Oregon Statutes 316.362 – Persons required to make returns
(1) An income tax return with respect to the tax imposed by this chapter shall be made by the following:
Terms Used In Oregon Statutes 316.362
- 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
- Resident estate: means an estate of which the fiduciary is appointed by an Oregon court or the administration of which is carried on in Oregon. See Oregon Statutes 316.282
- Taxable income: means the taxable income as defined in subsection (a) or (b), section 63 of the Internal Revenue Code, with such additions, subtractions and adjustments as are prescribed by this chapter. 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) Every resident individual:
(A) Who is required to file a federal income tax return for the taxable year; or
(B) Who has gross income greater than the sum of:
(i) The basic standard deduction allowed under ORS § 316.695 (1)(c)(B);
(ii) Any additional standard deduction allowed to the taxpayer under ORS § 316.695 (7); and
(iii) An amount equal to the income equivalent of one personal exemption credit under ORS § 316.085 (3)(b) if unmarried, or equal to the income equivalent of two personal exemption credits under ORS § 316.085 (3)(b) if married.
(b) Every nonresident individual who has federal gross income from sources in this state of more than the basic standard deduction allowed under ORS § 316.695 (1)(c)(B).
(c) Every resident estate or trust that is required to file a federal income tax return.
(d) Every nonresident estate that has federal gross income of $600 or more for the taxable year from sources within this state.
(e) Every nonresident trust that for the taxable year has from sources within this state any taxable income, or gross income of $600 or more regardless of the amount of taxable income.
(2) Nothing contained in this section shall preclude the Department of Revenue from requiring any individual, estate or trust to file a return when, in the judgment of the department, a return should be filed.
(3) For purposes of this section, the income equivalent of a personal exemption credit under ORS § 316.085 (3)(b) shall be determined as follows:
(a) Divide the personal exemption credit amount by the rate applicable to the lowest income bracket under ORS § 316.037.
(b) If the resulting quotient is less than the maximum amount of income subject to the rate used in paragraph (a) of this subsection, the quotient is the income equivalent.
(c) If the resulting quotient is more than the maximum amount of income subject to the rate used in paragraph (a) of this subsection:
(A) Multiply the maximum amount of income subject to the rate used in paragraph (a) of this subsection by the rate used in paragraph (a) of this subsection.
(B) Determine the difference between the product calculated under subparagraph (A) of this paragraph and the personal exemption credit amount.
(C) Divide the difference determined in subparagraph (B) of this paragraph by the rate applicable to the income bracket that is the next succeeding the lowest income bracket under ORS § 316.037.
(D) Add the quotient determined in subparagraph (C) of this paragraph to the maximum amount of income subject to the rate used in paragraph (a) of this subsection. The sum is the income equivalent. [1969 c.493 § 54; 1983 c.740 § 90; 2001 c.77 § 6; 2001 c.660 § 15]