. If you Nonresidents—enter the amount you earned while don’t include your federal return with your Oregon working in Oregon for each job. If that amount differs return, items claimed on your return may be adjusted from the Oregon wages on your Form W-2, request a or denied. signed statement from your employer verifying the number of days worked in Oregon and the total num- ber of days worked everywhere. Keep this document Federal column (F) instructions, and a statement explaining your calculations with lines 7F–29F your records. If your Oregon wages aren’t stated sepa- rately on your Form W-2, compute your Oregon-source The first column is called “Federal column (F).” For income using the following formula: lines 7F–29F of the federal column, transfer the amounts you reported on your federal return. If you used Form Days actually worked in Oregon Total Oregon 1040 or 1040-SR, these will be the amounts on lines 1a × wages = wages through 11 and Schedule 1, lines 1 through 26. Days actually worked everywhere (line 7F) (line 7S) Line 29F, “Income after adjustments,” must match Don’t include holidays, vacation days, and sick days as your 2023 federal AGI from Form 1040, 1040-SR, or days actually worked. However, you must include sick 1040-NR, line 11; or Form 1040-X, line 1C. If it doesn’t pay, holiday pay, and vacation pay in total wages. See the match, check that you transferred the figures from example below. If Oregon is the only state you worked your federal return correctly. in, don’t use this formula; all your earnings are taxable and should be reported in the Oregon column. Oregon column (S) instructions, Example: Savannah lives in Idaho but works in Oregon. lines 7S–29S Of her 260 total days paid, she worked 138 days in Ore- gon and 92 days from her home in Idaho. She received The second column is called “Oregon column (S).” Use 14 days vacation pay, eight days sick pay, and eight days this column to list the amounts from the federal col- holiday pay. She earned $50,000 in wages. She figured umn that are taxed by Oregon. the amount subject to Oregon tax as follows: Nonresidents. Oregon taxes only your income from Total days paid 260 Oregon sources. To determine your Oregon-source Less: Vacation days -14 income, see “What does income from Oregon sources Sick days -8 include?” in the “General information” section. Holidays -8 Part-year residents. Oregon taxes your income from all Total days worked everywhere 230 sources earned or received while you were an Oregon resident. Oregon also taxes your income from Oregon sources while you were a nonresident. To determine Days actually worked in Oregon your Oregon-source income, see “What does income (138) $50,000 × (Total = $30,000 from Oregon sources include?” in the “General infor- Days actually worked everywhere wages) mation” section. (230) 150-101-048-1 (Rev. 10-04-23) Draft 4 14 2023 Form OR-40-N and Form OR-40-P Instructions |
Savannah’s compensation reported in the federal col- Dividend income. Determine the amount of div- 9S umn, Form OR-40-N, line 7F is $50,000 and in the Ore- idends on line 9F that you received from an Ore- gon column, Form OR-40-N, line 7S is $30,000. gon business activity source while you were a nonresi- dent. This includes dividends passed through to you Exceptions from an S corporation or partnership doing business in Oregon or providing services for Oregonians. These are Interstate employment. Check the “Employment dividends your S corporation or partnership received exception” box on page 1 and don’t include the follow- on the stock of another corporation. Add any dividend ing types of compensation in the Oregon column of the income included on line 9F that you received during return if you’re a nonresident who works: the part of the year you were an Oregon resident. • For an interstate transportation provider and whose State and local income tax refunds. If you wages qualify for special treatment under the federal 10S laws formerly known as the “Amtrak Act.” received an income tax refund from another state or local government that is included in your fed- • On the Bonneville, The Dalles, John Day, or McNary eral income, and you deducted those taxes on a prior hydroelectric dams. year’s Oregon return, include the refund in your Ore- • As a crewmember or pilot on a vessel in interstate gon income. This refund is not taxable to Oregon if you navigable waters. did not deduct the taxes on an Oregon return. If you’re a nonresident who works as a crewmember or Oregon doesn’t tax Oregon state income tax refunds pilot on aircraft in Oregon and at least one other state, you received, so don’t include amounts received from you may be able to exclude your compensation from Oregon on line 10S. the Oregon column. Alimony received. Enter alimony you received See the “Income” section of Publication OR-17 for 11S details about these exceptions. for the part of the year you were an Oregon resident. Military. Check the “Military” box on page 1 of the Business income or loss. Determine the amount return if you’re a: 12S of income or loss from an Oregon business activ- • Nonresident member of the U.S. Armed Forces sta- ity for the part of the year you were a nonresident. Add tioned in Oregon. Military pay of a nonresident isn’t all business income or losses incurred during the part Oregon-source income. Don’t report your military of the year you were a resident of Oregon. pay in the Oregon column on line 7S. If you have Capital gain or loss. Determine the amount of another job, those wages are taxable to Oregon and 13S must be included on line 7S. Only your military pay gain or loss and capital gain distributions from Oregon sources for the part of the year you were a non- is exempt. resident. Add the amount of your capital gains received • Nonresident military spouse. Your wages are exempt and losses incurred during the part of the year you from state tax if you’re only in Oregon because your were an Oregon resident. Limit losses to $3,000 ($1,500 spouse is stationed here. Don’t report your wages in if married filing separately). the Oregon column on line 7S. File Form OR-40-N Other gains or losses. Determine the amount of if you had non-wage Oregon income or to claim a 14S refund of Oregon tax withheld from wages. gain or loss from Oregon sources for the part of the year you were a nonresident. Add the gain received If Oregon taxes were withheld from your exempt or loss incurred during the part of the year you were an wages, you should file a new withholding form with Oregon resident. your employer. Use Form OR-W-4 and follow the IRA distributions. Determine the amount of any instructions to declare that you’re exempt using the 15S appropriate code and give the form to your employer. taxable individual retirement arrangement (IRA) distributions you received while an Oregon resident. You can download Form OR-W-4 and instructions Include any amounts you converted from a regular IRA from our website or you can contact us to order it. into a Roth IRA while you lived in Oregon. If you lived in another state when you made contributions to your Taxable interest income. Determine the amount 8S IRA, you may need more information. If so, contact us. of interest income on line 8F that you received from an Oregon business activity while you were a Pension and annuities. Enter the amount of tax- 16S nonresident. Add any interest included on line 8F that able pensions and annuities (including federal you received during the part of the year you were an pensions), you received while an Oregon resident. Don’t Oregon resident. include any Railroad Retirement Benefits (RRB-1099-R). 150-101-048-1 (Rev. 10-04-23) Draft 4 15 2023 Form OR-40-N and Form OR-40-P Instructions |
If you’re domiciled in Oregon, you must also include Determine the amount you paid during the part of the any Oregon-source pensions you received. This is true year you were an Oregon resident. Add the amount cal- even though you may qualify to file as a nonresident culated for the time you were a nonresident. under the tests for special case Oregon residents or Oregon residents living abroad. • IRA. Use the following formula to determine your deduction for the part of the year you were a For example, if you lived in Oregon before you retired nonresident: and have not changed your permanent home to another state, you must report the pension you earned Oregon earned income IRA while a nonresident contributions Nonresident while you worked in Oregon. If you have a federal pen- × = Total earned income made while a deduction sion, you may qualify for a subtraction on Schedule OR- while a nonresident nonresident ASC-NP. If you need help, contact us. • Self-employed SEP, SIMPLE, and qualified plans. Schedule E income. Determine the income 17S Use the following formula to determine your allow- received and losses incurred from rents, royal- able deduction for the part of the year you were a ties, partnerships, S corporations, real estate invest- nonresident: ment trusts (REITs), estates, trusts, etc. reported on fed- eral Schedule E from Oregon sources during the part Oregon compensation Contributions Nonresident of the year you were a nonresident. Add the amount while a nonresident × made while a = deduction received or incurred during the part of the year you Total compensation nonresident while a nonresident were an Oregon resident. This deduction can’t be more than the amount of Farm income or loss. Determine the amount compensation included in the Oregon column. 18S of income received or loss incurred from an Education deductions. The following instruc- Oregon farm while you were a nonresident. Add the 22S amount of farm income received or loss incurred dur- tions will help you figure the amount you can ing the part of the year you were an Oregon resident. claim on your Oregon return. Unemployment insurance (UI) benefits and all • Educator expenses deduction from federal Form 19S 1040 or 1040-SR, Schedule 1, line 11. For the part of the other taxable income. Include on line 19S: year you were a nonresident, determine the amount • UI benefits received from an Oregon job or while an of qualified educator expenses you paid while work- Oregon resident, • Oregon Lottery winnings (see additional informa- ing in or providing educator services to students in tion below), Oregon elementary or secondary schools. Add the • Other winnings received while an Oregon resident, qualified educator expenses you paid during the part • Severance pay received from an Oregon job or while of the year you were an Oregon resident. Enter the an Oregon resident, and smaller of the result or the amount deducted on your • Any other taxable income on line 19F from Oregon federal return. sources or received while an Oregon resident. • Student loan interest deduction from federal Form Don’t include Social Security, Railroad Retirement 1040 or 1040-SR, Schedule 1, line 21. Board benefits, or Railroad Retirement Board unem- Use the following formula to calculate your deduc- ployment benefits, as Oregon doesn’t tax this income. tions for the part of the year you were a nonresident: Include all payments received from the Oregon Lot- Oregon-source income Student tery in the Oregon column. Oregon Lottery means all while a nonresident loan interest Nonresident games offered by the Oregon State Lottery Commis- × = Total income from all paid while a deduction sion and purchased in Oregon. For more information, sources while a nonresident nonresident see Publication OR-17. Add all interest paid during the part of the year you were an Oregon resident. Enter the result or the Adjustments amount of federal student loan interest from your IRA or self-employed SEP and SIMPLE contri- federal return, whichever is less. 21S butions. Oregon follows the federal definition Add the Oregon amounts for your educator expenses of earned income and compensation used to calcu- deduction and student loan interest deduction. Enter late your IRA and other retirement plan deductions. the total on line 22S. 150-101-048-1 (Rev. 10-04-23) Draft 4 16 2023 Form OR-40-N and Form OR-40-P Instructions |
Moving expenses. Enter moving expenses in the 23S Additions Oregon column only if all of the following are true for you (or your spouse, if filing jointly): Total additions from Schedule OR-ASC-NP. Addi- • You are on active duty in the United States Army, 30F/S Navy, Air Force, Marines, or Coast Guard. tions are reported on Schedule OR-ASC-NP. From Schedule OR-ASC-NP, enter the total on line B7 in • Your expenses are deductible on your federal return the federal column and the total on line B8 in the Ore- because they are related to a permanent change of gon column. If you’re reporting an addition, you must station (known as a PCS move). include Schedule OR-ASC-NP with your return. • Your new duty station is in Oregon. For more information about additions, see Schedule • You have taxable income from employment (military, OR-ASC and OR-ASC-NP Instructions or “Additions” civilian, or self-employment) performed in Oregon. in Publication OR-17. Deductions for self-employment tax. Use the 24S following formula to determine the amount of Subtractions your self-employment tax on earnings taxed by Oregon: Self-employment earnings Federal Social Security and tier 1 Railroad Retirement taxed by Oregon deduction 32F × for self- = Board benefits. Enter Social Security and tier Oregon Total taxable self- employment 1 Railroad Retirement Board benefits you included on deduction employment earnings tax line 7F or 19F. The Oregon deduction can’t be more than the federal If you have tier 2, windfall/vested dual, or supplemen- deduction. tal Railroad Retirement Board benefits, these are sub- tracted on Schedule OR-ASC-NP. For more information, 25S see Schedule OR-ASC and OR-ASC-NP Instructions or Self-employed health insurance deduction. Ore- “Subtractions” in Publication OR-17. gon allows a deduction of 100 percent of your health insurance premiums related to your self-employment for the part of the year you were an Oregon resident. 33F/S Total subtractions from Schedule OR-ASC-NP. Add the health insurance premiums paid by your Ore- Other subtractions not explained here are claimed on gon business while a nonresident. Your total Oregon Schedule OR-ASC-NP. From Schedule OR-ASC-NP, deduction can’t be more than your federal deduction. enter the total on line C7 in the federal column and the total on line C8 in the Oregon column. If you claim a Alimony paid. Determine if the alimony you 26S subtraction on Schedule OR-ASC-NP, you must include paid to your former spouse is deductible for fed- the schedule with your return. eral purposes. If so, use the following formula to calcu- late your Oregon deduction for the part of the year you For more information about subtractions, see Schedule were a nonresident: OR-ASC and OR-ASC-NP Instructions or “Subtrac- tions” in Publication OR-17. Oregon-source income while a nonresident Alimony Oregon percentage. In most cases, to find Nonresident × paid while a = 35 Total income nonresident your Oregon percentage, divide the amount on deduction while a nonresident line 34S by the amount on line 34F. If the amount on Add to that amount the alimony you paid while you line 34S is more than the amount on line 34F or if the amount on line 34S is positive but the amount on line were a resident. 34F is zero or negative, your Oregon percentage is 100 Total adjustments from Schedule OR-ASC-NP. percent. If both amounts are negative, treat both as if 27F/S they’re positive, and then: Other adjustments not explained here are claimed on Schedule OR-ASC-NP. From Schedule OR- • If the Oregon number is smaller than the federal ASC-NP, enter the total on line A7 in the federal col- number, your Oregon percentage is 100 percent. umn and the total on line A8 in the Oregon column. • If the federal number is smaller than the Oregon If you’re reporting an adjustment, you must include number, divide the federal number by the Oregon Schedule OR-ASC-NP with your return. number. For more information about adjustments, see Sched- Round the decimal to three places and enter the result ule OR-ASC and OR-ASC-NP Instructions or “Adjust- as a percentage as shown in the examples. Don’t enter ments” in Publication OR-17. more than 100 percent or less than 0. 150-101-048-1 (Rev. 10-04-23) Draft 4 17 2023 Form OR-40-N and Form OR-40-P Instructions |
Table 4. Oregon percentage examples Standard deduction—Age 65 or older, or blind. If you Line 34S Line 34F Oregon percentage line 35 or your spouse turned age 65 by January 1, 2024, or $8,000 ÷ $30,000 = 0.266666 Round to 0.267 were blind at the end of the tax year, you’re entitled (__2__6__7.__% ) to a larger standard deduction. If you or your spouse $20,000 ÷ $15,000 = 1.333 Limited to 1.000 are permanently blind, you may also qualify for the (1__0__0 0__.__%) severely disabled exemption credit; see the instructions -$1,000 ÷ $15,000 = 0 (0%) for lines 6a and 6b. (__ __0__0.__% ) Check the applicable boxes below line 38, then multiply $1,000 ÷ -$5,000 = (100%) the number of boxes checked by: (1__0__0 0__.__%) -$2,000 ÷ -$8,000 = Oregon number smaller than • $1,200 if single or head of household filing status; or 2,000 8,000 federal number • $1,000 for all other filers. (1__0__0 0__.__%) Add this amount to the standard deduction for your fil- -$10,000 ÷ -$6,000 = Federal number smaller than ing status from Table 5. Enter the total on line 38. 10,000 6,000 Oregon number 6,000 / 10,000 = 0.6 Example: Joni and Mike are married. By January 1, (__6__0__0.__% ) 2024, Joni had turned 61 and Mike had turned 67. Joni files the return as the primary taxpayer. She checks the box for spouse 65 or older and adds $1,000 to their stan- Deductions and modifications dard deduction. Joni enters $6,210 ($5,210 + $1,000) on Deductions and other modifications further adjust your line 38. Oregon taxable income. Modifications not explained Standard deduction—Dependents who can be claimed here are reported on Schedule OR-ASC-NP. For more on another taxpayer’s return. If someone else can claim information about deductions and modifications, see you as a dependent, your standard deduction is limited Schedule OR-ASC and OR-ASC-NP Instructions, or to the larger of: Publication OR-17. • Your earned income plus $400, up to the maximum In general, you can claim Oregon itemized deductions or allowed for your filing status (see Table 5); or the standard deduction, whichever is larger, but not both. • $1,250. See the exceptions for: • Dependents who can be claimed on another taxpay- This limit applies even if the other person doesn’t actu- er’s return. ally claim you as a dependent on their return. • Non-U.S. citizens without permanent resident status. If you’re a dependent and not married, use the follow- • Spouses filing separate returns. ing worksheet to figure your standard deduction. If you’re a dependent and married, see “Deductions and Itemized deductions. If you’re itemizing your 37 modifications” in Publication OR-17. deductions for Oregon enter the amount from Schedule OR-A, line 23. Note: Don’t enter your federal Standard deduction worksheet for single dependents itemized deductions; the amount allowed for Oregon 1. Enter your earned income (see 1. may be different. You can download Schedule OR-A definition below). and the instructions from our website or you can con- tact us to order it. 2. Additional $400. 2. $400 If you’re not itemizing, enter 0. 3. Add lines 1 and 2. 3. Standard deduction. Generally, your standard 4. Minimum standard deduction. 4. $1,250 38 deduction is based on your filing status, as 5. Enter the larger of line 3 or line 4. 5. shown in Table 5. 6. Basic standard deduction for 6. $2,605 Table 5. Standard deduction single. 7. Enter the smaller of line 5 or line 6. 7. Single $2,605 Married filing jointly $5,210 8. If you turned 65 by 1/1/2024, 8. enter $1,200. Otherwise, enter 0. Married filing separately • If spouse claims standard deduction $2,605 9. If you’re blind, enter $1,200. 9. Otherwise, enter 0. • If spouse claims itemized deductions 0 Head of household $4,195 10. Add lines 7, 8, and 9. This is your 10. standard deduction. Qualifying surviving spouse $5,210 150-101-048-1 (Rev. 10-04-23) Draft 4 18 2023 Form OR-40-N and Form OR-40-P Instructions |
Earned income includes salaries, wages, tips, profes- sional fees, or other amounts received as pay for work Federal tax worksheet you actually performed, and any part of a scholarship Note: All references to federal Form 1040 in this work- or fellowship grant you received that is included in sheet also include references to Forms 1040-SR and your federal gross income. 1040-NR, unless otherwise indicated. This also includes versions of these forms in other languages. Standard deduction—Non-U.S. citizens without per- Instructions for Federal tax liability subtraction manent resident status. Your standard deduction is $0, worksheet but you may claim itemized deductions. Line 1: Enter your federal tax liability after nonrefund- Standard deduction—Married filing separately. The able credits but before other taxes. This is found on standard deduction for married individuals filing sep- Form 1040, line 22. arately is $0 if one spouse itemizes. This applies even Line 2: If you need to repay any of the advance pre- if the standard deduction is more than your itemized mium tax credit that you received during the year, enter deductions. the repayment amount claimed on Form 1040, Schedule 2, line 2. If not, enter 0. 2023 federal tax liability subtraction. Complete 40 Line 3: Line 1 minus line 2. If the results are less than the following worksheet to determine your fed- 0, enter 0. eral tax liability subtraction for 2023. Carefully follow the instructions. Don’t confuse your federal tax liabil- Line 4: Enter the total of any other taxes, plus any addi- tions to tax that include only income tax, such as tax ity on your federal return with the federal tax with- credit recaptures, from Form 1040, Schedule 2, lines 8, held on a Form W-2. They aren’t the same. RDPs and 16, and 17. Also include the amount reported on Sched- those filing as “married filing separately for Oregon ule 2, line 10, only if you’re repaying a 2008 first-time only,” use amounts from your actual federal return(s), homebuyer credit and filing federal Form 5405. Include not your “as if” return. any tax on non-effectively connected income from Form 1040-NR, line 23a. Don’t include any additions to The federal tax liability subtraction limit for 2023 is $7,800 tax from Schedule 2, line 17 that are penalties, interest, ($3,900 if married filing separately). The subtraction is excise tax, or other amounts that aren’t income tax. If further limited by the AGI phase-outs shown in Table 6. you have no other taxes, enter 0. Note: Use the worksheet(s) in the “Federal income tax Line 5: Add lines 3 and 4. This is your federal income tax liability before refundable credits. liability” section of Publication OR-17 if any of these situations apply: Line 6: Enter your American Opportunity credit from Form 1040 or 1040-SR, line 29. • You‘re amending your 2023 federal return or we cor- rected the federal tax liability subtraction on your Line 7: Enter your total premium tax credit amount original 2023 Oregon return. from federal Form 8962, line 24. This is your allowable premium credit regardless of any excess advance pay- • A prior year’s federal return was audited or amended, ments you received or credit you’re claiming on your resulting in additional federal tax paid or refunded federal return. in 2023. Line 8: Add lines 6 and 7. These are the total refund- • You paid income tax to a foreign country. able credits that must be subtracted from your federal • You filed your federal return on Form 1040-NR. income tax liability. • You reported recapture taxes or credits on your fed- Line 9: Line 5 minus line 8. If less than 0, enter 0. This is eral return. your federal income tax liability after refundable cred- Caution: Don’t include any of the following in your its (other than EITC). calculation: Line 10: Enter your maximum allowable federal tax • Self-employment tax. liability subtraction amount from Table 6. Don’t enter • Social Security and Medicare tax on tips. more than your limit or less than zero. • Household employment taxes. Line 11: Enter the smaller of line 9 or line 10. This is • Penalties or interest. your federal tax liability subtraction. 150-101-048-1 (Rev. 10-04-23) Draft 4 19 2023 Form OR-40-N and Form OR-40-P Instructions |
Federal tax liability subtraction worksheet Table 6. Federal tax liability subtraction AGI phase-out 1. Federal tax liability (Form 1040 1. And your Then your federal adjusted maximum line 22). gross income is: allowable tax liability 2. Excess advance premium tax 2. If your filing But less subtraction credit (Form 1040, Schedule 2, status is: At least— than— is: line 2). 0 $125,000 $7,800 $125,000 $130,000 $6,250 3. Line 1 minus line 2. (If less than 0, 3. $130,000 $135,000 $4,700 enter 0). Single $135,000 $140,000 $3,100 4. Other taxes (see instructions). 4. $140,000 $145,000 $1,550 $145,000 or more 0 0 $125,000 $3,900 5. Line 3 plus line 4. 5. $125,000 $130,000 $3,125 Married filing $130,000 $135,000 $2,350 6. American Opportunity credit 6. separately $135,000 $140,000 $1,550 (form 1040, line 29). $140,000 $145,000 $775 $145,000 or more 0 7. Premium tax credit (Form 8962, 7. 0 $250,000 $7,800 line 24). Married filing jointly; or $250,000 $260,000 $6,250 8. Line 6 plus line 7. 8. Head of $260,000 $270,000 $4,700 household; or $270,000 $280,000 $3,100 9. Line 5 minus line 8. (If less than 0, 9. Qualifying $280,000 $290,000 $1,550 enter 0). surviving spouse $290,000 or more 0 10. Maximum subtraction amount 10. Total modifications from Schedule OR-ASC-NP. from Table 6. 41 Enter the total from Schedule OR-ASC-NP, 11. Smaller of line 9 or line 10. 11. line D7. Include the schedule with your return. This is your federal tax liability For more information about modifications, see “Deduc- subtraction. tions and modifications” in Publication OR-17. Are you amending your 2023 return? Usually you can’t change your federal tax subtraction on your amended return. See the “Federal income tax liability” section in Publication OR-17 for more information before making changes to this subtraction. 150-101-048-1 (Rev. 10-04-23) Draft 4 20 2023 Form OR-40-N and Form OR-40-P Instructions |
Example: Daniel and Madison are filing a joint return. Form OR-40-N 42 Their Oregon taxable income is $75,500. They use the formula in Chart J for taxable income over $20,400 but Deductions and modifications multiplied by the Ore- not over $250,000 to calculate their tax as follows: gon percentage (Form OR-40-N filers only). Nonresi- dents must complete the worksheet below to determine Tax on the first $20,400 $1,215 the amount of deductions and modifications they’re (from the chart) entitled to claim. Oregon taxable income $75,500 1. Amount from Form OR-40-N, line 39. 1. Minus the first $20,400 – 20,400 Excess over $20,400 $55,100 2. Amount from Form OR-40-N, line 40. 2. Multiply excess by 8.75% x 0.0875 3. Amount from Form OR-40-N, line 41. 3. Tax on excess over $20,400 + $4,821 4. Add lines 1, 2, and 3 above. 4. Total Oregon tax $6,036 5. Oregon percentage from Form 5. OR-40-N, line 35. Other tax methods. If you qualify, you can compute your Oregon tax using any of the following methods: 6. Line 4 times line 5. Enter result on 6. Form OR-40-N, line 42. These are your Farm income averaging method. Did you have income Oregon deductions and modifications. from a farm? You may use the federal farm income averaging method to compute your Oregon tax even if you didn’t use farm income averaging on your federal Form return. Only Oregon-source farm income is considered OR-40-N 43 elected farm income. Use Schedule OR-FIA-40 to com- pute the Oregon tax using this method. You can down- Charitable art donation (Form OR-40-N filers only). load it from our website or contact us to order it. Artists who make a charitable art donation may take a full deduction. See “Artist’s charitable contribution” in If you use Schedule OR-FIA-40-N to calculate your Publication OR-17 to calculate this subtraction. tax, enter the tax amount from Schedule OR-FIA-40-N, line 21, on Form OR-40-N, line 46, and check box 46a. Oregon tax If you use Schedule OR-FIA-40-P to calculate your tax, enter the tax amount from Schedule OR-FIA-40-P, line 20, on Form OR-40-P line 44, and check box 44a. Form Form OR-40-N 46 OR-40-P 44 Don’t include Schedule OR-FIA-40-N or Schedule OR-FIA-40-P with your Oregon return. Keep it with Tax rate charts. Calculate your tax using the applicable your records. formula in the tax rate charts for your filing status. Farm asset capital gain method. Did you sell or • Use Chart S if your filing status is single or married exchange capital assets primarily used in farming filing separately. because you were getting out of a farming business? • Use Chart J if your filing status is married filing Or, did you sell or exchange a farming business in jointly, head of household, or qualifying surviving which you held at least a 10 percent ownership interest? spouse. If so, you may be eligible for a reduced tax rate on the 2023 Tax rate charts Chart S: For persons filing single or married filing separately— If your taxable income is not over $4,050 .......................................................................................your tax is 4.75% of taxable income If your taxable income is over $4,050 but not over $10,200 ..........................your tax is $192 plus 6.75% of excess over $4,050 If your taxable income is over $10,200 but not over $125,000 ...................your tax is $607 plus 8.75% of excess over $10,200 If your taxable income is over $125,000 ........................................................your tax is $10,652 plus 9.9% of excess over $125,000 Chart J: For persons filing jointly, head of household, or qualifying surviving spouse— If your taxable income is not over $8,100 .......................................................................................your tax is 4.75% of taxable income If your taxable income is over $8,100 but not over $20,400 ..........................your tax is $385 plus 6.75% of excess over $8,100 If your taxable income is over $20,400 but not over $250,000 ...............your tax is $1,215 plus 8.75% of excess over $20,400 If your taxable income is over $250,000.......................................................your tax is $21,305 plus 9.9% of excess over $250,000 150-101-048-1 (Rev. 10-04-23) Draft 4 21 2023 Form OR-40-N and Form OR-40-P Instructions |
net capital gain from the proceeds. Download Publica- tion OR-FCG from our website or you can contact us to Credits—Nonrefundable order it. Nonrefundable credits can’t be more than your Oregon Nonresidents. Enter the tax amount from Publica- tax liability. Carryforward credits allow you to claim tion OR-FCG, line 9 on Form OR-40-N, line 46 and unused amounts in a later year. Standard credits can’t check box 46b. be used in any other year. For more information about nonrefundable credits, see Schedule OR-ASC and OR- Part-year residents. Enter the tax amount from Publica- ASC-NP Instructions or “Credits” in Publication OR-17. tion OR-FCG, line 9 on Form OR-40-P, line 44 and check box 44b. Form Form Don’t include Publication OR-FCG with your return. OR-40-N 51 OR-40-P 50 Keep it with your records. Exemption credit. If your federal AGI is more than Oregon qualified business income reduced tax rate. $200,000 ($100,000 if your filing status is single or mar- Did you have business income from a sole proprietorship, ried filing separately), enter 0; otherwise, use this work- partnership, or S corporation in which you materially par- sheet to figure your exemption credit: ticipated? If so, you may qualify to use this reduced tax rate. For details, see Schedule OR-PTE-NR or OR-PTE-PY Exemption credit worksheet on our website or you can contact us to order it. 1. If your federal AGI is more 1. Note: If you elect to use this reduced tax rate for quali- than $100,000 and your filing fying income, the election is irrevocable and must be status is single or married filing made on your original return. An original return separately, or more than $200,000 includes an amended return filed on or before the due for all others, enter 0; otherwise, date, including extensions. You can’t change the elec- enter the number of “regular” tion after your original return has been filed. exemptions from lines 6a and 6b plus the number of dependents Nonresidents. Enter the tax amount from Schedule OR- from line 6c. Don’t include any PTE-NR, line 14a on Form OR-40-N, line 46 and check “Severely disabled” or “Child box 46c. with a qualifying disability” Part-year residents. Enter the tax amount from Sched- exemptions. ule OR-PTE-PY, line 19a on Form OR-40-P, line 44 and check box 44c. 2. If your federal AGI is more than 2. $100,000, enter 0; otherwise, Include the schedule with your Oregon return or sub- enter the number of “Severely mit it at www.oregon.gov/dor; click the link for Rev- disabled” exemptions from lines enue Online and log in or create an account. 6a and 6b. 3. If your federal AGI is more than 3. Form Form OR-40-N 47 OR-40-P 46 $100,000, enter 0; otherwise, enter the number of exemptions Interest on certain installment sales. Did you have for children with a qualifying installment sales that required you to pay interest on disability from line 6d. the deferred tax liability for federal purposes? If so, you 4. Add lines 1, 2, and 3. 4. must also compute interest for Oregon using the same method as for federal. The annual interest rate is 6 per- 5. Line 4 times $236. 5. cent for 2023 and 8 percent for 2024. 6. Enter your Oregon percentage 6. Nonresidents. Use only those installment obligations from Form OR-40-N or Form from dispositions of Oregon property. OR-40-P, line 35, as a decimal. 7. Line 5 times line 6. Round to the 7. Form Form nearest whole dollar. This is your OR-40-N 48 OR-40-P 47 exemption credit. Total tax recaptures from Schedule OR-ASC-NP. All tax recaptures are claimed on Schedule OR-ASC-NP. Enter the total from Schedule OR-ASC-NP, line E5. Include Schedule OR-ASC-NP with your return. 150-101-048-1 (Rev. 10-04-23) Draft 4 22 2023 Form OR-40-N and Form OR-40-P Instructions |
Form Form Form Form OR-40-N 52 OR-40-P 51 OR-40-N 59 OR-40-P 58 Total standard credits from Schedule OR-ASC-NP. All Estimated tax payments for 2023. Enter the total esti- other standard credits are claimed on Schedule OR- mated tax payments you made before filing your ASC-NP. Enter the total from Schedule OR-ASC-NP, 2023 Oregon return. For calendar-year filers, these line F16. Include Schedule OR-ASC-NP with your payments were due April 18, 2023; June 15, 2023; return. September 15, 2023; and January 16, 2024. If you’re filing on extension, include any extension pay- ment made on or before the due date (without exten- Form Form sion), but don’t include any payments made after OR-40-N 55 OR-40-P 54 April 15, 2024. Include any payments from real estate Total carryforward credits from Schedule OR-ASC-NP. transactions. Don’t include the amount reported All carryforward credits are claimed on Schedule OR- on Form OR-40-N, line 58; or Form OR-40-P, line ASC-NP. Enter the total from Schedule OR-ASC-NP, 57. If you need to verify your estimated payments, line G9. Include Schedule OR-ASC-NP with your log into or create your Revenue Online account at return. www.oregon.gov/dor or contact us. Form Form Tax payments and refundable credits OR-40-N 60 OR-40-P 59 Form Form Tax payments from a pass-through entity (PTE). If you’re OR-40-N 57 OR-40-P 56 an owner of a PTE with Oregon-source income and you didn’t join in the filing of a composite return to report Oregon income tax withheld. Enter the total Oregon that income, enter the amount of tax payments made by tax withheld from your wages and other income. the PTE on your behalf. State tax withheld from wages is shown in box 17 of Note: Don’t claim the tax paid on your behalf on the Form W-2 and in the State area of various 1099 forms. composite return, Form OR-OC, as a tax payment on Don’t include the FICA (Social Security) tax with- your individual return. That payment was already used held or tax withheld from your wages by other states. to pay the tax on the income reported on Form OR-OC. You must include a legible, unaltered copy of your Form W-2 from each job and any Form 1099 showing Note: Do not include the PTE elective tax (PTE-E tax) Oregon income tax withheld with your Oregon return. credit on this line. Refer to Publication OR-17 for more information about the PTE-E tax credit. If you don’t have a Form W-2 or 1099, you must provide other proof of Oregon tax withheld. Proof may include Refundable credits. Refundable credits reduce the a copy of a final paycheck stub or a letter from your amount of tax that you owe. Any amount that is more employer. If you file before February 1, 2024, we can than your tax liability is treated the same way as an accept only a Form W-2 or 1099 as proof. overpayment. Refundable credits not explained here are claimed on Schedule OR-ASC-NP. If you have tax to pay, you may want to increase the amount your employer or other payer withholds For more information about refundable credits, see from your wages or other income. For withholding the Schedule OR-ASC and OR-ASC-NP Instructions or information, go to www.oregon.gov/dor. “Credits” in Publication OR-17. Form Form Form Form OR-40-N 58 OR-40-P 57 OR-40-N 61 OR-40-P 60 Amount applied from your prior year’s tax refund. Earned income credit. Oregon’s earned income credit Enter the amount of any prior-year refund you applied is a percentage of the earned income tax credit (EITC) as a payment of 2023 estimated tax. If we adjusted your claimed on your federal return. The percentage is based applied refund, be sure to use the adjusted amount. on the age of your youngest dependent at the end of the If you need to verify your applied refund amount, tax year. Note to RDPs: You may claim this credit if log into or create your Revenue Online account at you would otherwise qualify for the EITC using your www.oregon.gov/dor or contact us. “as if” federal return. 150-101-048-1 (Rev. 10-04-23) Draft 4 23 2023 Form OR-40-N and Form OR-40-P Instructions |
Note: If you can’t claim the federal EITC or can only one that is age 5 or younger and listed as a dependent claim a portion of the federal EITC because you, your on your Oregon return. spouse, or your child(ren) do not have an SSN that is Note for divorced, separated, or unmarried parents: valid for work or are using an ITIN, you may qualify Special rules apply when the exemption for a child is for the earned income credit for ITIN filers. See Sched- released by the parent with whom the child lives for ule OR-EIC-ITIN Instructions or Publication OR-17 for most of the year to the other (noncustodial) parent: additional information. • If a child is listed as a dependent on your Oregon Use Table 7 and the following worksheet to figure your return only because the custodial parent released the credit. child’s exemption to you, the child doesn’t qualify for Table 7. EIC percentage this credit. • A child whose exemption was released to the non- Age of youngest dependent Percentage of custodial parent, but who otherwise qualifies as your at end of tax year federal EITC dependent, qualifies for this credit even if the child isn’t listed as your dependent on your Oregon return At least 3 years old, or no 9 percent (0.09) due to the released exemption. dependents Instructions for Oregon Kids Credit worksheet Younger than 3 12 percent (0.12) Line 3. This is your qualifying income. If this line is $30,000 or more, you can’t claim the Oregon Kids Credit. Earned income credit worksheet Line 14. Your qualifying income includes losses 1. Enter your federal EITC from 1. deducted from your federal AGI on your Form 1040, Form 1040 or 1040-SR, line 27. if those losses total more than $20,000. Enter losses 2. Enter the percentage from the 2. claimed on your Form 1040 and Schedule OR-ASC-NP table as a decimal. (using subtraction codes 321, 355, 356, or 357), as listed 3. Line 1 times line 2. 3. on lines 14a through 14g, and the total of any losses 4. Enter your Oregon percentage 4. claimed as subtractions on line 14h. If the amount from line 35, as a decimal. shown on the referenced Form 1040 line is not a loss, do 5. Line 3 times line 4. This is your 5. not enter it on the worksheet. Enter all losses as positive Oregon earned income credit. numbers. Example 1. Colten reported additional income from Form Form rental real estate on his Form 1040, Schedule 1, line 5 of OR-40-N 62 OR-40-P 61 $8,000. He also reported his farm loss on his Form 1040, Schedule 1, line 6 of $6,000. Colten enters 0 on line 14d Oregon Kids Credit. The Oregon Kids Credit is avail- for rental real estate, as he did not have a loss reported able for low-income taxpayers with dependents age 5 or on his Form 1040 on Schedule 1, line 5. He enters 6,000 younger on their Oregon tax return. on line 14e, as he did report a farm loss on his Form 1040, Schedule 1, line 6. Colten enters his total losses of Eligibility. To be eligible for the Oregon Kids Credit, $14,000 on line 14h. He enters 0 on line 14, since his total you must: losses minus 20,000 are less than 0. 1. Have a filing status of single, married filing jointly, Example 2. Michaela reported a business loss on her head of household, or qualifying surviving spouse. Form 1040, Schedule 1, line 4 of ($15,500). She would Those filing as married filing separately do not qual- enter $15,500 on line 14b of the worksheet. She had a ify for this credit. rental real estate loss reported on her Form 1040, Sched- ule 1, line 5 of ($8,000). She enters $8,000 on line 14d 2. Have dependents age 5 or under listed on your Ore- of the worksheet. She has no other losses reported. gon return. Michaela enters her total losses of $23,500 on line 14h. 3. Have a qualifying income of under $30,000, includ- She enters $3,500 on line 14 (23,500 - 20,000). ing Oregon additions and subtractions. See work- Line 14b. If you claimed a subtraction using code 359 sheet instructions below for more information. Use or 385, compare your subtraction amount to the income the Oregon Kids Credit worksheet to figure your reported on Form 1040, Schedule 1, line 3. If the subtrac- credit. tion is less than your income, you don’t have a loss; skip Credit amount. The Oregon Kids Credit is up to $1,000 line 14b. Otherwise, subtract the income amount from per qualifying dependent. A qualifying dependent is the subtraction amount and enter the result on line 14b. 150-101-048-1 (Rev. 10-04-23) Draft 4 24 2023 Form OR-40-N and Form OR-40-P Instructions |
Oregon Kids Credit Worksheet 11. Line 9 minus line 10. 11. Part A: Income 12. Enter your Oregon percentage from 12. 1. Enter your income after subtractions 1. Form OR-40-N or Form OR-40-P, from Form OR-40-N or Form OR-40-P, line 35. line 35F. 13. Line 11 multiplied by line 12. This 13. 2. Enter your losses, as positive amounts, from: is your Oregon Kids Credit. 2a. Capital (loss) from Form 2a. 1040, line 7 Enter the amount from line 13 on 2b. Business (loss) from 2b. Form OR-40-N, line 62 or Form 1040, Schedule 1, Form OR-40-P, line 61. line 3 2c. Other (loss) from Form 2c. Form Form 1040, Schedule 1, line 4 OR-40-N 63 OR-40-P 62 2d. Rental real estate, etc. 2d. (loss) from Form 1040, Kicker (Oregon surplus) credit. The Oregon surplus Schedule 1, line 5. credit, known as the “kicker,” is a way for state govern- 2e. Farm (loss) from Form 2e. ment to return some of your taxes to you when reve- 1040, Schedule 1, line 6. nues are more than predicted. The Oregon Department 2f. Net operating loss from 2f. of Administrative Services determines whether there is Form 1040, Schedule 1, a surplus and the amount to be returned to taxpayers as line 8a a kicker. If there’s a surplus, the kicker may be claimed 2g. Add lines 2a through 2f. 2g. on the return as a refundable tax credit. If there’s no surplus, there’s no kicker. Is line 2g more than $20,000? 2. If yes, enter the amount from line Eligibility. To be eligible for a kicker, you must: 2g here. 1. File your 2022 Oregon return before you file your If no, enter $0 here. 2023 return. 3. Line 1 plus line 2. 3. 2. Have an Oregon tax liability for 2022. 4. Enter the amount from Form 1040, 4. line 11. 3. File a 2023 Oregon return, even if you don’t otherwise 5. If line 4 is more than line 3, enter the 5. have a filing requirement. amount from line 4 here. Otherwise, Kicker amount. In general, your kicker is a percent- enter the amount from line 3. age of your total Oregon personal income tax liability Is line 3 $30,000 or more? for the prior year, as adjusted or amended. Your total If yes, STOP. You can’t claim the Oregon Kids Credit. personal income tax liability is your Oregon income If no, continue to Part B. tax before all payments or credits other than the credit Part B: Credit amount for taxes paid to another state. For 2023, your kicker is 17.341 percent of your 2022 total Oregon personal 6. Phaseout amount. 6. $25,000 income tax liability. 7. Line 5 minus line 6. If less than zero, 7. enter 0. Amended 2022 returns. If your 2022 return is amended or adjusted after you file your 2023 return, we will auto- 8. Line 5 divided by $5,000. Round to 8. matically adjust your kicker amount. If the changes to two decimal places. your 2022 return reduce your tax liability, your kicker 9. Credit amount before phaseout: amount may be reduced as well. If so, we may send you 9a. Number of dependent 9a. a bill for the amount of the reduction along with any children age five or interest or penalty. younger. Don't enter Kicker donation. Personal income taxpayers may elect more than 5. to donate their kicker to the Oregon State School Fund 9b. Maximum credit 9b. $1,000 for public K-12 education. This election is irrevocable amount per child. after the due date of the original return. When you Line 9a multiplied by line 9b. 9. file your return, you must choose to do one of the following: 10. Credit reduction. Line 8 multiplied 10. • Claim all of your kicker credit; or by line 9. • Donate all of your kicker to the State School Fund. 150-101-048-1 (Rev. 10-04-23) Draft 4 25 2023 Form OR-40-N and Form OR-40-P Instructions |
If you want to donate only a part of your kicker, you Optional: Complete Part A if: first have to claim all of your kicker credit on your return. Then, once you receive it, use it to make your Your filing status in And: donation. The Oregon State School Fund’s address is: 2022 was: 2023 is: Oregon Department of Education Joint Joint You had the same spouse in Attn: OFA Cashier both 2022 and 2023. 255 Capitol St NE Non-joint Non-joint Salem OR 97301 Joint Joint or Your spouse died in 2022 and How to calculate your kicker amount non-joint no separate 2023 return is being filed on their behalf, or Online assistance. Revenue Online can calculate your your spouse died in 2023. kicker amount if: • Your filing status was the same for 2022 and 2023, and Deceased taxpayer. The surviving spouse of a deceased • You filed with the same spouse (if married) for both taxpayer may claim the full amount of the kicker if a years. joint return was filed for 2022. A deceased taxpayer’s Look for “What’s my Kicker” on Revenue Online at personal representative may file a 2023 return on the www.oregon.gov/dor. taxpayer’s behalf to claim their kicker. Kicker worksheet. This worksheet can help you calcu- How do I find my 2022 total Oregon personal income late your kicker amount. It’s divided into three parts: tax liability? Use Table 9 and your 2022 Oregon return to locate your tax before credits and any credit(s) Part A— Calculate your 2022 total personal income tax you claimed for income taxes you paid to another liability and kicker amount. state (using code 802 or 815) on Schedules OR-ASC or Part B— Prorate your total personal income tax liabil- OR-ASC-NP. ity, if necessary. Part C— Add individual kicker amounts together for Table 9: Where to find tax liability. joint 2023 returns, if necessary. If you filed: Tax before Credits using code 802 If you’re completing Part B or Part C, you may need to credits: or 815 from: use Part A or Part B more than once. Form OR-40 Line 22 Schedule OR-ASC, Section C Same filing and marital status. For most taxpayers, all you need to do is multiply your 2022 total Oregon per- Form OR-40-N Line 48 Schedule OR-ASC-NP, sonal income tax liability times 0.17341. You can also Form OR-40-P Line 47 Section E use Part A of the worksheet. Change in filing or marital status. Some taxpayers Kicker worksheet who filed a joint return for 2022 must prorate their Part A—Total personal income tax liability and kicker. kicker based on their share of 2022 federal AGI. Some taxpayers whose filing or marital status was different 1. Tax before credits (see Table 9). 1. in 2022 may need to combine their kickers on a joint 2023 return. Use Table 8 to see if you need to prorate 2. Credit for income taxes paid to 2. your kicker using Part B and/or combine your kickers another state using code 802 or using Part C. 815 (see Table 9). Table 8: Prorated and/or combined kickers. 3. Line 1 minus line 2. This is your 3. total personal income tax liabil- Complete Parts A and B if: ity for 2022. 4. Line 3 times 0.17341. Round to 4. Your filing status in And: the nearest dollar. This is your 2022 was: 2023 is: kicker. Joint Non-joint You were divorced in 2022 or you’re married but filing Part B – Prorated kicker. separate returns. See Table 8. Complete lines 5 through 8 only if you filed Joint Non-joint Your spouse died in 2022 and a joint return in 2022 and your 2023 filing status is non- their personal representative joint or joint but with a different spouse. Before you or estate is filing a separate start, determine your share of 2022 federal AGI.* 2023 return on their behalf. 150-101-048-1 (Rev. 10-04-23) Draft 4 26 2023 Form OR-40-N and Form OR-40-P Instructions |
5. Federal AGI for 2022. Form 5. They skip Part B because neither one filed a joint return OR-40, line 7; Form OR-40-N or for 2022. They complete Part C to find their combined OR-40-P line 29F. kicker: 6. Your share of federal AGI for 6. 9. Hudson’s kicker from 2022. line 4 of his worksheet $ 1,301 7. Line 6 divided by line 5. Round 7. 10. Olivia’s kicker from to two decimal places. line 4 of her worksheet $ 520 8. Line 4 times line 7. This is your 8. 11. Line 9 plus line 10 $ 1,821 prorated kicker. Hudson and Olivia’s combined kicker is $1,821. Part C – Combined kicker. Example 2: Ella and Emerson filed a joint 2022 Oregon return. They were divorced in 2023 and are filing sepa- Complete Part C only if you’re filing a joint return for rate returns. On their 2022 return, their tax before cred- 2023 and you and your spouse didn’t file a joint return its was $6,500, and they had a $300 credit for income tax together for 2022. they paid to another state. Their 2022 federal AGI was 9. Kicker amount from your 9. $90,000; Ella’s share was $40,000 and Emerson’s share worksheet, line 4 (or line 8 if you was $50,000. Each completes Parts A and B of the work- completed Part B). sheet to find their prorated kicker. 10. Your spouse’s kicker from their 10. Ella’s worksheet: worksheet, line 4 (or line 8, if Part A: they completed Part B). 1. Tax before credits $ 6,500 11. Line 9 plus line 10. This is your 11. 2. Credit for tax paid – 300 combined kicker. 3. Total personal tax liability $ 6,200 *Consider each spouse’s individual income (such as 4. Line 3 times 0.17341 $ 1,075 wages, pensions or self-employment) and adjustments. Use a reasonable method to divide joint income (such Part B: as capital gains from the sale of jointly-owned property 5. Federal AGI $ 90,000 or interest on joint bank accounts) and adjustments. If 6. Ella’s share of AGI $ 40,000 the 2022 federal AGI on a joint return was zero or less, 7. Line 6 divided by line 5 0.44 but the Oregon tax liability was more than zero, contact 8. Line 4 times line 7 $ 473 us for help. Emerson’s worksheet: Example 1: Hudson and Olivia each filed their 2022 Oregon return using the single filing status. Hudson’s Part A: tax liability was $8,000 and he claimed a $500 credit 1. Tax before credits $ 6,500 for income taxes paid to another state on Schedule OR- 2. Credit for tax paid – 300 ASC. Olivia’s tax liability was $3,000, and she paid state 3. Total personal tax liability $ 6,200 income tax only to Oregon. Hudson and Olivia were 4 Line 3 times 0.17341 $ 1,075 married in 2023 and are filing a joint Oregon return. They each complete Part A of the worksheet as follows: Part B: 5. Federal AGI $ 90,000 Hudson’s worksheet: 6. Emerson’s share of AGI $ 50,000 Part A: 7. Line 6 divided by line 5 0.56 1. Tax before credits $ 8,000 8. Line 4 times line 7 $ 602 2. Credit for tax paid – 500 3. Total personal tax liability $ 7,500 Ella’s prorated kicker is $473 and Emerson’s prorated 4. Line 3 times 0.17341 $ 1,301 kicker is $602. Example 3: Orlando and Cortney filed a joint Oregon Olivia’s worksheet: return in 2022. Their Oregon tax before credits was Part A: $7,500, and they didn’t claim a credit for income taxes 1. Tax before credits $ 3,000 paid to any other state. Their federal AGI was $80,000; 2. Credit for tax paid – 0 Cortney’s share was $48,000 and Orlando’s share was 3. Total personal tax liability $ 3,000 $32,000. They were divorced in early 2023, and Cort- 4. Line 3 times 0.17341 $ 520 ney married Justin later that year. Justin had filed 150-101-048-1 (Rev. 10-04-23) Draft 4 27 2023 Form OR-40-N and Form OR-40-P Instructions |
a non-joint Oregon return for 2022. His Oregon tax Donate your kicker. If you elect to donate your kicker before credits was $2,000 and he claimed a $200 credit to the Oregon State School Fund, enter 0 on Form OR- for taxes paid to another state. Orlando didn’t remarry 40-N, line 63 or Form OR-40-P, line 62 and see the in 2023. Orlando, Cortney, and Justin figure their kick- instructions for Form OR-40-N, line 79 or Form OR- ers as follows: 40-P, line 78. Reminder: This election is irrevocable after the due date of the original return. Orlando’s worksheet: Note about offsets: If you claim the kicker credit and it Part A: reduces your 2023 tax liability to zero, any excess will 1. Tax before credits $ 7,500 be treated like a refund of overpaid tax. This means 2. Credit for tax paid – 0 that it may be offset (applied as a payment) against any 3. Total personal tax liability $ 7,500 tax or other liabilities you owe before the balance is 4. Line 3 times 0.17341 $ 1,301 refunded to you or applied (see Refund applications, below). If you donate your kicker, it may be used first to Part B: offset tax or other liabilities you owe, with any remain- 5. Federal AGI $ 80,000 ing amount donated to the Oregon State School Fund. 6. Orlando’s share of AGI $ 32,000 If this happens, we’ll send you a notice to let you know. 7. Line 6 divided by line 5 0.40 8. Line 4 times line 7 $ 520 Form Form Cortney’s worksheet: OR-40-N 64 OR-40-P 63 Total refundable credits from Schedule OR-ASC-NP. Part A: Enter your total refundable credits from Schedule OR- 1. Tax before credits $ 7,500 ASC-NP, line H7. Include Schedule OR-ASC-NP with 2. Credit for tax paid – 0 your return. 3. Total personal tax liability $ 7,500 4. Line 3 times 0.17341 $ 1,301 Penalties and interest Part B: 5. Federal AGI $ 80,000 Form Form 6. Cortney’s share of AGI $ 48,000 OR-40-N 68 OR-40-P 67 7. Line 6 divided by line 5 0.60 8. Line 4 times line 7 $ 781 Your 2023 tax must be paid by April 15, 2024, even if you requested an extension of time to file your return. Your 2023 return must be filed by April 15, 2024. If you Justin’s worksheet: requested an extension, your return must be filed by Part A: October 15, 2024. 1. Tax before credits $ 2,000 Round the total of penalties and interest to the near- 2. Credit for tax paid – 200 est whole dollar. For more information and examples 3. Total personal tax liability $ 1,800 showing how penalties and interest are calculated, see 4. Line 3 times 0.17341 $ 312 “Interest and penalties” in Publication OR-17. Penalties Justin skips Part B because he filed a non-joint return for 2022. He and Cortney complete Part C: Penalty amounts are based on the tax after all credits shown on your return. To find your tax after all cred- 9. Cortney’s kicker from its, start with your tax after standard and carryforward line 8 of her worksheet $ 781 credits (Form OR-40-N, line 56; Form OR-40-P, line 55), 10. Justin’s kicker from then subtract the refundable credit amounts (Form line 4 of his worksheet $ 312 OR-40-N, lines 61 through 64; Form OR-40-P, lines 60 11. Line 9 plus line 10 $ 1,093 through 63. Cortney and Justin’s combined kicker is $1,093. Orlan- • Failure-to-file penalty. Include a penalty for failure do’s kicker is $520. to file a return if: — Your return is filed more than three months after Claim your kicker credit. If you’re claiming your kicker the due date (or extension due date); and credit, enter the amount from line 4, line 8, or line 11 of — You didn’t pay all of your tax by April 15, 2024. the worksheet, as applicable, on Form OR-40-N, line 63, or Form OR-40-P, line 62. The penalty for failure to file is 20 percent of your tax after all credits that wasn’t paid by April 15, 2024. 150-101-048-1 (Rev. 10-04-23) Draft 4 28 2023 Form OR-40-N and Form OR-40-P Instructions |
• Failure-to-pay penalty. Include a penalty for failure Form Form to pay if: 69 OR-40-P 68 OR-40-N — Less than 90 percent of your tax after all credits was paid by April 15, 2024, or Interest on underpayment of estimated tax. Under- — You paid at least 90 percent of your tax after cred- payment interest is charged if: its by April 15, 2024, but you aren’t paying the bal- ance of unpaid tax in full when you file. • Your tax after all credits and withholding is $1,000 or more; The penalty for failure to pay is 5 percent of your tax • You were required to make estimated tax payments; after all credits that wasn’t paid by April 15, 2024. • One or more of your required installments was Failure to file and pay. If both penalties apply, your underpaid; and total penalty will be 25 percent of your tax after all • You don’t qualify for an exception. credits that wasn’t paid by April 15, 2024. Note: You could be charged interest on underpayment First-time home buyer savings account (FTHBSA) of estimated tax even if Form OR-40-N, line 66 or Form penalty for nonqualified withdrawal. Include a pen- OR-40-P, line 65 shows a refund. alty of 5 percent of the funds withdrawn from your See Form OR-10 to determine if you owe underpayment FTHBSA if you withdrew funds from your account for interest or qualify for an exception. Download the form a purpose other than pur chasing a home. from our website or contact us to order it. No penalty will be imposed if: If you owe underpayment interest, enter the amount from line 4 of Form OR-10. If you qualify for an excep- • The account holder: tion, enter the exception number from line 1 of the form — Dies. inside box 69a on Form OR-40-N or box 68a on Form — Files bankruptcy. OR-40-P. If you used the Annualized Income Work- — Becomes permanently unable to regularly per- sheet (located in Form OR-10 Instructions) to figure form work at a gainful and suitable occupation your interest, check box 69b on Form OR-40-N or box due to loss of any bodily function. 68b on Form OR-40-P. Include Form OR-10 with your • The funds are withdrawn more than 10 years after return. Keep your underpayment interest worksheets the account was opened. and any required statements with your records. This penalty is in addition to all other penalties pro- vided by law. Withdrawn funds that are subject to this penalty also must be added back to Oregon income. See Amount due this topic in “Additions” in Publication OR-17. Form Form Interest on unpaid tax 71 OR-40-P 70 OR-40-N You’ll owe interest on the amount of tax that wasn’t paid by April 15, 2024. Interest starts accruing on April 16, Amount you owe. Enter your total unpaid tax plus pen- 2024 and continues to accrue every day, including the alties and interest. Note: If you have an overpayment date of your payment. on Form OR-40-N, line 66 or Form OR-40-P, line 65 and Interest is figured daily, based on a 365-day year. The the overpayment is less than the total penalties and annual interest rate for 2024 is 8 percent, or 0.0219 per- interest you entered on Form OR-40-N, line 70 or Form cent per day. OR-40-P, line 69: To figure your interest, count the number of days start- • On Form OR-40-N, enter the amount from line 70 ing with April 16, 2024, and ending with the date of minus the amount on line 66. your payment. Multiply your unpaid tax by the num- • On Form OR-40-P, enter the amount from line 69 ber of days, then multiply that amount by 0.000219 (the minus the amount on line 65. daily rate converted to a decimal). Amount to pay. If you’re filing your return on or before Interest rate increase. If we bill you for unpaid tax, and the due date (without extensions), pay the amount the tax isn’t paid in full within 60 days from the date of shown on this line. If you’re filing your original return our billing notice, the annual interest rate increases by after the due date, subtract any payments you made 4 percentage points, to 12 percent. after the due date of the return (without extensions) from the amount on this line before you make your Amended return. If you’re amending your return, cal- payment. For amended returns, pay the amount shown culate the interest based on the additional amount of on the Amended Worksheet, line 11. tax you must pay (line 5 of the Amended worksheet). 150-101-048-1 (Rev. 10-04-23) Draft 4 29 2023 Form OR-40-N and Form OR-40-P Instructions |
Payment options Refund You may pay electronically with your checking or sav- Form Form ings account, credit card, check, cashier’s check, or OR-40-N 72 OR-40-P 71 money order. Cash payments can be made only at our main office in Salem. If the amount due is less than $2, Refund. Enter your overpayment minus any penalty no payment is required. or interest (Form OR-40-N, line 66 minus line 70; Form OR-40-P, line 65 minus line 69). Note: If the total pen- Electronic payment from your checking or alty and interest is more than your overpayment, see savings account the instructions for Form OR-40-N, line 71 or Form OR- You can pay your current year income taxes, 2024 esti- 40-P, line 70. mated income taxes, any prior year taxes due, and You have three years from the due date of the return amended return taxes directly from your checking or to file a claim for your refund. By law, we can’t issue savings account. There is no fee to use this service. a refund if you file your return more than three years This option is available only through our website. Go to after the return’s due date (excluding extensions) or if Revenue Online at www.oregon.gov/dor. the refund is less than $1. For more information about the time limit for claiming a refund, see “Payments and Direct debit may be available with e-filed returns at the refunds” in Publication OR-17. time of filing. Interest on refunds. See “Interest and penalties” in Credit card payments Publication OR-17 for information about interest paid You can pay with your Discover, MasterCard, or Visa on refunds. credit card. The service provider will charge you a Refund applications convenience fee. The service provider will tell you what the fee is during the transaction; you will have If Form OR-40-N, line 72 or Form OR-40-P, line 71 shows the option to continue or cancel the transaction before a refund, you may use some or all of it to: entering your credit card information. If you complete • Make an estimated tax payment for a later year. the credit card transaction, you will receive a confirma- • Donate to one or more of the charitable organizations tion number. Keep this confirmation number as proof listed on Schedule OR-DONATE. of payment—don’t send it with your return. • Make a deposit to an Oregon college or MFS 529 sav- To pay by credit card, go to Revenue Online at ings account. www.oregon.gov/dor. Each of these applications will reduce your refund. The combined total of all applications can’t be more than Check or money order the amount of your refund. • Make your check or money order payable to “Oregon Department of Revenue.” Note: A refund of overpaid tax will be offset against • Write all of the following on your payment: outstanding debt before any amount is applied or — The tax year (2023). refunded to you. — The form you’re filing (Oregon Form OR-40-N or Instructions for amended returns. If line 5 of the OR-40-P). Amended worksheet shows a refund, you can use — The last four digits of your SSN or ITIN. some or all of it for the refund applications listed above. • Use blue or black ballpoint ink. Don’t use red or pur- However, you can’t reduce any amounts you’ve already ple ink or gel pens. applied from a refund on your original return. See the • Don’t send cash or a postdated check. instructions for each application for details. Form OR-40-V. Use the voucher only if you’re mak- Form Form ing a separate payment by check, cashier’s check, or OR-40-N 73 OR-40-P 72 money order. Don’t use the voucher if you’re including a payment with your return or making an electronic Open estimated tax account. Enter the amount of your payment. See Form OR-40-V Instructions for additional refund you want to apply as a tax payment for a later information. year. This amount will be applied to your open esti- mated tax account (to a year where you will be filing Payment plan. If you can’t pay in full now, pay what a tax return). Generally, the payment will be applied to you can. Contact us and we will help you set up a pay- the 2024 tax year, unless you’re filing a delinquent or ment plan for the amount you’re unable to pay with amended return. For more information, see “Payments your return. and refunds” in Publication OR-17. 150-101-048-1 (Rev. 10-04-23) Draft 4 30 2023 Form OR-40-N and Form OR-40-P Instructions |
Instructions for amended returns. Enter the amount, if Form Form any, from a refund on your original return that you’ve 77 OR-40-P 76 OR-40-N already applied as an estimated tax payment for a later year. If line 5 of the Amended worksheet shows a refund Net refund. You must reduce your refund by any and you want to apply some or all of it as an estimated amounts applied to your open estimated tax account, tax payment, include the amount you want to apply. charitable checkoff donations, and Oregon college or MFS 529 savings plan accounts. By law, we can’t issue Form Form OR-40-N 74 OR-40-P 73 or apply a refund if you file your return more than three years after the return’s due date (excluding Charitable checkoff. Enter the amount from line 30 of extensions). Schedule OR-DONATE. For more information, see the schedule instructions. You can download Schedule Direct deposit OR-DONATE from our website or you can contact us to order it. Form Form Note: If your refund—after being applied to an open OR-40-N 78 OR-40-P 77 estimated tax account—is less than your total donation In most cases, we can deposit your refund directly into amount, your donations will be prorated. your checking or savings account instead of mailing To make direct donations instead, you can find each you a check. However, federal banking regulations pre- charity’s address listed on our website. Don’t mail your vent us from making a refund by direct deposit if the donations to us. final destination is an account outside the United States. In that case, we must issue a paper check instead. Instructions for amended returns. Enter the amount, if any, from a refund on your original return that Before you enter your information, verify that your you applied as charitable donations using Schedule deposit will be accepted and confirm your correct routing OR-DONATE. If line 5 of the Amended worksheet and account numbers. You can find a diagram of a per- shows a refund, you can donate some or all of it to one sonal check showing where these numbers are located in or more of the listed charities. Include this amount the “Payments and refunds” section of Publication OR-17. and an amended Schedule OR-DONATE with your Follow these steps to make sure your refund will be amended return. Note: The refund from your amended deposited into the correct account: return will be applied as a donation for the calendar year in which you’re filing it. 1. Check the box if the final destination for your refund would be an account outside the United States. Form Form Note: If you check this box, you will be issued a OR-40-N 75 OR-40-P 74 paper check. Oregon college or MFS 529 savings plan. Enter the 2. Check the appropriate box, either checking orsav- amount from line 5 of Schedule OR-529. For minimum ings, but not both. deposit amounts and other information, see the sched- 3. Enter your nine-digit routing number. Routing ule instructions. You can download Schedule OR-529 numbers begin with the digits 01 through 12, 21 from our website or contact us to order it. through 32, or 61 through 72. Note: If the amount of your refund —after any appli- 4. Enter your account number. Account numbers can cation to an open estimated tax account or charitable be up to 17 characters (both numbers and letters). checkoff donation—is less than the total amount you Don’t include hyphens, spaces, or special symbols. want to deposit, no deposit will be made. 5. Double-check the account and routing numbers. Instructions for amended returns. Enter the amount, These numbers can’t be changed after the return if any, from a refund on your original return that you is filed. applied as an Oregon college or MFS 529 savings plan deposit. If line 5 of the Amended worksheet shows a refund, add the amount you want to apply as a deposit and include an amended Schedule OR-529 with your amended return. The refund will be applied for the year in which you’re filing the amended return. 150-101-048-1 (Rev. 10-04-23) Draft 4 31 2023 Form OR-40-N and Form OR-40-P Instructions |
authorization, download Form OR-AUTH from our Kicker donation website or contact us to order it. Form Form Contact the following agencies to check the status of OR-40-N 79 OR-40-P 78 your Oregon tax practitioner: • State Board of Tax Practitioners at 503-378-4034 You may choose to donate all of your kicker to the (Salem) for licensed tax consultants or preparers, or Oregon State School Fund. The election to donate your go to www.oregon.gov/obtp. kicker cannot be changed after the due date of the • State Board of Accountancy at 503-378-4181 (Salem) original return. No partial donations are allowed. If for public accountants and certified public accoun- any amount other than 0 is entered on Form OR-40-N, tants, or go to www.oregon.gov/boa. line 63 or Form OR-40-P, line 62, your donation won’t be made. Preparer license number. Licensed tax consultants and tax preparers: enter your license number. CPAs: enter To make the donation: your certificate number. Tax-Aide volunteers: enter 1. See the instructions for Form OR-40-N, line 63 your TCE site number. All others: leave blank. Don’t or Form OR-40-P, line 62 to calculate your kicker enter your driver license number. amount. 2. Make sure that you’ve entered 0 on Form OR-40-N, Before you file line 63 or Form OR-40-P, line 62. 3. Check box 79a on Form OR-40-N or box 78a on Copy of federal return. Before you assemble your Ore- Form OR-40-P. gon return, make a copy of both sides of your federal 4. Enter your entire kicker amount on Form OR-40-N, Form 1040, 1040-SR, or 1040-NR along with Schedules 1 line 79b or Form OR-40-P, line 78b. through 3 (as applicable), or Form 1040-X. Reminder: This election is irrevocable. The election to Don’t include any other federal schedules. Keep these donate your kicker can not be changed or revoked after with your records; we may ask for them later. the due date of the original return. To make a change or If you created an “as if” federal return, use blue or black correction to your election, your amended return must ink to label it “as if” on the top left corner. Include it be received by the due date of the original return. along with the copy of your actual federal return (and See the instructions for calculating your kicker for any amendments). more information. Failure to include your federal return will delay pro- cessing, and items claimed on your Oregon return Signature block may be adjusted or denied. Signature(s). Be sure to sign and date your return. If Amended Oregon return. If you’re amending your you’re filing a joint return, both taxpayers must sign. By Oregon return due to changes to your federal return or signing the return, you acknowledge, under penalty of a return you filed with another state, include a copy of false swearing, that the information on the return and your amended or corrected federal or other state return any attachments is true, correct, and complete. or audit report. If you’re amending only your Oregon return, include a copy of your original federal or other Minor child’s return. If your child can’t sign their tax state return. return, you may sign the child’s name as their legal agent. Sign the child’s name, then write “By [your signa- Assemble your Oregon return. Assemble your return ture], parent (or other legal guardian) of minor child.” in the order shown below. If a form has more than one page, be sure that you’ve included all pages and that Preparer signature. Anyone who prepares, advises, they’re all from the same 2023 form. For example, if or assists in preparing personal income tax returns you’re filing Schedule OR-WFHDC, Schedule OR-A, in exchange for compensation of any kind must be or Schedule OR-ASC-NP, be sure that “2023 Schedule licensed to prepare Oregon returns and must sign the OR-WFHDC”, “2023 Schedule OR-A” or “2023 Sched- return. ule OR-ASC-NP” is printed at the top of each page and Signing the return doesn’t grant your preparer the that you’ve included all pages associated with each right to represent you or make decisions on your schedule. behalf. For more information about representation and 150-101-048-1 (Rev. 10-04-23) Draft 4 32 2023 Form OR-40-N and Form OR-40-P Instructions |
Important: Don’t use staples, paperclips, tape, or If you have tax to pay, review the instructions for Form other fasteners. Doing so will delay processing. OR-40-N, line 71 or Form OR-40-P, line 70. 1. Payment by check or money order, if any. Don’t use Verify your account information if you’re requesting a a voucher. refund by direct deposit. 2. Form(s) W-2 and 1099 showing Oregon tax Sign your return. Both spouses must sign a joint return. withheld. 3. Form OR-40-N or Form OR-40-P. Include legible copies of all W-2 and 1099 forms show- 4. Schedule OR-A. ing Oregon income tax withheld. Place them on top of your return along with any payment by check, cashier’s 5. Schedule OR-ASC-NP. check, or money order. 6. Schedule OR-ADD-DEP. 7. Schedule OR-DONATE. Include a copy of your federal return (front and back) 8. Schedule OR-529. with your Oregon return. Include federal Schedules 1 through 3 (if applicable), but don’t include other federal 9. Schedule OR-PTE-NR or OR-PTE-PY. schedules unless otherwise instructed. Place it behind 10. Form OR-10. all Oregon forms and schedules. 11. Schedule OR-EIC-ITIN. 12. Schedule OR-WFHDC. Payment by check, cashier’s check, or money order should be placed on top of your return. Don’t mail cash. 13. Other Oregon schedules required to be included Don’t use a voucher. with your return. 14. If you’re an RDP filing separately for Oregon, your Don’t use staples, paper clips, tape, or other fasteners. partner’s Oregon return. Mail your return in a stamped envelope. Use a busi- 15. Your federal return(s) and schedules. ness-size (4 × 9½ inches) or larger envelope with ade- Note: If you’re making an estimated tax payment for quate postage. Don’t use a smaller envelope—it delays 2024 by check or money order, send the payment in a processing. separate envelope with a completed Form OR-40-V. Don’t include your 2024 payment or voucher with your 2023 return. Tax return mailing addresses Mail refund returns or Mail tax-to-pay Avoid processing delays no-tax-due returns to: returns to: REFUND Oregon Department of Revenue Type or clearly print your name, SSN, date of birth, PO Box 14700 PO Box 14555 complete mailing address, and daytime phone number Salem OR 97309-0930 Salem OR 97309-0940 on your return. Include all pages of your Oregon return. Double-check your figures and other numbers, including your SSN. Errors will delay processing. Common mistakes are: • Math errors. • A wrong amount claimed for the federal tax liability subtraction. • Using the wrong line or column on the tax tables. • Using the wrong tax chart. 150-101-048-1 (Rev. 10-04-23) Draft 4 33 2023 Form OR-40-N and Form OR-40-P Instructions |