Or. Admin. R. 150-317-1022 - Unitary Group Tax Year
(1)
Effective Date. The provisions of this rule apply to tax years
beginning on or after January 1, 2021.
(2)
Annual Accounting
Period. A taxpayer 's method of accounting for commercial activity,
costs inputs and labor costs for a tax year shall be the same as the taxpayer's
method of accounting for federal income tax purposes for the taxpayer's federal
tax year that includes the tax year. For a unitary group:
(a) If all members of the unitary group use
the same annual accounting period for federal income tax purposes, the unitary
group's tax year is the annual accounting period used by all members for
federal income tax purposes under section 441 of the Internal Revenue
Code.
(b) If the unitary group
includes members with different accounting periods and two or more members of
the unitary group file a federal consolidated return, the unitary group's tax
year is the annual accounting period of the federal consolidated group under
section 441 of the Internal Revenue Code.
(c) In all other instances, the unitary
group's tax year is the accounting period used by the unitary group's
designated reporting entity.
(3)
Members with Different Annual
Accounting Periods.
(a) If a member's
annual accounting period for federal income tax purposes differs from the
annual accounting period of the unitary group, the member will determine the
portion of that member's taxable commercial activity under ORS
317A.100(16)
to be included by preparing a separate statement based on federal income tax
reporting methods for the member's accounting period that includes the unitary
group's tax year. The statement must be made available to the department upon
request of the department.
(b) If
the unitary group has more than one federal consolidated group and a
consolidated group's accounting period under section 441 of the Internal
Revenue Code differs from the unitary group's designated reporting entity, the
consolidated group will determine the portion of taxable commercial activity
under ORS
317A.100(16)
to be included by preparing a separate statement based on federal income tax
reporting methods for the consolidated group's accounting period that includes
the designated reporting entity's tax year. The statement must be made
available to the department upon request of the department.
Notes
Publications: Contact the Oregon Department of Revenue for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule pursuant to ORS 183.360(2) and ORS 183.355(1)(b).
Statutory/Other Authority: ORS 305.100, 317A.103 & 317A.143
Statutes/Other Implemented: ORS 317A.103
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