Oregon Revised Statutes

Or. Rev. Stat. § 316.028 (2026)

Determination of net operating loss, carryback and carryforward

✓ current as of May 2026
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      316.028 Determination of net operating loss, carryback and carryforward. (1) In the computation of state taxable income the net operating loss, net operating loss carryback and net operating loss carryforward shall be the same as that contained in the Internal Revenue Code as it applies to the tax year for which the return is filed and shall not be adjusted for any changes or modifications contained in this chapter or by the case law of this state.

      (2) In the case of a nonresident, the net operating loss deduction, net operating loss carryback and net operating loss carryforward shall be that described in subsection (1) of this section which is attributable to Oregon sources.

      (3) If any provision in ORS 316.047 or 316.127 appears to require an adjustment to a net operating loss, net operating loss carryback or net operating loss carryforward contrary to the provisions of this section, that adjustment shall not be made. [Formerly 316.014]

Notes of Decisions
Cited in 2 cases, 2015–2015 · leading case: Hillenga v. Dep't of Revenue, 361 P.3d 598 (Or. 2015).
Hillenga v. Dep't of Revenue, 361 P.3d 598 (Or. 2015). · cites it 2× “014(1) (2005), renumbered as ORS 316.028(1) (for purposes of state taxation, net operating losses and net operating loss carryovers are treated the same as in the Internal Revenue Code).”
Hillenga v. Dept. of Rev. (Or. 2015). · cites it 2× “IRC § 172(c) (“For purposes of this section, the term ‘net operating loss’ means the excess of the deductions allowed by this chapter over the gross income.”
— Or. Rev. Stat. § 316.028(1) — 2 cases
Hillenga v. Dep't of Revenue, 361 P.3d 598 (Or. 2015). “014(1) (2005), renumbered as ORS 316.028(1) (for purposes of state taxation, net operating losses and net operating loss carryovers are treated the same as in the Internal Revenue Code).”
Hillenga v. Dept. of Rev. (Or. 2015). “IRC § 172(c) (“For purposes of this section, the term ‘net operating loss’ means the excess of the deductions allowed by this chapter over the gross income.”
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