Oregon Revised Statutes

Or. Rev. Stat. § 316.707 (2026)

Computation of depreciation of property under federal law; applicability

✓ current as of May 2026

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316.707 Computation of depreciation of property under federal law; applicability. (1) To the extent that the amount allowed as a deduction under section 168 of the Internal Revenue Code (Accelerated Cost Recovery System) exceeds, or is less than, the amount that would be allowed as a deduction for depreciation for the property under the federal Internal Revenue Code as amended and in effect on December 31, 1980, the difference shall be added to, or subtracted from federal taxable income, whichever is applicable.

(2) The modifications required by subsection (1) of this section apply only to the differences in the computation of depreciation (reasonable allowance for exhaustion, wear, tear and obsolescence) under the Accelerated Cost Recovery System and the other methods of depreciation. Nothing in this section shall be construed to govern the eligibility of property for depreciation, or other provisions of the Internal Revenue Code which do not directly govern the computation of the deduction amount for recovery property.

(3) There shall be added to federal taxable income any amount deducted under section 179 of the Internal Revenue Code (election to expense certain depreciable business assets). However, any asset with respect to which this section applies may be depreciated as otherwise provided under this chapter.

(4) Income included in federal taxable income by a shareholder of an S corporation pursuant to sections 1366 to 1368 of the Internal Revenue Code shall be adjusted for purposes of determining Oregon taxable income as required by the provisions of this section.

(5) This section shall not apply to property placed in service in taxable years beginning on or after January 1, 1985. [1983 c.162 §67; 1985 c.802 §13]

316.710 [1953 c.304 §89; repealed by 1957 c.632 §1 (subsections (2), (3) and (4) of 306.040 enacted in lieu of 316.710)]

316.711 [1957 c.586 §7; 1959 c.593 §7 (referred and rejected); 1961 c.623 §2; repealed by 1969 c.493 §99]

316.714 [1957 c.586 §7; 1959 c.593 §8 (referred and rejected); 1963 c.627 §17 (referred and rejected); repealed by 1969 c.493 §99]

316.715 [1953 c.304 §90; repealed by 1957 c.632 §1 (314.810 enacted in lieu of 316.715)]

Notes of Decisions

Cited in 3 cases, 2003–2018 · leading case: Zemke v. Dep't of Revenue, 17 Or. Tax 18 (Or. T.C. 2003).

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Zemke v. Dep't of Revenue, 17 Or. Tax 18 (Or. T.C. 2003). · cites it 2× “Equitable Considerations: ORS 316.707; ORS 316.716 At oral argument on this matter, the court asked the parties to submit supplemental memoranda on the applicability to this case of ORS 316.”

Cook v. Dept. of Rev., 23 Or. Tax 107 (Or. T.C. 2018). “See ORS 316.707. In the case of groups of corporations that are included in an Oregon consolidated return under ORS 317.”

Garrison v. Dept. of Rev. (Or. T.C. 2016). “(See Def’s Post-Tr Br at 12 (citing ORS 316.707(1), (3); ORS 316.739(2), (3)); Ptf’s Post-Tr Reply at 8–9.”

— Or. Rev. Stat. § 316.707(1) — 1 case

Garrison v. Dept. of Rev. (Or. T.C. 2016). “(See Def’s Post-Tr Br at 12 (citing ORS 316.707(1), (3); ORS 316.739(2), (3)); Ptf’s Post-Tr Reply at 8–9.”

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