Or. Rev. Stat. § 317.650

Insurers; depreciation and basis provisions; confidentiality of returns; calendar year filing of returns required

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317.650 Insurers; depreciation and basis provisions; confidentiality of returns; calendar year filing of returns required. (1) ORS 317.356, relating to depreciation and basis, shall be applicable to every insurer.

(2) Notwithstanding ORS 314.835 or 314.840 or any other law concerning confidentiality of tax returns, the Department of Consumer and Business Services and the Department of Revenue may disclose to each other returns and all other information necessary to carry out ORS 731.854 and 731.859 and otherwise to administer the corporate excise tax imposed by this chapter on insurers.

(3) Notwithstanding ORS 314.085 or other law, for purposes of this chapter, each of the following insurers shall file a return on a calendar year basis:

(a) A foreign or alien insurer; or

(b) A domestic insurer organized after January 1, 1971, the ownership or control of which is exercised, directly or indirectly, by a foreign insurer or other foreign corporation owning or controlling directly or indirectly, a foreign insurer. [Formerly 317.078; 1995 c.556 §52; 1995 c.786 §15; 2005 c.185 §7]

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2012–2024 · leading case: Costco Wholesale Corp. v. Dept. of Rev.

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Costco Wholesale Corp. v. Dept. of Rev. (2012) ortc · cites it 5× “artment properly included the insurance company and its taxable income in the Oregon consoli- dated returns filed by taxpayer and its subsidiaries during the years at issue, it is assumed that the insurance com- pany was unitary with taxpayer and its subsidiaries and that the…”

Stancorp Financial Group, Inc. v. Dept. of Rev. (2013) ortc · cites it 4× “The agreement of the parties as to removal is driven by the fact that SIC, as an insurance company doing busi- ness in Oregon, is required to compute and pay tax under ORS chapter 317 according to a separate set of rules con- tained in ORS 317.650 to 317.665. Both parties agree…”

Health Net Life Ins. Co. v. Dept. of Rev. (2021) ortc “010(11) and was required to file returns under ORS 317.650. On or about September 13, 2017, taxpayer made an estimated tax payment of $100,000 to Defendant Department of Revenue (the department).”

Stancorp Financial Group and Subsidiaries v. Department of Revenue (2012) ortc · cites it 4× “The agreement of the parties as to removal is driven by the fact that SIC, as an insurance company doing business in Oregon, is required to compute and pay tax under ORS chapter 317 according to a separate set of rules contained in ORS 317.650 to ORS 317.665. Both parties agree…”

Apple Inc. v. Dept. of Rev. (2024) ortc · cites it 2× “280 (requiring rules for certain industries); ORS 317.650 to 317.667 (special provisions for insurers).”

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