Bill Text: OR HB3217 | 2011 | Regular Session | Introduced


Bill Title: Relating to corporate minimum tax; prescribing an effective date.

Spectrum: Partisan Bill (Republican 19-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3217 Detail]

Download: Oregon-2011-HB3217-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 242

                         House Bill 3217

Sponsored by Representative BREWER; Representatives CAMERON,
  CONGER, FREEMAN, GARRARD, HUFFMAN, JOHNSON, KRIEGER, LINDSAY,
  MCLANE, OLSON, PARRISH, RICHARDSON, SHEEHAN, THATCHER,
  THOMPSON, WEIDNER, WHISNANT, WINGARD

                             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 uniform corporate minimum tax of $150 and removes
provisions basing amount of tax on amount of Oregon sales.
Requires Department of Revenue to refund excess tax paid.
  Applies to tax years beginning on or after January 1, 2009.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to corporate minimum tax; 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, 'Oregon sales '
means: - }
    { - (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) 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) 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. - }
    { - (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, the minimum tax
is $150. - }
    { - (3) - }   { + Each taxpayer named in ORS 317.070 shall
pay annually to the state, for the privilege of carrying on or
doing business within this state, a minimum tax of $150. + } 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,
2009. + }
  SECTION 3.  { + If, for tax years beginning on or after January
1, 2009, and before January 1, 2012, the Department of Revenue
determines that a taxpayer has paid more in tax than the amount
due under ORS 317.090, as amended by section 1 of this 2011 Act,
the department shall refund the excess paid. The department shall
make refunds under this section as provided in ORS 305.270 and
314.415 no later than June 30, 2012. + }
  SECTION 4.  { + 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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