Current through Register Vol. 61, No. 4, April 1, 2022
(1) The Oregon net loss which is deductible
in any year is the Oregon net loss of a prior year reduced by taxable income,
if any, in the intervening tax year or years between the year of loss and the
succeeding tax year in which the Oregon net loss deduction is claimed. Net
losses occurring in tax years beginning prior to January 1, 1987, can be
carried forward five tax years. Net losses occurring in tax years beginning on
or after January 1, 1987, can be carried forward fifteen tax years. See the
limitation on "apportioned" taxpayers in ORS
314.675. In computing the
taxable income which will reduce the Oregon net loss which is carried forward,
any refund of an expense used in computing the Oregon net loss which is
excluded from gross income shall be added to and included in the taxable income
of an intervening tax year.
a consolidated Oregon return is filed in tax years beginning on or after
January 1, 1986, the separate return limitation year (SRLY) rules as defined in
Treasury Regulation §1.1502-1, shall be followed. Oregon net losses
incurred in tax years beginning prior to January 1, 1986, shall be considered
losses from a separate return limitation year. Therefore, the Oregon net losses
from those years can be deducted in tax years beginning on or after January 1,
1986, only to the extent the same corporation that incurred the loss has Oregon
net income on a separate basis. This limitation does not apply to a corporation
that qualifies as a common parent. The provisions of this paragraph are
demonstrated by the following examples: [Example not included. See ED.
Admin. R. 150-317-0460
Renumbered from 150-317.297(4); 12-31-83; RD 10-1986, f. & cert. ef.
12-31-86; RD 15-1987, f. 12-10-87, cert. ef. 12-31-87; RD 9-1992, f. 12-29-92,
cert. ef. 12-31-92; Renumbered from 150-317.476(4),
68-2016, f. 8-15-16, cert. ef.
32-2017, f. & cert. ef.
Publications: The publication(s) referred to or incorporated
by reference in this rule is available from the Department of Revenue pursuant
to ORS 183.360(2) and
Attachment referenced is not included in rule text.
Click here for PDF of
Stat. Auth.: ORS
Stats. Implemented: ORS