Oregon Statutes 314.280 – Allocation of income of financial institution or public utility from business within and without state; rules; alternative apportionment for electing utilities or telecommunications taxpayers
(1) If a taxpayer has income from business activity as a financial institution or as a public utility (as defined respectively in ORS § 314.610 (4) and (6)) which is taxable both within and without this state (as defined in ORS § 314.610 (8) and 314.615), the determination of net income shall be based upon the business activity within the state, and the Department of Revenue shall have power to permit or require either the segregated method of reporting or the apportionment method of reporting, under rules and regulations adopted by the department, so as fairly and accurately to reflect the net income of the business done within the state.
Terms Used In Oregon Statutes 314.280
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2) The provisions of subsection (1) of this section dealing with the apportionment of income earned from sources both within and without the State of Oregon are designed to allocate to the State of Oregon on a fair and equitable basis a proportion of such income earned from sources both within and without the state. Any taxpayer may submit an alternative basis of apportionment with respect to the income of the taxpayer and explain that basis in full in the return of the taxpayer. If approved by the department that method will be accepted as the basis of allocation.
(3)(a) Apportionment rules adopted by the department under this section must apply the weightings used in ORS § 314.650 to comparable factors used to apportion income from business activity of taxpayers subject to this section.
(b) Notwithstanding paragraph (a) of this subsection, a taxpayer primarily engaged in utilities or telecommunications may elect to have income from business activity apportioned by applying the weightings used in ORS § 314.650 (1999 Edition) to comparable factors used to apportion such income.
(c) The election shall be made in the time and manner prescribed by the department by rule. The election shall continue in force and effect for the tax year for which the election is made and for each subsequent tax year until the year in which the taxpayer revokes the election.
(d) An electing taxpayer may revoke the taxpayer’s election by filing a revocation of election in the time and manner prescribed by the department. The revocation shall apply to the tax year following the year in which the election is made and to each subsequent tax year.
(e) As used in this subsection:
(A) ‘Telecommunications’ means business operations that conduct, maintain or provide for the transmission of voice data and text between network termination points and telecommunications reselling. Transmission facilities may be based on one technology or a combination of technologies.
(B) ‘Utilities’ means business operations that provide electric power, natural gas, steam supply, water supply or sewage removal through a permanent infrastructure of lines, mains and pipes. [1957 c.632 § 4 (enacted in lieu of 316.205 and 317.180); 1963 c.319 § 1; 1965 c.152 § 22; 2001 c.933 § 1; 2009 c.403 § 5]
[1957 c.632 § 5 (enacted in lieu of 316.210 and 317.185); repealed by 1987 c.293 § 56]