Oregon Revised Statutes

Or. Rev. Stat. § 316.118 (2026)

Pro rata share of S corporation income of nonresident shareholder

✓ current as of May 2026

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316.118 Pro rata share of S corporation income of nonresident shareholder. (1) The pro rata share of S corporation income of a nonresident shareholder constitutes income or loss derived from or connected with sources in this state as provided in ORS 316.127 (5).

(2) In determining the pro rata share of S corporation income of a nonresident shareholder, there shall be included only that part derived from or connected with sources in this state of the shareholder’s distributive share of items of S corporation income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the shareholder, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules under ORS 316.127.

(3) Any modifications, additions or subtractions to federal taxable income described in this chapter that relates to an item of S corporation income, gain, loss or deduction (or item thereof) shall be made in accordance with the shareholder’s pro rata share, for federal income tax purposes of the item to which the modification, addition or subtraction relates, but limited to the portion of such item derived from or connected with sources in this state.

(4) A nonresident shareholder’s pro rata share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.763 (1). The character of shareholder items for a nonresident shareholder shall be determined under ORS 314.763 (2). [1989 c.625 §52; 1991 c.877 §11]

Notes of Decisions

Cited in 1 case, 2018–2018 · leading case: Cook v. Dept. of Rev., 23 Or. Tax 107 (Or. T.C. 2018).

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Cook v. Dept. of Rev., 23 Or. Tax 107 (Or. T.C. 2018). · cites it 2× “Cite as 23 OTR 107 (2018) 133 S corporations are ORS 316.118 and ORS 316.127. Relevant statutory provisions as to both entity forms are also found at ORS 314.”

— Or. Rev. Stat. § 316.118(2) — 1 case

Cook v. Dept. of Rev., 23 Or. Tax 107 (Or. T.C. 2018). “Cite as 23 OTR 107 (2018) 133 S corporations are ORS 316.118 and ORS 316.127. Relevant statutory provisions as to both entity forms are also found at ORS 314.”

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