316.082 Credit
for taxes paid another state; rules.
(1) A resident individual shall be allowed a credit against the tax otherwise
due under this chapter for the amount of any income tax imposed on the
individual, or on an Oregon S corporation or Oregon partnership of which the
individual is a member (to the extent of the individual’s pro rata share of the
S corporation or distributive share of the partnership), for the tax year by
another state on income derived from sources therein and that is also subject
to tax under this chapter.
(2) The credit
provided under this section shall not exceed the proportion of the tax
otherwise due under this chapter that the amount of the modified adjusted gross
income of the taxpayer derived from sources in the other state bears to the
entire modified adjusted gross income of the taxpayer.
(3) The
Department of Revenue shall provide by rule the procedure for obtaining credit
provided by this section and the proof required. The requirement of proof may
be waived partially, conditionally or absolutely, as provided under ORS
315.063.
(4) No credit
allowed under this section or ORS 316.292 shall be applied in calculating tax
due under this chapter if the tax upon which the credit is based has been
claimed as a deduction, unless the tax upon which the credit is based is
restored to income on the Oregon return.
(5) Credit shall
not be allowed under this section for income taxes paid to a state that allows
a nonresident a credit against the income taxes imposed by that state for taxes
paid or payable to the state of residence. It is the purpose of this subsection
to avoid duplicative taxation through use of a nonresident, rather than a
resident, credit for taxes paid or payable to another state.
(6) The
Department of Revenue may adopt rules under this section that provide a credit
against the tax imposed by this chapter when the department considers the
credit necessary to avoid taxation of the same income by this state and another
state.
(7) As used in
this section:
(a) “Modified
adjusted gross income” means federal adjusted gross income as modified by this
chapter and the other laws of this state applicable to personal income
taxation.
(b) “Oregon
partnership” means an entity that is treated as a partnership for Oregon excise
and income tax purposes.
(c) “Oregon S
corporation” means a corporation that has elected S corporation status for
Oregon excise and income tax purposes.
(d) “State” means
a state, district, territory or possession of the United States.
(8) For purposes
of this section:
(a) A direct tax
imposed upon income of an Oregon S corporation is an income tax imposed on the
Oregon S corporation.
(b) An excise tax
that is measured by income of an Oregon S corporation is an income tax imposed
on the Oregon S corporation.
(c) An excise tax
is measured by income only if the statute imposing the excise tax provides that
the base for the excise tax:
(A) Includes
revenue from sales and from services rendered, and income from investments; and
(B) Permits a
deduction for the cost of goods sold and the cost of services rendered. [1969
c.493 §17; 1981 c.801 §3; 1987 c.647 §11; 1991 c.838 §6; 1993 c.726 §28a; 1995
c.54 §7; 1999 c.74 §5; 2001 c.9 §1]
316.083 [1977 c.666 §35; 1995 c.556 §2;
renumbered 316.845 in 2005]
316.084 [1981 c.720 §16; 1983 c.684 §10;
1991 c.877 §1; repealed by 1993 c.730 §9 (315.134 enacted in lieu of 316.084,
317.133 and 318.080)]
Notes of Decisions
Schuette v. Dep't of Revenue, 951 P.2d 690 (Or. 1997).
· cites it 15× “In this appeal from a judgment of the Oregon Tax Court, taxpayers claim that the Tax Court erred in concluding that, under ORS 316.082, a taxpayer must calculate the personal income tax credit for out-of-state taxes paid on a state-by-state basis rather than by aggregating…”
Dearmond v. Dep't of Revenue, 14 Or. Tax 112 (Or. T.C. 1997).
· cites it 7× “ORS 316.082 provides taxpayers with a credit for taxes paid to another state.”
Keller v. Dep't of Revenue, 872 P.2d 414 (Or. 1994).
· cites it 6× “Because the Washington B & O tax taxes business activities, and not income, the Tax Court correctly concluded that ORS 316.082(1) does not entitle taxpayers to a credit.”
Ashby v. Dept. of Rev., 21 Or. Tax 47 (Or. T.C. 2012).
· cites it 4× “ORS 316.082 provides in pertinent part: “(1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter for the amount of any income tax imposed on the individual * * * for the tax year by another state on income derived from sources therein…”
Keller v. Dep't of Revenue, 12 Or. Tax 381 (Or. T.C. 1993).
· cites it 6× “Later, they filed claims for refunds on the ground that ORS 316.082 entitled them to a credit rather than a deduction.”
Thomas E. v. Dep't of Revenue, 7 Or. Tax 478 (Or. T.C. 1978).
“” ORS 316.082. 2 See Zimmerman v. Zimmerman, 175 Or 585 , 155 P2d 293 (1945), for a discussion of the concept of domicile and the problems of construction arising when a statute uses "resident” or "inhabitant” in lieu of "domiciliary.”
Schuette v. Dep't of Revenue, 14 Or. Tax 164 (Or. T.C. 1997).
· cites it 8× “While that fact may be interesting, it says nothing about the intent of the Oregon Legislature in enacting ORS 316.”
Zemke v. Dep't of Revenue, 17 Or. Tax 18 (Or. T.C. 2003).
· cites it 2× “See ORS 316.082. 9 The credit system is designed to address situations such as occurred here where a taxpayer is subject to tax in the state of residency (Oregon) and the state where the property is located (California).”
O'Neil v. Dep't of Revenue, 6 Or. Tax 467 (Or. T.C. 1976).
“However, *474 Oregon will not receive a double benefit in any event because ORS 316.082 provides a credit for Oregon residents for income taxes paid to another state on the same income.”
Speer v. Dept. of Rev. (Or. T.C. 2025).
· cites it 9× “Regarding the statute in question, ORS 316.082, this court has found that a tax paid to another state was “imposed” where, at the time of payment, the taxpayers “were obligated by law” to pay the tax.”
Tomseth v. Dept. of Rev. (Or. T.C. 2016).
· cites it 5× “ORS 316.082. However, “[c]redit shall not be allowed * * * for income taxes paid to a state that allows a nonresident a credit against the income taxes imposed by that state for taxes paid or payable to the state of residence.”
— Or. Rev. Stat. § 316.082(1) — 8 cases
Keller v. Dep't of Revenue, 872 P.2d 414 (Or. 1994).
“Because the Washington B & O tax taxes business activities, and not income, the Tax Court correctly concluded that ORS 316.082(1) does not entitle taxpayers to a credit.”
Schuette v. Dep't of Revenue, 951 P.2d 690 (Or. 1997).
“In this appeal from a judgment of the Oregon Tax Court, taxpayers claim that the Tax Court erred in concluding that, under ORS 316.082, a taxpayer must calculate the personal income tax credit for out-of-state taxes paid on a state-by-state basis rather than by aggregating…”
Keller v. Dep't of Revenue, 12 Or. Tax 381 (Or. T.C. 1993).
“Later, they filed claims for refunds on the ground that ORS 316.082 entitled them to a credit rather than a deduction.”
Schuette v. Dep't of Revenue, 14 Or. Tax 164 (Or. T.C. 1997).
“While that fact may be interesting, it says nothing about the intent of the Oregon Legislature in enacting ORS 316.”
Speer v. Dept. of Rev. (Or. T.C. 2025).
“Regarding the statute in question, ORS 316.082, this court has found that a tax paid to another state was “imposed” where, at the time of payment, the taxpayers “were obligated by law” to pay the tax.”
— Or. Rev. Stat. § 316.082(2) — 2 cases
Schuette v. Dep't of Revenue, 951 P.2d 690 (Or. 1997).
“In this appeal from a judgment of the Oregon Tax Court, taxpayers claim that the Tax Court erred in concluding that, under ORS 316.082, a taxpayer must calculate the personal income tax credit for out-of-state taxes paid on a state-by-state basis rather than by aggregating…”
Schuette v. Dep't of Revenue, 14 Or. Tax 164 (Or. T.C. 1997).
“While that fact may be interesting, it says nothing about the intent of the Oregon Legislature in enacting ORS 316.”
— Or. Rev. Stat. § 316.082(5) — 4 cases
Ashby v. Dept. of Rev., 21 Or. Tax 47 (Or. T.C. 2012).
“ORS 316.082 provides in pertinent part: “(1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter for the amount of any income tax imposed on the individual * * * for the tax year by another state on income derived from sources therein…”
Tomseth v. Dept. of Rev. (Or. T.C. 2016).
“ORS 316.082. However, “[c]redit shall not be allowed * * * for income taxes paid to a state that allows a nonresident a credit against the income taxes imposed by that state for taxes paid or payable to the state of residence.”
— Or. Rev. Stat. § 316.082(7)(b) — 1 case
— Or. Rev. Stat. § 316.082(8) — 1 case
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