77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1902

                         House Bill 2304

Sponsored by Representative READ (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Establishes credit against personal income tax for amounts paid
by eligible taxpayer who paid for and received instruction
leading to degree or recognized certificate from post-secondary
institution.
  Applies to amounts paid in tax years beginning on or after
January 1, 2015, and before January 1, 2024.

                        A BILL FOR AN ACT
Relating to tax credits for tuition.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 315. + }
  SECTION 2.  { + (1) As used in this section, 'eligible taxpayer
' means a taxpayer who graduated from an Oregon high school on or
after July 1, 2013, or received a General Educational Development
(GED) certificate in Oregon on or after July 1, 2013, and who:
  (a) Received a degree or recognized certificate from a
community college within three years after graduating from high
school or receiving a General Educational Development (GED)
certificate;
  (b) Received a degree or recognized certificate from an
eligible post-secondary institution, as defined in ORS 348.180,
that is not a community college within five years after
graduating from high school or receiving a General Educational
Development (GED) certificate; or
  (c)(A) Received a degree or recognized certificate from a
community college within three years after graduating from high
school or receiving a General Educational Development (GED)
certificate; and
  (B) Received a degree or recognized certificate from an
eligible post-secondary institution, as defined in ORS 348.180,
that is not a community college within three years after
receiving the degree or recognized certificate from a community
college.
  (2)(a) If an eligible taxpayer received a degree or recognized
certificate from a community college, a credit against the taxes
otherwise due under ORS chapter 316 is allowed to the eligible
taxpayer in the amount of $125. A taxpayer may receive a credit
under this paragraph for two tax years.
  (b) If an eligible taxpayer received a degree or recognized
certificate from an eligible post-secondary institution that is
not a community college and has not received a degree or
recognized certificate from a community college within the period
specified in subsection (1) of this section, a credit against the
taxes otherwise due under ORS chapter 316 is allowed to the
eligible taxpayer in the amount of $250. A taxpayer may receive a
credit under this paragraph for four tax years.
  (c) If an eligible taxpayer received a degree or recognized
certificate from an eligible post-secondary institution that is
not a community college and has previously received a degree or
recognized certificate from a community college within the period
specified in subsection (1) of this section, a credit against the
taxes otherwise due under ORS chapter 316 is allowed to the
eligible taxpayer in the amount of $250. A taxpayer may receive a
credit under this paragraph for two tax years.
  (3) An eligible taxpayer may not receive credits under
subsection (2)(a) and (c) of this section in the same tax year.
  (4) The credit allowed under this section is available only to
a taxpayer who paid tuition, fees or related expenses and
received the instruction leading to a degree or recognized
certificate that qualified the taxpayer for a credit under this
section.
  (5) The credit allowed under this section may not exceed the
tax liability of the taxpayer for the tax year in which the
credit is claimed and may not be carried forward to succeeding
tax years.
  (6)(a) A nonresident shall be allowed the credit under this
section in the proportion provided in ORS 316.117.
  (b) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
  (c) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed under this section shall be prorated or computed
in a manner consistent with ORS 314.085. + }
  SECTION 3.  { + Section 2 of this 2013 Act applies to tax years
beginning on or after January 1, 2015, and before January 1,
2024. + }
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