Bill Text: OR HB2565 | 2011 | Regular Session | Introduced

Oregon House Bill 2565 (Prior Session Legislation)

Introduced

Bill Title: Relating to taxation of cooperative organizations; prescribing an effective date.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2565 Detail]

Download: Oregon-2011-HB2565-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2633

                         House Bill 2565

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Revenue)

                             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.

  Excludes sales representing business done with or for members
of cooperative organization from definition of 'Oregon sales '
for purposes of corporate minimum tax. Imposes $150 entity tax on
cooperative organizations.
  Applies to tax years beginning on or after January 1, 2011.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to taxation of cooperative organizations; creating new
  provisions; amending ORS 317.090; and prescribing an effective
  date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 317.090, as amended by section 1, chapter 745,
Oregon Laws 2009, is amended to read:
  317.090. (1) As used in this section  { - , - }  { + :
  (a)  + } ' Oregon sales' means:
    { - (a) - }   { + (A) + } If the corporation apportions
business income under ORS 314.650 to 314.665 for Oregon tax
purposes, the total sales of the taxpayer in this state during
the tax year, as determined for purposes of ORS 314.665;
    { - (b) - }   { + (B) + } If the corporation does not
apportion business income for Oregon tax purposes, the total
sales in this state that the taxpayer would have had, as
determined for purposes of ORS 314.665, if the taxpayer were
required to apportion business income for Oregon tax purposes; or
    { - (c) - }   { + (C) + } If the corporation apportions
business income using a method different from the method
prescribed by ORS 314.650 to 314.665, Oregon sales as defined by
the Department of Revenue by rule.
   { +  (b) If the corporation is a cooperative organization
described in section 1381 of the Internal Revenue Code, 'Oregon
sales' does not include sales representing business done with or
for members of the cooperative organization. + }
  (2) Each corporation or affiliated group of corporations filing
a return under ORS 317.710 shall pay annually to the state, for
the privilege of carrying on or doing business by it within this
state, a minimum tax as follows:
  (a) If Oregon sales properly reported on a return are:
  (A) Less than $500,000, the minimum tax is $150.
  (B) $500,000 or more, but less than $1 million, the minimum tax
is $500.
  (C) $1 million or more, but less than $2 million, the minimum
tax is $1,000.
  (D) $2 million or more, but less than $3 million, the minimum
tax is $1,500.
  (E) $3 million or more, but less than $5 million, the minimum
tax is $2,000.
  (F) $5 million or more, but less than $7 million, the minimum
tax is $4,000.
  (G) $7 million or more, but less than $10 million, the minimum
tax is $7,500.
  (H) $10 million or more, but less than $25 million, the minimum
tax is $15,000.
  (I) $25 million or more, but less than $50 million, the minimum
tax is $30,000.
  (J) $50 million or more, but less than $75 million, the minimum
tax is $50,000.
  (K) $75 million or more, but less than $100 million, the
minimum tax is $75,000.
  (L) $100 million or more, the minimum tax is $100,000.
  (b) If a corporation is an S corporation  { + or a cooperative
organization described in section 1381 of the Internal Revenue
Code + }, the minimum tax is $150.
  (3) The minimum tax is not apportionable (except in the case of
a change of accounting periods), and is payable in full for any
part of the year during which a corporation is subject to tax.
  SECTION 2.  { + The amendments to ORS 317.090 by section 1 of
this 2011 Act apply to tax years beginning on or after January 1,
2011. + }
  SECTION 3.  { + This 2011 Act takes effect on the 91st day
after the date on which the 2011 session of the Seventy-sixth
Legislative Assembly adjourns sine die. + }
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