Bill Text: OR HB3388 | 2011 | Regular Session | Introduced


Bill Title: Relating to tax credits for private school tuition.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3388 Detail]

Download: Oregon-2011-HB3388-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 1452

                         House Bill 3388

Sponsored by Representative ESQUIVEL; Representatives FREEMAN,
  OLSON, G SMITH

                             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.

  Creates income tax credit for private school tuition payments.
  Applies to tax years beginning on or after January 1, 2012.

                        A BILL FOR AN ACT
Relating to tax credits for private school tuition.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 315. + }
  SECTION 2.  { + (1) A credit against the taxes otherwise due
under ORS chapter 316 shall be allowed for tuition paid by the
taxpayer during the tax year for pupils attending, in Oregon,
private elementary and secondary schools.
  (2) The credit allowed under this section shall equal the
lesser of:
  (a) The amount of tuition paid by the taxpayer during the tax
year; or
  (b) The annual per student distribution for the district in
which the student resides, as computed using the weighted average
daily membership formula provided in ORS 327.013, less $1,000.
  (3) The credit allowed under this section in one tax year may
not exceed the tax liability of the taxpayer.
  (4)(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) A husband and wife who file separate returns for a taxable
year may each claim a share of the tax credit that would have
been allowed on a joint return in proportion to the contribution
of each.
  (d) 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.
  (5) The Department of Education shall establish by rule
policies and procedures for certifying taxpayers as eligible for
the credits allowed under this section. + }

  SECTION 3.  { + Section 2 of this 2011 Act applies to tax years
beginning on or after January 1, 2012. + }
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