OAR 150-314-0365
Taxable in Another State; In General
Under ORS 314.615 the taxpayer is subject to the allocation and apportionment provisions of ORS 314.610 to 314.667 if it has income from business activity that is taxable both within and without this state. A taxpayer's income from business activity is taxable without this state if such taxpayer, by reason of such business activity (i.e., the transactions and activity occurring in the regular course of a particular trade or business), is taxable in another state within the meaning of ORS 314.620. A taxpayer is "taxable in another state" if it meets either one of two tests:
# (1)
(1) If by reason of business activity in another state the taxpayer is subject to one of the types of taxes specified in ORS 314.620(1), namely: a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or
# (2)
(2) If by reason of such business activity another state has jurisdiction to subject the taxpayer to a net income tax, regardless of whether or not that state imposes such a tax on the taxpayer. A taxpayer is not taxable in another state with respect to a particular trade or business merely because the taxpayer conducts activities in such other state pertaining to the production of nonapportionable income or business activities relating to a separate trade or business.
Amendment history
REV 68-2017, amend filed 12/22/2017, effective 01/01/2018
Source: view the official text
Cited by 1
In this chapter (40 sections)
- 150-314-0300 · Estimated Tax: Due Dates of Payments for Short-Period…
- 150-314-0302 · Estimated Tax: Application of Payments
- 150-314-0310 · Requirement to Use Electronic Funds Transfer
- 150-314-0315 · Corporation Estimated Tax: Delinquent or Underestimated…
- 150-314-0317 · Estimated Tax: Consolidated Return Underpayments
- 150-314-0319 · Estimated Tax: Apportioned Returns
- 150-314-0321 · Estimated Tax: Application of Net Loss, Annualized…
- 150-314-0323 · Estimated Tax: Interest on Underpayment
- 150-314-0325 · Estimated Tax: Computation of Underpayment
- 150-314-0327 · Underpayment of Estimated Tax; First and Second…
- 150-314-0335 · Apportionable and Nonapportionable Income Defined
- 150-314-0337 · Apportionable and Nonapportionable Income; Application…
- 150-314-0339 · Proration of Deductions
- 150-314-0345 · Apportionment and Allocation of Income Generally
- 150-314-0347 · Application of ORS 314.610 to 314.667: Allocation
- 150-314-0349 · Apportionment and Allocation for a Taxpayer Carrying on…
- 150-314-0351 · Two or More Businesses of a Single Taxpayer
- 150-314-0353 · Apportionment for Long-Term Construction Contracts
- 150-314-0355 · Special Rules: Installment Sales
- 150-314-0357 · Modified Factors for Motion Picture and Television Film…
- 150-314-0365 · Taxable in Another State; In General
- 150-314-0367 · Taxable in Another State; When a Taxpayer is “Subject…
- 150-314-0369 · Taxable in Another State; When a State has Jurisdiction…
- 150-314-0371 · Taxable in Another State; Washington Business and…
- 150-314-0380 · Allocation of Interest and Dividends
- 150-314-0385 · Apportionment Formula
- 150-314-0390 · Property Factor; In General
- 150-314-0392 · Property Factor; Property Used for the Production of…
- 150-314-0394 · Property Factor; Consistency in Reporting
- 150-314-0396 · Property Factor; Numerator
- 150-314-0398 · Property Factor; Valuation of Owned Property
- 150-314-0400 · Property Factor; Valuation of Rented Property
- 150-314-0402 · Property Factor; Timber
- 150-314-0404 · Property Factor; Intangible Drilling Costs
- 150-314-0406 · Property Factor; Averaging Property Value
- 150-314-0415 · Payroll Factor; In General
- 150-314-0417 · Payroll Factor; Numerator
- 150-314-0425 · Sales Factor; Definition of Gross Receipts
- 150-314-0427 · Sales Factor; Numerator
- 150-314-0429 · Sales Factor; Sales of Tangible Personal Property in…