Or. Admin. Code § 150-317-0470 - Pre-change and Built-in Losses

(1) Pre-change and built-in losses, other than capital losses, which the taxpayer elects to carry back under federal law, must be carried forward and subtracted in computing Oregon taxable income to the extent that such losses are apportioned or allocated to Oregon. All limitations imposed under ORS 317.478 apply to the loss carryforward amount. If the pre-change or built-in loss carried back for federal purposes is a capital loss, the provisions of OAR 150-317.013 apply.

(2) When the assets of a corporation are acquired by another corporation and the provisions of IRC section 382 apply, the Oregon apportionment factors of the old loss corporation for the reporting period ending on the date of ownership change are considered the Oregon apportionment factors of the new loss corporation existing at the time of the change in ownership. These apportionment factors must be used to compute the IRC section 382 limitation applicable to Oregon.

Notes

Or. Admin. Code § 150-317-0470

RD 9-1992, f. 12-29-92, cert. ef. 12-31-92; REV 5-2000, f. & cert. ef. 8-3-00; Renumbered from 150-317.478, REV 69-2016, f. 8-15-16, cert. ef. 9/1/2016

Stat. Auth.: ORS 305.100

Stats. Implemented: ORS 317.478