(1) A taxpaying individual or corporation that is a grower of a crop and that makes a qualified donation of the crop shall be allowed a credit against the taxes otherwise due under ORS Chapter 316 or, if the taxpayer is a corporation, under ORS Chapter 317 or 318, as follows:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(a) In the case of a qualified donation made under circumstances described in ORS § 315.154 (5)(a) or (b), the amount of the credit shall be 15 percent of the value of the quantity of the crop donated computed at the wholesale market price.

(b) In the case of a qualified donation made under circumstances described in ORS § 315.154 (5)(c), the amount of the credit shall be 15 percent of the value of the quantity of the crop donated computed at the wholesale market price that the grower would have received had the quantity of the crop donated been sold or salable.

(2) At the time of donation, the director, supervisor or other appropriate official of the entity to which a qualified donation is made shall supply to the grower of the crop donated two copies of a form prescribed by the Department of Revenue. The forms shall contain:

(a) The name and address of the grower;

(b) The description and quantity of the donated crop;

(c) The signature of the director, supervisor or other appropriate official of the entity receiving the donated crop verifying that the produce was or will be distributed to children or homeless, unemployed, elderly or low-income individuals;

(d) The wholesale market price; and

(e) Other information required by the Department of Revenue by rule.

(3) Tax claim for tax credit shall be substantiated by submission with the tax return, of the form described in subsection (2) of this section, a statement verified by the taxpayer that the qualified donation was made under circumstances described in ORS § 315.154 (5) and a copy of an invoice or other statement identifying the price received by the grower for the crops of comparable grade or quality if there is a previous cash buyer. The requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS § 315.063.

(4) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayer’s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise, any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, but may not be carried forward for any tax year thereafter.

(5)(a) A nonresident individual shall be allowed the credit computed under this section in the same manner and subject to the same limitations as the credit allowed a resident by this section. However, the credit shall be prorated using the proportion provided in ORS § 316.117.

(b) If a change in the taxable year of a taxpayer occurs as described in ORS § 314.085, or if the department terminates the taxpayer’s taxable year under ORS § 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS § 314.085.

(c) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS § 316.117. [1993 c.730 § 18 (enacted in lieu of 316.091, 317.148 and 318.104); 1995 c.54 § 5; 1999 c.21 § 40; 2001 c.222 § 2; 2014 c.115 § 2]

Section 5, chapter 913, Oregon Laws 2009, provides:

Except as provided in ORS § 315.156 (4), a credit may not be claimed under ORS § 315.156 for tax years beginning on or after January 1, 2012, and before January 1, 2014, or on or after January 1, 2026. [2009 c.913 § 5; 2014 c.115 § 1; 2019 c.579 § 38]

[Repealed by 1965 c.26 § 6]