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Oregon Revised Statutes

Or. Rev. Stat. § 316.130 (2026)

Determination of taxable income of full-year nonresident

✓ current as of May 2026
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      316.130 Determination of taxable income of full-year nonresident. (1) The taxable income for a full-year nonresident individual is adjusted gross income attributable to sources within this state determined under ORS 316.127, with the modifications (except those provided under subsection (2) of this section) as otherwise provided under this chapter and other laws of this state applicable to personal income taxation, less the deductions allowed under subsection (2) of this section.

      (2)(a) A full-year nonresident individual shall be allowed the deduction for a standard deduction or itemized deductions allowable to a resident under ORS 316.695 (1) in the proportion provided in ORS 316.117.

      (b) A full-year nonresident individual shall be allowed to deduct the amount of any accrued federal income taxes and foreign country income taxes as provided in ORS 316.690 in the proportion provided in ORS 316.117.

      (c)(A) A full-year nonresident individual shall be allowed to deduct the amount of any alimony or separate maintenance payments paid during such individual’s taxable year in the proportion provided in ORS 316.117 except that in determining the proportion the taxpayer’s adjusted gross income shall not include a deduction for alimony. For purposes of this paragraph, “alimony or separate maintenance payment” has the meaning given the phrase in section 215 of the Internal Revenue Code.

      (B) No deduction shall be allowed under this paragraph if the alimony or separate maintenance payment is not includable in the gross income of the nonresident individual for federal income tax purposes under section 682 of the Internal Revenue Code.

      (3)(a) A full-year nonresident who is a self-employed individual shall be allowed to deduct that individual’s contributions to a qualified plan, deductible on that individual’s federal income tax return pursuant to section 401 of the Internal Revenue Code, in the proportion that the individual’s earned income from Oregon sources bears to the individual’s earned income from all sources. “Earned income” has the meaning given in section 401(c)(2) of the Internal Revenue Code. If the numerator of the fraction described in this paragraph is greater than the denominator, the proration of 100 percent shall be used.

      (b) A full-year nonresident shall be allowed to deduct that individual’s qualified retirement contributions, deductible on that individual’s federal income tax return pursuant to section 219 of the Internal Revenue Code, in the proportion that the individual’s compensation from Oregon sources bears to the individual’s compensation from all sources. “Compensation” has the meaning given in section 219(f)(1) of the Internal Revenue Code.

      (c) A full-year nonresident individual shall be allowed to deduct the aggregate amounts paid in cash to a medical savings account, deductible on the individual’s federal income tax return pursuant to section 220 of the Internal Revenue Code, in the proportion that the individual’s compensation from Oregon sources bears to the individual’s compensation from all sources. Distributions from a medical savings account, if excluded from income for federal income tax purposes, shall be excluded for Oregon income tax purposes. Distributions from a medical savings account, if included in income for federal tax purposes, shall be included in income for Oregon tax purposes to the extent that an exclusion has been allowed for contributions to the medical savings account for Oregon tax purposes in a previous year. [1985 c.141 §4; 1987 c.293 §18; 1987 c.647 §12; 1989 c.626 §7; 1997 c.839 §11a; 1999 c.580 §8]

Notes of Decisions
Cited in 4 cases, 2003–2016 · leading case: Mendoza v. Dept. of Rev. (Or. T.C. 2016).
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Mendoza v. Dept. of Rev. (Or. T.C. 2016). “3 Under ORS 316.130(1) “[t]he taxable income for a full-year nonresident individual is adjusted gross income attributable to sources within this state determined under ORS 316.”
Pettibone v. Dep't of Revenue, 17 Or. Tax 470 (Or. T.C. 2003). “127 * * ORS 316.130(1). ORS 316.127 provides, in relevant part: “(1) The adjusted gross income of a nonresident derived from sources within this state is the sum of the following: “(a) The net amount of items of income * * * entering into the nonresident’s federal adjusted gross…”
Garcia v. Dep't of Revenue (Or. T.C. 2012). “]” ORS 316.130(1). ORS 316.127, titled “Income of nonresident from Oregon sources,” provides, in relevant part: “(1) The adjusted gross income of a nonresident derived from sources within this state is the sum of the following: (a) The net amount of items of income * * *…”
Roberts v. Dep't of Revenue (Or. T.C. 2012). “1 ORS 316.130 provides in relevant part: “[t]he taxable income for a full-year nonresident individual is adjusted gross income attributable to sources within this state determined under ORS 316.”
— Or. Rev. Stat. § 316.130(1) — 3 cases
Mendoza v. Dept. of Rev. (Or. T.C. 2016). “3 Under ORS 316.130(1) “[t]he taxable income for a full-year nonresident individual is adjusted gross income attributable to sources within this state determined under ORS 316.”
Pettibone v. Dep't of Revenue, 17 Or. Tax 470 (Or. T.C. 2003). “127 * * ORS 316.130(1). ORS 316.127 provides, in relevant part: “(1) The adjusted gross income of a nonresident derived from sources within this state is the sum of the following: “(a) The net amount of items of income * * * entering into the nonresident’s federal adjusted gross…”
Garcia v. Dep't of Revenue (Or. T.C. 2012). “]” ORS 316.130(1). ORS 316.127, titled “Income of nonresident from Oregon sources,” provides, in relevant part: “(1) The adjusted gross income of a nonresident derived from sources within this state is the sum of the following: (a) The net amount of items of income * * *…”
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