Oregon Revised Statutes

Or. Rev. Stat. § 316.716 (2026)

Differences in basis on federal and state return; application of federal credit

✓ current as of May 2026

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316.716 Differences in basis on federal and state return; application of federal credit. (1) Upon the taxable sale, exchange or disposition of any asset in a tax year beginning on or after January 1, 1983, federal taxable income shall be increased or decreased by an amount which will reflect one or more of the following:

(a) The difference in basis which results from the difference in depreciation or cost recovery, or expense claimed under section 179 of the Internal Revenue Code, allowed or allowable on the Oregon return and that allowed or allowable on the federal return for that asset;

(b) The difference in basis which results when a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of the basis of an asset, and the federal credit is not allowable for Oregon tax purposes;

(c) The difference in basis as a result of any deferral of gain which has been granted under federal tax law but not under Oregon tax law or granted under Oregon law but not granted under federal law;

(d) The difference in basis under federal and Oregon tax law at the time the asset was acquired; or

(e) Any other differences in the basis of the asset which are due to differences between federal and Oregon tax law.

(2) There shall be added to or subtracted from federal taxable income any amount necessary to carry out the purposes of subsection (1) of this section.

(3) If a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of a corresponding deduction, and the federal credit is not allowable for Oregon purposes, the taxpayer shall be allowed the deduction for Oregon tax purposes. [1983 c.162 §69; 1985 c.802 §14]

316.718 [1989 c.625 §6; repealed by 1991 c.457 §24]

316.720 [1953 c.304 §91; repealed by 1957 c.632 §1 (314.815 enacted in lieu of 316.720 and 317.505)]

316.721 [1957 c.586 §12; repealed by 1969 c.493 §99]

316.723 [1983 c.162 §70; 1985 c.802 §15; 1987 c.293 §26; 1991 c.457 §7e; repealed by 1995 c.556 §43]

316.725 [1953 c.304 §92; repealed by 1957 c.632 §1 (314.820 enacted in lieu of 316.725 and 317.520)]

316.729 [1983 c.162 §73; 1995 c.556 §10; repealed by 2003 c.46 §43 and 2003 c.77 §26]

316.730 [1953 c.304 §93; repealed by 1957 c.632 §1 (314.825 enacted in lieu of 316.730 and 317.525)]

316.731 [1957 c.586 §13; repealed by 1969 c.493 §99]

316.735 [1953 c.304 §94; repealed by 1957 c.632 §1 (314.830 enacted in lieu of 316.735 and 317.530)]

Notes of Decisions

Cited in 4 cases, 1988–2018 · 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 4× “ORS 316.716 addresses this possibility and provides that appropriate adjustments will be made.”

Zemke v. Dep't of Revenue, 17 Or. Tax 18 (Or. T.C. 2003). · cites it 2× “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.”

Whipple v. Dep't of Revenue, 11 Or. Tax 117 (Or. T.C. 1988). · cites it 7× “690, the legislature enacted ORS 316.716. Or Laws 1983, ch 162, § 69. 5 The relevant portion of that statute initially provided: “(2) If a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of a corresponding…”

Whipple v. Dep't of Revenue, 788 P.2d 994 (Or. 1990). · cites it 11× “Plaintiffs argue, however, that at least for the years 1983-85, former ORS 316.716 5 authorizes an unlimited foreign *426 tax deduction.”

— Or. Rev. Stat. § 316.716(1)(e) — 1 case

Cook v. Dept. of Rev., 23 Or. Tax 107 (Or. T.C. 2018). “ORS 316.716 addresses this possibility and provides that appropriate adjustments will be made.”

— Or. Rev. Stat. § 316.716(3) — 1 case

Whipple v. Dep't of Revenue, 11 Or. Tax 117 (Or. T.C. 1988). “690, the legislature enacted ORS 316.716. Or Laws 1983, ch 162, § 69. 5 The relevant portion of that statute initially provided: “(2) If a taxpayer has taken a federal credit, which requires as a condition of the use of the federal credit the reduction of a corresponding…”

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