Oregon Statutes 316.087 – Credit for the elderly or permanently and totally disabled
(1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter in an amount equal to 40 percent of the credit for the elderly or the permanently and totally disabled allowable pursuant to section 22 of the Internal Revenue Code, notwithstanding the limitation imposed by section 26 of the Internal Revenue Code.
Terms Used In Oregon Statutes 316.087
- Department: means the Department of Revenue. See Oregon Statutes 316.022
- Individual: means a natural person, including aliens and minors. See Oregon Statutes 316.022
- nonresident: means an individual who is not a resident of this state. See Oregon Statutes 316.022
- Taxpayer: means any natural person, estate, trust, or beneficiary whose income is in whole or in part subject to the taxes imposed by this chapter, or any employer required by this chapter to withhold personal income taxes from the compensation of employees for remittance to the state. See Oregon Statutes 316.022
(2) A nonresident individual shall be allowed the credit computed in the same manner and subject to the same limitations as the credit allowed a resident by subsection (1) of this section. However, the credit shall be prorated using the proportion provided in ORS § 316.117.
(3) If a change in the taxable year of a taxpayer occurs as described in ORS § 314.085, or if the Department of Revenue 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.
(4) 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.
(5) No credit shall be allowed under this section for the taxable year if the taxpayer claims the credit allowed under ORS § 316.157. [1969 c.493 § 18; 1971 c.736 § 2; 1977 c.872 § 4; 1979 c.691 § 5; 1983 c.684 § 12; 1985 c.802 § 5; 1987 c.293 § 14; 1987 c.545 § 1; 1989 c.625 § 8; 1991 c.457 § 3; 1991 c.823 § 2; 1993 c.726 § 29; 1997 c.839 § 9; 1999 c.90 § 10; 2001 c.660 § 37]
Section 40, chapter 913, Oregon Laws 2009, provides:
A credit may not be claimed under ORS § 316.087 for tax years beginning on or after January 1, 2016. [2009 c.913 § 40]
[1977 c.811 § 2; 1979 c.534 § 1; 1981 c.894 § 1; 1983 c.684 § 13; 1989 c.648 § 64; repealed by 1991 c.877 § 41]
[1977 c.852 § 2; 1979 c.622 § 2; 1985 c.521 § 3; repealed by 1993 c.730 § 15 (315.154 enacted in lieu of 316.089)]