Current through Register Vol. 61, No. 4, April 1, 2022
(1) Generally, foreign corporations doing
business in Oregon that are exempt from federal income taxes pursuant to
treaties between the United States and a foreign country are not exempt from
Oregon corporation excise and income taxes.
(2) For foreign corporations to be exempt
from the Oregon corporation excise or income tax, the federal treaty must
specifically contain a provision exempting them from state corporation taxes
upon or measured by net income.
(3) Oregon taxable income is determined by
calculating the corporation's federal taxable income as if the corporation was
subject to federal income taxes and making certain modifications as provided by
Oregon law. As provided under ORS
317.625, income from outside the
United States is accounted for in the computation of Oregon taxable income
without regard to IRC sections 861 to 864. Income classified as income from
outside the United States and excluded from federal taxable income must be
added to the federal taxable income calculation required by this rule as an
(4) Oregon has
adopted the federal IRC provisions for computing taxable income, but did not
adopt the federal provisions that define exempt corporations. Oregon law in ORS
317.080 lists those corporations
that are exempt from Oregon corporate taxes.
Admin. R. 150-317-0050
f. 12-20-90, cert. ef. 12-31-90; REV 5-2000, f. & cert. ef. 8-3-00;
Renumbered from 150-317.010(10),
67-2016, f. 8-15-16, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS