Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 314.630

Allocation to this state of net rents and royalties

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      314.630 Allocation to this state of net rents and royalties. (1) Net rents and royalties from real property located in this state are allocable to this state.

      (2) Net rents and royalties from tangible personal property are allocable to this state (a) if and to the extent that the property is utilized in this state, or (b) in their entirety if the taxpayer’s commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized.

      (3) The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession. [1965 c.152 §6]

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1970–2024 · leading case: Tektronix, Inc. & Subsidiaries v. Department of Revenue
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Tektronix, Inc. & Subsidiaries v. Department of Revenue (2013) or “645, and they require allocating to Oregon such categories of income as rents and royalties from real property in this state, ORS 314.630, and interest and dividends when the taxpayer’s commercial domicile is in this state, ORS 314.”
Oracle Corp. and Subsidiaries II v. Dept. of Rev. (2021) ortc “org/28-states-plus-dc-require-combined-reporting-for-the- state-corporate-income-tax; see generally Hellerstein et al, State Taxation at ¶ 8.”
Sperry and Hutchinson Co. v. Department of Revenue (1974) or “Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute non-business income, shall be allocated as provided in ORS 314.630' to 314.645.” (Emphasis added.”
Oracle Corp. and Subsidiaries I v. Dept. of Rev. (2020) ortc “See ORS 314.630 - 314.640. This usage, standing alone, weighs in favor of treating subpart F income as gross receipts even though the United States shareholder of a CFC does not take “posses- sion” of any cash associated with the subpart F income.”
Tucker-Ottmar Farms, Inc. v. Department of Revenue (1970) ortc “625: “Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in ORS 314.630 to 314.645.” ORS 314.635: “(1) Capital…”
ABC Inc. v. Dept. of Rev. (2024) ortc “Defendant takes the position by rule that these six statutes apply to interstate broadcasters.”
— Or. Rev. Stat. § 314.630(1) — 1 case
Oracle Corp. and Subsidiaries II v. Dept. of Rev. (2021) ortc “org/28-states-plus-dc-require-combined-reporting-for-the- state-corporate-income-tax; see generally Hellerstein et al, State Taxation at ¶ 8.”
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