Oregon Statutes 316.119 – Proration of part-year residents income between Oregon income and other income; alternative proration for pass-through entity items
(1) Except as provided in subsection (2) of this section, for purposes of ORS § 316.117, the adjusted gross income of a part-year resident from Oregon sources is the sum of the following:
Terms Used In Oregon Statutes 316.119
- nonresident: means an individual who is not a resident of this state. See Oregon Statutes 316.022
- Part-year resident: means an individual taxpayer who changes status during a tax year from resident to nonresident or from nonresident to resident. 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
(a) For the portion of the year in which the taxpayer was a resident of Oregon, the taxpayer’s entire adjusted gross income.
(b) For the portion of the year in which the taxpayer was a nonresident, the taxpayer’s adjusted gross income derived from sources within this state, as determined under ORS § 316.127.
(2) For purposes of ORS § 316.117, the adjusted gross income of a part-year resident with federal adjusted gross income that includes an item of income, gain, loss, deduction or credit from a pass-through entity shall include the sum of the following:
(a) The total amount of the item that is taken into account in federal adjusted gross income, multiplied by the ratio of the number of days the taxpayer was a resident of Oregon during the tax year of the entity over the total number of days in the tax year of the entity; and
(b) The total amount of the item that is taken into account in federal adjusted gross income and that is derived from or connected with sources within this state, as determined under ORS § 316.127, multiplied by the ratio of the number of days the taxpayer was a nonresident of Oregon during the tax year of the entity over the total number of days in the tax year of the entity.
(3) As used in subsection (2) of this section:
(a) ‘Pass-through entity’ means any entity that is recognized as a separate entity for federal income tax purposes, for which the owners are required to report income, gains, losses, deductions or credits from the entity for federal income tax purposes.
(b) ‘Tax year of the entity’ means the tax year of the pass-through entity that ends within the tax year of the taxpayer. [1993 c.726 § 31; 2005 c.55 § 1]