- 1 -
|
Schedule OR-NRC Instructions
Oregon Natural Resource Credit 2022
This publication is a guide, not a complete statement, of Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR).
For possible updates and more information, refer to the laws and rules on our website, www.oregon.gov/dor.
Refer to ORS 118.140 and supporting rules for additional information regarding this credit.
b. Real property used in farm use.
Schedule OR-NRC instructions
• A credit is allowed for property used in the operation of a
ORS 118.140 provides a natural resource or commercial fishing business only if the decedent or a family member,
fishing business credit, for qualified property, applying to during an aggregate period of five out of the eight years
a return of decedents dying on or after January 1, 2007. You ending on the date of the decedent’s death:
may take all, part, or none of this credit for which you qual- a. Owned a vessel used in taking food fish or shellfish
ify. Natural resource property is farm use and forestland for commercial purposes (ORS 506.006);
(ORS 308A.056, 308A.250, 321.201). Real property must be in b. Held a boat license (ORS 508.260);
Oregon [ORS 118.140(1)(L)]. Qualified property also includes c. Held a commercial fishing license (ORS 508.235); and
property used in a commercial fishing business [ORS Chap- d. Held one or more restricted fisheries permits (ORS 508)
ter 508 and Internal Revenue Code (IRC) Section 1301(b)(4)]. or an equivalent restricted vessel permit system under
the laws of another state.
To claim this credit:
Complete all parts of this schedule and file with Form OR- Oregon will allow a credit for property that meets the above
706, Oregon Estate Transfer Tax Return, 150-104-001. The execu- requirements if:
tor shall notify the family members who inherit qualifying • The property is the subject of a net cash lease to or from
property of the tax consequences if they fail to meet the the decedent or qualified beneficiary who’s a family
conditions of the credit (ORS 118.140). Every family member member.
inheriting all or part of the property must be identified in • The property is held in trust for a qualified beneficiary
part 3 and sign part 4. The executor must provide each in- who’s a family member.
heriting family member with a copy of Schedule OR-NRC, • The property replaces natural resource property and
Oregon Natural Resource Credit, 150-104-003, for their perma- the replacement property would otherwise meet the
nent tax records. definition of natural resource property, except that it
This credit is only allowed if you meet the following was acquired after the date of the decedent’s death, but
requirements: before the estate tax return is filed. Real property must
• The natural resource property is located in this state. be replaced with real property.
• The total adjusted gross estate doesn’t exceed $15 million. • When determining the period of time in which the dece-
• The total value of the Oregon natural resource property dent or a family member owned real property that was
in the estate is at least 50 percent of the Oregon adjusted received in exchange (IRC 1031), or acquired in an invol-
gross estate. untary conversion (IRC 1033), the period during which the
• Total adjusted gross estate is the total gross estate minus decedent or a family member owned the exchanged or
Schedules J, K, and L deductions. acquired real property, may be included, if the exchanged
• Oregon adjusted total gross estate is the gross estate or acquired real property was used in the farm business
minus real and personal property outside of Oregon, or forestry business.
minus Schedules J, K, and L deductions as these deduc- • Property that otherwise meets the requirements of this
tions relate to Oregon assets. section and that is owned indirectly by the decedent or a
• The natural resource property is transferred to, or held in, family member qualifies for a credit under this section,
trust for a qualified beneficiary, who is a family member. if the property is owned through an interest in a lim-
• A credit is allowed for the following real property only ited liability company, corporation, partnership, or trust
if the real property was owned by the decedent or a fam- [IRC 2032A(g)] . In order to qualify under this subsection,
ily member during an aggregate period of five out of the at least one family member must materially participate
eight years ending on the date of the decedent’s death and in the business after the transfer. For purposes of this
used in a business described in ORS 118.140(3)(d): subsection, “materially participate” means to engage in
a. Real property used as forestland or as forestland active management (IRC 2032A), of the farm business,
homesites, not to exceed 5,000 acres. forestry business, or fishing business.
150-104-003-1 (Rev. 07-20-22) Page 1 of 2 Instructions for Schedule OR-NRC
|