OAR 150-317-1420
Damages Received as the Result of Litigation
# (1)
(1) Damages, including settlement proceeds, received by a taxpayer as a result of litigation are commercial activity to the extent they reimburse the taxpayer for transactions and activity during the regular course of the taxpayer's trade or business.
# (2)
(2) To the extent receipts stem from damages received as the result of litigation and those receipts are in excess of what would have been received had the taxpayer not been involved in litigation, the taxpayer may exclude the amount in excess from its calculation of commercial activity.
# (3)
(3) Damages not excluded by ORS 317A.100(1)(b)(L) are subject to the corporate activity tax in the year those amounts are realized, regardless of when the litigation was initiated.
# (4)
(4) All facts and circumstances may be considered to determine if the damages were received as result of litigation.
Amendment history
REV 4-2023, minor correction filed 01/26/2023, effective 01/26/2023
Source: view the official text
In this chapter (40 sections)
- 150-317-0640 · Member of a Unitary Group Incorporated in a Listed…
- 150-317-0651 · Repatriation Tax Credit
- 150-317-0652 · Modification for Listed Jurisdiction Amounts Previously…
- 150-317-0660 · Computation of Taxable Income; Excess Loss Accounts
- 150-317-0670 · Application for Relief
- 150-317-0680 · Tax Imposed on Unrelated Business Income of Certain…
- 150-317-1000 · Definition of Commercial Activity
- 150-317-1010 · Substantial Nexus Guidelines for the Corporate Activity…
- 150-317-1015 · Short Tax Period Return Requirements
- 150-317-1020 · Corporate Activity Tax Unitary Business Factors, Common…
- 150-317-1022 · Unitary Group Tax Year
- 150-317-1023 · Unitary Group Designated Reporting Entity
- 150-317-1025 · Corporate Activity Tax: Election to Exclude Non-U.S.…
- 150-317-1030 · Sourcing Commercial Activity to Oregon from Sales of…
- 150-317-1040 · Sourcing Commercial Activity to Oregon of Other than…
- 150-317-1050 · Sourcing of Commercial Activity for Financial…
- 150-317-1060 · Definition of Insurers’ Gross Premiums Receipts
- 150-317-1070 · Sourcing of Motor Carrier Transportation Services
- 150-317-1080 · Sourcing of Rail Carrier Transportation Services
- 150-317-1090 · Sourcing of Sea Transportation Services
- 150-317-1095 · Sourcing of River Transportation Services
- 150-317-1100 · Agent Exclusion
- 150-317-1120 · Exclusion for subcontracting payments
- 150-317-1130 · Property Brought into Oregon
- 150-317-1140 · Wholesale Sale of Groceries Exclusion
- 150-317-1150 · Retail Sale of Groceries Exclusion
- 150-317-1160 · Farmer’s Sales to Agricultural Cooperatives
- 150-317-1170 · Farming Operations: Clarifying Definitions for…
- 150-317-1180 · Eligible Pharmacy Exclusion
- 150-317-1185 · Definition of Precious Metal Dealer
- 150-317-1200 · Cost Input or Labor Cost Subtraction
- 150-317-1220 · Employee Compensation: Labor Cost Subtraction
- 150-317-1300 · Estimated Tax: When Estimated Payments Are Required
- 150-317-1310 · Estimated Tax Payments: Delinquent or Underestimated…
- 150-317-1320 · Estimated Tax: Unitary Groups and Apportioned Returns
- 150-317-1330 · Extension of Time to File
- 150-317-1400 · Determining Property Resold Out of State, and Methods of…
- 150-317-1410 · Motor Vehicle Resale Certificate – Documentation Required
- 150-317-1420 · Damages Received as the Result of Litigation
- 150-317-1500 · Good Faith Effort