Oregon Revised Statutes

Or. Rev. Stat. § 308.805 (2026)

Mutual and cooperative electric distribution systems subject to tax on gross earnings

✓ current as of May 2026

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308.805 Mutual and cooperative electric distribution systems subject to tax on gross earnings. (1) Every association of persons, wholly mutual or cooperative in character, whether incorporated or unincorporated, the principal business of which is the construction, maintenance and operation of an electric transmission and distribution system for the benefit of the members of such association without intent to produce profit in money and which has no other principal business or purpose shall, in lieu of all other taxes on the transmission and distribution lines, pay a tax on all gross revenue derived from the use or operation of transmission and distribution lines (exclusive of revenues from the leasing of lines to governmental agencies) at the rates prescribed by ORS 308.807. The tax shall not apply to or be in lieu of ad valorem taxation on any property, real or personal, which is not part of the transmission and distribution lines of such association.

(2) The Department of Revenue, pursuant to ORS 308.505 to 308.674, shall assess for ad valorem taxation all the real and personal property of such associations which is not a part of “transmission and distribution lines,” as defined in subsection (3) of this section. All other property subject to ad valorem taxation shall be assessed in the manner otherwise provided by law, by the assessor of the county in which such property has a tax situs.

(3) As used in ORS 308.805 to 308.820:

(a) “Transmission and distribution lines” shall include all property that is energized or capable of being energized or intended to be energized, or that supports or is integrated with such property. This includes, but is not limited to, substation equipment, fixtures and framework, poles and the fixtures thereon, conductors, transformers, services, meters, street lighting equipment, easements for rights of way, generating equipment, communication equipment, transmission lines leased to governmental agencies, construction tools, materials and supplies, office furniture and fixtures and office equipment. This shall not include such property as parcels of land, buildings, and merchandise held for resale.

(b) “Wire mile” means a single conductor one mile long installed in a line, but not including service drops. [Amended by 1957 c.637 §1; 1959 c.109 §4; 1969 c.492 §1]

Notes of Decisions

Cited in 2 cases, 1987–1988 · leading case: Lane Elec. Coop., Inc. v. Dep't of Revenue, 765 P.2d 1237 (Or. 1988).

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Lane Elec. Coop., Inc. v. Dep't of Revenue, 765 P.2d 1237 (Or. 1988). · cites it 21× “(LEC), appeals the Tax Court’s judgment upholding the Department of Revenue’s (Department) assessments for gross revenue tax deficiencies under ORS 308.805 1 on certain money that LEC collected from and subsequently returned to its member-owners.”

Lane Elec. Coop., Inc. v. Dep't of Revenue, 10 Or. Tax 501 (Or. T.C. 1987). · cites it 7× “Plaintiff appeals defendant’s assessments for gross *502 revenue tax deficiencies under ORS 308.805. Plaintiff is a nonprofit corporation incorporated under ORS Chapter 62.”

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