318.020
Imposition of tax.
(1) There hereby is imposed upon every corporation for each taxable year a tax
at the rate provided in ORS 317.061 upon its Oregon taxable income derived from
sources within this state, other than income for which the corporation is
subject to the tax imposed by ORS chapter 317 according to or measured by its
Oregon taxable income.
(2) Income from
sources within this state includes income from tangible or intangible property
located or having a situs in this state and income from any activities carried
on in this state, regardless of whether carried on in intrastate, interstate or
foreign commerce.
(3) Income that
constitutes net long-term capital gain described in ORS 317.063 shall be taxed
at the rate imposed under ORS 317.063. [1955 c.334 §2; 1957 c.607 §9; 1957
c.633 §1; 1961 c.55 §1; subsection (3) enacted as 1961 c.55 §2; 1975 c.368 §7;
1983 c.162 §44; 1999 c.21 §49; 2001 c.545 §5; 2005 c.94 §89]
318.030 [1955 c.334 §3; 1957 c.74 §3; 1965
c.154 §5; 1965 c.460 §5; 1967 c.592 §10; 1969 c.166 §7; 1969 c.493 §96a; 1969
c.681 §7; 1971 c.283 §5; 1973 c.115 §6; 1973 c.753 §7; 1977 c.866 §6; 1979
c.414 §6; 1979 c.561 §7; 1979 c.578 §10; repealed by 1983 c.162 §45 (318.031
enacted in lieu of 318.030)]
Notes of Decisions
Capital One Auto Fin., Inc. v. Dept. of Rev., 22 Or. Tax 326 (Or. T.C. 2016).
· cites it 5× “” ORS 318.020(1) (emphasis supplied). “Income derived from sources within this state” is broadly defined, and includes “income from tangible or intangible property located or having a situs in this state and income from any activities carried on in this state, regardless of…”
Am. Refrigerator Transit Co. v. State Tax Comm'n, 395 P.2d 127 (Or. 1964).
· cites it 6× “” *343 The tax was imposed under ORS 318.020, which provides as follows: “(1) There hereby is imposed upon every corporation for each taxable year a tax at the rate of eight percent upon its net income derived from sources within this state after August 3,1955, other than income…”
Herff Jones Co. v. State Tax Comm'n, 430 P.2d 998 (Or. 1967).
“The applicable Oregon statute is ORS 318.020, which reads as follows: “(1) There hereby is imposed upon every corporation for each taxable year a tax at the rate of eight percent upon its net income derived from sources within this state after August 3,1955, other than income…”
Cal-Roof Wholesale, Inc. v. State Tax Comm'n, 410 P.2d 233 (Or. 1966).
“The imposition statute, ORS 318.020, reads in pertinent part: “(1) There hereby is imposed upon every corporation for each taxable year a tax * * * upon its net income * * * other than income for which the corporation is subject to the tax imposed by the Corporation Excise Tax…”
Health Net Life Ins. Co. v. Dept. of Rev., 24 Or. Tax 514 (Or. T.C. 2021).
“070 and, if applicable, ORS 318.020. The court finds this interpretation “permissible” because of the broad language found in subsection (1) of the FEHBP Preemption Statute: “No tax, fee, or other monetary payment may be imposed, directly or indirectly, * * * by any State * * *…”
Dept. of Rev. v. Wakefield, 25 Or. Tax 1 (Or. T.C. 2022).
“010(8), (10) (defining “Oregon tax- able income” by reference to federal taxable income); ORS 318.020 (imposing corporation income tax on corporations not doing business in the state but deriving income from sources within the state).”
Am. Refrigerator Transit Co. v. State Tax Comm'n, 1 Or. Tax 429 (Or. T.C. 1963).
· cites it 2× “The tax is imposed under ORS 318.020, which reads: “(1) There hereby is imposed upon every corporation for each taxable year a tax at the rate of eight percent upon its net income derived from sources within this state after August 3,1955, other than income for which the…”
Criv Investments, Inc. v. Dep't of Revenue, 14 Or. Tax 181 (Or. T.C. 1997).
· cites it 2× ““(2) Income from sources within this state includes income from tangible or intangible property located or having a situs in this state and income from any activities carried on in this state, regardless of whether carried on in intrastate, interstate or foreign commerce.”
Estee Lauder Servs., Inc. v. Dep't of Revenue, 16 Or. Tax 279 (Or. T.C. 2000).
“ISSUE Shall Manufacturing Corporations’ Oregon destination sales be included in the numerator of the sales apportionment factor for the unitary group (Manufacturing Corporations and Service Corporations)? ANALYSIS Oregon imposes a tax on the taxable income of every corporation…”
Time Warner v. Dept. of Rev. (Or. T.C. 2025).
· cites it 4× “” “(2) Except as provided in subsection (1) of this section, all other provisions 9 The term “sources within this state” appears in ORS 318.020, imposing a corporate income tax to the extent a corporation is not subject to the excise tax in chapter 317.”
— Or. Rev. Stat. § 318.020(1) — 3 cases
Capital One Auto Fin., Inc. v. Dept. of Rev., 22 Or. Tax 326 (Or. T.C. 2016).
“” ORS 318.020(1) (emphasis supplied). “Income derived from sources within this state” is broadly defined, and includes “income from tangible or intangible property located or having a situs in this state and income from any activities carried on in this state, regardless of…”
— Or. Rev. Stat. § 318.020(2) — 4 cases
Capital One Auto Fin., Inc. v. Dept. of Rev., 22 Or. Tax 326 (Or. T.C. 2016).
“” ORS 318.020(1) (emphasis supplied). “Income derived from sources within this state” is broadly defined, and includes “income from tangible or intangible property located or having a situs in this state and income from any activities carried on in this state, regardless of…”
Time Warner v. Dept. of Rev. (Or. T.C. 2025).
“” “(2) Except as provided in subsection (1) of this section, all other provisions 9 The term “sources within this state” appears in ORS 318.020, imposing a corporate income tax to the extent a corporation is not subject to the excise tax in chapter 317.”
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