Oregon Statutes 317.090 – Minimum tax
(1) As used in this section:
Terms Used In Oregon Statutes 317.090
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Revenue. See Oregon Statutes 317.010
- Doing business: means any transaction or transactions in the course of its activities conducted within the state by a national banking association, or any other corporation; provided, however, that a foreign corporation whose activities in this state are confined to purchases of personal property, and the storage thereof incident to shipment outside the state, shall not be deemed to be doing business unless such foreign corporation is an affiliate of another foreign or domestic corporation which is doing business in Oregon. See Oregon Statutes 317.010
(a) ‘Oregon sales’ means:
(A) If the corporation apportions income under ORS § 314.650 to 314.665 for Oregon tax purposes, the total sales of the taxpayer in this state during the tax year, as determined for purposes of ORS § 314.665;
(B) If the corporation does not apportion income for Oregon tax purposes, the total sales in this state that the taxpayer would have had, as determined for purposes of ORS § 314.665, if the taxpayer were required to apportion income for Oregon tax purposes; or
(C) If the corporation apportions income using a method different from the method prescribed by ORS § 314.650 to 314.665, Oregon sales as defined by the Department of Revenue by rule.
(b) If the corporation is an agricultural cooperative that is a cooperative organization described in section 1381 of the Internal Revenue Code, ‘Oregon sales’ does not include sales representing business done with or for members of the agricultural cooperative.
(2) Each corporation or affiliated group of corporations filing a return under ORS § 317.710 shall pay annually to the state, for the privilege of carrying on or doing business by it within this state, a minimum tax as follows:
(a) If Oregon sales properly reported on a return are:
(A) Less than $500,000, the minimum tax is $150.
(B) $500,000 or more, but less than $1 million, the minimum tax is $500.
(C) $1 million or more, but less than $2 million, the minimum tax is $1,000.
(D) $2 million or more, but less than $3 million, the minimum tax is $1,500.
(E) $3 million or more, but less than $5 million, the minimum tax is $2,000.
(F) $5 million or more, but less than $7 million, the minimum tax is $4,000.
(G) $7 million or more, but less than $10 million, the minimum tax is $7,500.
(H) $10 million or more, but less than $25 million, the minimum tax is $15,000.
(I) $25 million or more, but less than $50 million, the minimum tax is $30,000.
(J) $50 million or more, but less than $75 million, the minimum tax is $50,000.
(K) $75 million or more, but less than $100 million, the minimum tax is $75,000.
(L) $100 million or more, the minimum tax is $100,000.
(b) If a corporation is an S corporation, the minimum tax is $150.
(3) The minimum tax is not apportionable (except in the case of a change of accounting periods), is payable in full for any part of the year during which a corporation is subject to tax and may not be reduced, paid or otherwise satisfied through the use of any tax credit. [Amended by 1975 c.368 § 6; 2009 c.403 § 4; 2009 c.745 § 1; 2011 c.669 § 1; 2015 c.701 43,44; 2017 c.43 10,11; 2017 c.610 § 17]