Oregon Form 20 Instructions

Form 20 Instructions
2022 Form OR-20 Instructions, Oregon Corporation Excise Tax, 150-102-020-1
Form OR-20 Instructions
Oregon Corporation Excise Tax

2022

Contents
Purpose of Form OR-20........................................ 2
Important reminders............................................. 2
What’s new and Looking ahead................ 2, 3
Estimated tax payments...................................... 3
Filing information

Filing checklist

Due date of return, Extensions........................................... 8
Payments................................................................................ 8
Assembling your return....................................................... 8

Mailing Addresses.................................................... 9
Form instructions

Who must file with Oregon?............................................... 4
Filing requirements: consolidated returns, unitary
	 business, insurance affiliates, separate returns........... 5
E-file........................................................................................ 5
Federal audit changes, Amended returns......................... 5
Protective claims................................................................... 6

Heading and checkboxes..................................................... 9
Questions.............................................................................. 10

Line instructions

Additions.............................................................................. 11
Subtractions......................................................................... 13
Tax......................................................................................... 15
Credits................................................................................... 16
LIFO benefit recapture....................................................... 16
Net excise tax....................................................................... 16
Payments, penalty, interest, and UND............................. 16
Schedule ES—Estimated tax payments, other
	 prepayments, and refundable credits......................... 16
Total due or refund............................................................. 18

Special filing requirements

Agricultural or horticultural cooperatives........................ 6
Broadcasters........................................................................... 6
Exempt organizations........................................................... 6
Homeowners associations................................................... 7
Insurers................................................................................... 7
Interest charge domestic international
	 sales corporations (IC-DISCs)......................................... 7
Limited liability companies (LLCs).................................... 7
Political organizations.......................................................... 8
Publicly traded partnerships............................................... 8
Real Estate Investment Trusts (REITs) and Regulated
	 Investment Companies (RICs)........................................ 8
Real Estate Mortgage Investment Conduits (REMICs)...... 8

Do you have questions?..................................... 18
Appendices

Appendix A, 2022 Schedule OR-ASC-CORP code list..... 19
Appendix B, 2022 Tax rates and minimum tax table..... 21
Appendix C, Alternative apportionment........................ 22

Information contained herein is a guide. For complete details of law, refer to
Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR).

Go electronic!
Fast • Accurate • Secure
File corporation tax returns through the Federal/State Electronic Filing Program. See “E-file.”
Visit us online: ­­w ww.oregon.gov/dor

•	 Registration and account status.
•	 Online payments and communication.
•	 Forms, instructions, and law.
•	 Announcements and FAQ.
•	 Updates to instructions.

150-102-020-1 (Rev. 10-28-22) 	

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2022 Form OR-20 Instructions

If a corporation manufactures or sells psilocybin products, operates a psilo­cybin service center, or facilitates
psilocybin ser­
vices licensed by the Oregon Health
Authority (OHA) under ORS Chapter 475A, the corporation may subtract cer­tain business expenses on the Oregon return that can’t be deducted on the federal return
due to IRC §280E. Federal law prohibits deductions
for certain busi­ness expenses if the business involves
the cul­
tivation, manufacture, distribution, or sale of
certain controlled substances. Oregon law, however,
allows a subtraction for the same ordinary and necessary expenses incurred for the business that are allowed
for other types of businesses operating in this state. If
the expense would have been allowed for federal purposes, but the business falls within the Con­trolled Substances Act (21 U.S.C. Sections 801 et seq.), a subtraction
is allowed on your Oregon return.

Purpose of Form OR-20
Use Form OR-20, Oregon Corporation Excise Tax Return,
to calculate and report the Oregon corporate excise tax
liability of a business entity taxable as a C corporation
doing business in Oregon.

Important reminders
If your registered corporation or insurance company
isn’t doing business in Oregon and has no Oregonsource income, then you don’t need to file a corporation
tax return.
Revenue Online. Revenue Online provides convenient,
secure access to tools for managing your Oregon tax
account. With Revenue Online, you may:
•	View your tax account.
•	Make payments.
•	View correspondence we sent you.
•	Check the status of your refund.

Credits

For more information and instructions on setting up your
Revenue Online account, visit ­www.oregon.gov/dor.

For tax years beginning on or after January 1, 2022
and before January 1, 2028, this credit is allowed to be
claimed for the prior year if the donation is made not
later than April 15 following December 31 of the tax year
for which the credit is claimed. This change is effective
for tax years 2022 through 2027, for donations made prior
to April 15, 2028. See HB 2433 (2021).

Individual Development Account (IDA) donations
(ORS 315.271)

What’s new
Note: Not all information in this section pertains to all
taxpayers or form types. If applicable, refer to House Bills
(HB) or Senate Bills (SB) as shown.

Oregon affordable housing lender’s credit (ORS
317.097)

Visit ­
w ww.oregon.gov/dor for possible updates to
these instructions.

Oregon statute was amended to allow a financial insti­
tution to claim the tax credit by purchasing bonds if
the bond proceeds are used to finance the purchase of
afford­able housing. These amendments apply between
January 1, 2022 and January 1, 2026. See HB 2433 (2021).

General
Tie to federal tax law
In general, Oregon is tied to the federal definition of taxable income as of December 31, 2021; however, Oregon is
still disconnected from:

Expired credits
The following tax credits are no longer available, including carryforwards:

•	Federal subsidies for prescription drug plans (IRC
§139A; ORS 317.401).
•	Deferral of certain deductions for tax years beginning
on or after January 1, 2009 and before January 1, 2011
may require subsequent Oregon modifications (IRC
§168(k) and §179; ORS 317.301).

•	Biomass production/collection (ORS 315.141)....code 838
•	Pollution control facilities (ORS 315.304)............code 857
•	Reforestation of underproductive forestlands
(ORS 315.104)...........................................................code 867
•	Renewable Energy Development Fund contributions
(ORS 315.326)...........................................................code 859

Psilocybin business expenses

Form changes

ORS 317.363 allows Oregon corporation excise and income
tax filers to subtract certain business expenses otherwise
barred by IRC §280E if the corporation is engaged in psilocybin-related activities authorized by ORS 475A.210 to
475A.722, the Oregon Psilocybin Services Act. Use subtraction code 385 on Schedule OR-ASC-CORP.

150-102-020-1 (Rev. 10-28-22) 	

Question M has been repurposed. For 2022, check this
box only if you or an affiliate included in this return
claim Oregon sales are protected from Oregon taxation
because of Public Law 86-272.

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2022 Form OR-20 Instructions

•	Fiscal year filers: The 15th day of the 4th, 6th, 9th, and
12th months of your fiscal year.
•	If the due date falls on a Saturday, Sunday, or legal
holiday, use the next regular business day.

Looking ahead
NOL carryback
SB 1524 (2022) allows taxpayers who use NAIC codes 111
or 112 (referring to taxpayers engaged in crop production, animal production or aquaculture) to claim a threeyear NOL carryback. The three-year NOL carryback first
applies in tax years beginning on or after January 1, 2023,
and before January 1, 2029, and any tax year to which the
NOL may be carried back. For example, a taxpayer with
a loss in tax year 2023 may carry their loss to tax year
2020.

Payment options
Important: For details about making payments with
your return, see “Filing checklist.”
Estimated payments may be made by electronic funds
transfer (EFT), online, or by mail.
EFT. You must make your Oregon estimated payments
by EFT if you’re required to make your federal estimated
payments by EFT. We may grant a waiver from EFT payments if you’d be disadvantaged by the requirement
(ORS 314.518 and supporting administrative rules).

Tax credits
HB 4002 (2022) creates a refundable tax credit for overtime paid to agricultural workers. The tax credit equals a
percentage of actual agricultural worker overtime costs
paid by the taxpayer. The exact amount of the percentage depends on the year the overtime is paid, how many
agricultural workers the taxpayer employs, and the type
of agriculture the taxpayer practices. The credit applies
to tax years beginning on or after January 1, 2023, and
before January 1, 2029, and taxpayers will apply for the
tax credit through the department. Note that this tax
credit can offset corporation minimum tax determined
under ORS 317.090.

If you don’t meet the federal requirements for mandatory EFT payments, you may still make voluntary EFT
payments.
You can make EFT payments through Revenue Online or
through your financial institution. To learn more about
Revenue Online or to make an EFT payment, visit ­www.
oregon.gov/dor. If you pay by EFT, don’t send Form
OR‑20-V, Oregon Corporation Tax Payment Voucher.
Mail. If paying by mail, send each payment with a
Form OR-20-V, payment voucher, to: Oregon Department
of Revenue, PO Box 14950, Salem OR 97309-0950.

SB 1502 (2022) creates a non-refundable tax credit equal
to the stumpage value of timber (plus cost of appraisal
and cost of filing and recording a deed restriction, minus
costs of transportation to a mill) left standing on the land
of a small forestland owner. The amount of the tax credit
is certified by the Department of Forestry. The tax credit
applies to tax years beginning on or after January 1, 2023.

Include on your check:
•	Federal employer identification number (FEIN).
•	Tax year beginning and ending dates.
•	Contact phone.

Estimated tax payments’ worksheet

Estimated tax payments

(Keep for your records—don’t file with your payment.)

Requirements
Oregon estimated tax payment requirements aren’t the
same as federal estimated tax payment requirements.
You must make estimated tax payments if you expect to
owe tax of $500 or more. This includes Oregon’s minimum tax. See ORS 314.505 to 314.525 and supporting
administrative rules.
If you don’t make estimated payments as required, you
may be subject to interest on underpayment of estimated
tax (UND). Refer to Form OR-37 if you have an underpayment of estimated tax.

1.

2. Tax on Oregon net income (see
Appendix B).

2.

3. Subtract tax credits allowable
in upcoming tax year. Tax
credits can’t be used to reduce
minimum tax.

3.

4. Net tax (line 2 minus line 3).

4.

If the amount on line 4 is less
than $500, stop. You don’t have
to make estimated tax payments.
Caution: If your final tax
liability when you file your
return is $500 or more, you may
be subject to UND.

Payment due dates
Estimated tax payments are due quarterly, as follows:
•	Calendar year filers: April 15, June 15, September 15,
and December 15.
150-102-020-1 (Rev. 10-28-22) 	

1. Oregon net income expected in
upcoming tax year.

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2022 Form OR-20 Instructions

5. Amount of each payment.
(Divide line 4 by the number of
payments you need to make.
This is usually 4.)

Excise or income tax?

5.

Oregon has two types of corporate taxes: excise and
income. Excise tax is the most common. Most corporations don’t qualify for Oregon’s income tax.

If your expected net tax changes during the year, refigure your estimated tax payments using the Estimated tax
payments’ worksheet.

Excise tax is a tax for the privilege of doing business
in Oregon. It’s measured by net income. Excise tax filers are subject to corporate minimum tax. Corporation
excise tax laws are in Chapter 317 of the Oregon Revised
Statutes.

To avoid additional charges for UND, you must pay the
amount of any prior underpayment plus the amount of
the current required payment.

Note: All interest on obligations of the 50 states and their
subdivisions are subject to Oregon excise tax. Interest on
obligations of the United States and its instrumentalities
are also subject to tax if the interest is taxable under the
Internal Revenue Code and Congress has not chosen to
prevent the states from taxing the interest in question. A
taxpayer has the burden of showing that Oregon can’t
tax the interest on a federal obligation.

Example: During the year, Corporation A’s expected net
tax increased from $2,000 to $6,000. Corporation A made
timely first and second quarter estimated payments of
$500 before its expected net tax increased.
Corporation A should make four payments of $1,500 each
during the year. Because of its increased net tax, Corporation A will be subject to UND charges for the first and
second quarters. To avoid UND charges for the third and
fourth quarters, Corporation A must make timely payments of $3,500* for the third quarter and $1,500 for the
fourth quarter.

Income tax is for corporations not doing business in
Oregon, but with income from an Oregon source. Income
tax filers aren’t subject to corporate excise or minimum
tax. Corporation income tax laws are in Chapter 318 of
the Oregon Revised Statutes.

What form do I use?

*$1,000 for the first-quarter underpayment, plus $1,000
for the second-quarter underpayment, plus $1,500 for the
required third-quarter installment equals $3,500.

Except as provided by Pub.L. 86-272, all corporations
doing business in Oregon must file Form OR-20, and
are subject to the minimum excise tax. Any corporation
doing business in Oregon is also required to register
with the Secretary of State, Corporation Division. See
www.­­sos.oregon.gov.

Filing information
Who must file with Oregon?

“Doing business” means carrying on or being engaged
in any profit-seeking activity in Oregon. A taxpayer
having one or more of the following in this state is clearly
doing business in Oregon:

Corporations that are doing business in Oregon, or with
income from an Oregon source, are required to file an
Oregon corporation tax return. If you have tangible
or intangible property or other assets in Oregon, any
income you receive from that property or assets is Oregon source income. Public Law (Pub.L.) 86-272 provides
exceptions to the Oregon filing requirement for certain
corporations doing business in Oregon.

•	A stock of goods.
•	An office.
•	A place of business (other than an office) where affairs
of the corporation are regularly conducted.
•	Employees or representatives with activities which go
beyond the solicitation of orders for sales of tangible personal property.
•	An economic presence through which the taxpayer
regularly takes advantage of Oregon’s economy to produce income.

Exemption for emergency service providers. An outof-state emergency service provider is exempt from tax
when operating solely for the purposes of performing
disaster or emergency-related work on critical infrastructure. Disaster or emergency-related work conducted by
an out-of-state business may not be used as the sole basis
for determining that a corporation is doing business in
Oregon.

Corporations not doing business in Oregon, but with
income from an Oregon source, must file Form OR‑20‑INC.
Most corporations don’t fall within Oregon’s income tax
provisions.
Corporations not doing business in Oregon, and with
no Oregon source income, even if incorporated in or
registered to do business in the state, aren’t subject to the
excise, income, or minimum tax, and aren’t required to
file a corporation tax return.

Note: Oregon follows the federal entity classification
regulations. If an entity is classified or taxed as a corporation for federal income tax purposes, it will be treated
as a corporation for Oregon tax purposes.
150-102-020-1 (Rev. 10-28-22) 	

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2022 Form OR-20 Instructions

E-file

Important: Don’t file a Form OR-20 unless you’re required
to do so. Filing an unnecessary return may result in a billing for minimum tax.

If you’re required to e-file with the IRS, you’re also
required to e-file for Oregon. We accept calendar year,
fiscal year, short year, and amended electronic corporation tax returns utilizing the IRS Modernized e-file platform (MeF). Beginning January 2023, we’ll accept e-filed
returns for tax year 2022, and will continue accepting
returns for 2021 and 2020.

Filing requirements
Consolidated federal returns (ORS 317.705–317.725). If a
corporation is a member of an affiliated group of corporations that filed a consolidated federal return, it must
file an Oregon return based on that federal return. An
Oregon return, based on the federal consolidated return,
is required when two or more affiliated corporations are:

Your tax return software also allows you to make electronic payments when e-filing your original return.
Note: Your paper return may be rejected if you’re
required to electronically file your Oregon corporation
tax return, unless a waiver request has been approved by
us prior to the filing of the paper return.

•	Included in a consolidated federal return;
•	Unitary; and
•	At least one of the affiliated corporations doing business in Oregon or have Oregon-source income.

If you’d like to request a waiver, send an email with
the FEIN, tax year, and reason you’re unable to e-file to
bus.electronicfiling​
@​
dor.oregon.gov, prior to paper-filing your return.

Note: S corporations can’t be included in consolidated
federal returns. IRC §1361(b) provides that a corporation
that’s a Qualified Subchapter S Subsidiary (QSSS) isn’t
treated as a separate corporation. All income, deductions, and credits of the QSSS will be treated as belonging to the parent S corporation.

For a list of software vendors or for more information,
search “e-filing” at www.oregon.gov/dor.
­­

Federal or other state audit changes

Unitary business. A business that has, directly or indirectly between members or parts of the enterprise, either
a sharing or an exchange of value shown by:

If the IRS or other taxing authority changes or corrects
your federal or other state return for any tax year, you
must notify us. File an amended Oregon return and
include a copy of the federal or other state audit report.
Mail this separately from your current year’s return.

•	Centralized management or a common executive force;
•	Centralized administrative services or functions resulting in economies of scale; or
•	Flow of goods, capital resources, or services showing
functional integration.

If you don’t amend or send a copy of the federal or other
state report, we have two years from the date we’re notified of the change to issue a deficiency notice. To receive
a refund you must file a claim for refund of tax within
two years of the date of the federal or other state report.

Unitary insurance affiliates. If a unitary insurance
affiliate has a separate return filing requirement, it’s
excluded from the Oregon return of the consolidated
group. The insurance affiliate is treated as if it’s a nonunitary affiliate of the consolidated group by subtracting income or adding losses to federal taxable income.
The other members of the insurer’s federal consolidated
group receive a 100 percent dividend-received deduction
for any dividend received from the insurer. See “Additions” and “Subtractions” below.

Amended returns
Oregon doesn’t have an amended return form for corporations. Use the form for the tax year you’re amending
and check the amended box. Always use your current
address. If your address has changed, don’t use your old
address or our system will revert your current address
to the old address.

Separate federal returns. Any corporation that files
a separate federal return must file a separate Oregon
return if it’s doing business in Oregon or has income
from an Oregon source. However, see special filing
requirements for REITs.

Fill in all amounts on your amended return, even if
they’re the same as originally filed. If you’re amending to change additions, subtractions, or credits, include
detail of all items and amounts, including carryovers.

A corporation subject to Oregon taxation must also file
a separate Oregon return if it was included in a consolidated federal return, but wasn’t unitary with any of the
other affiliates. To determine Oregon taxable income,
begin with taxable income from the consolidated federal return and use Oregon additions or subtractions to
remove the nonunitary affiliates.
150-102-020-1 (Rev. 10-28-22) 	

If you change taxable income by filing an original or
amended federal or other state return, you must file an
amended Oregon return within 90 days of when the
original or amended federal or other state return is filed
(ORS 314.380). Include a copy of your original or amended
federal or other state return with your amended Oregon
return and explain the changes.
5	

2022 Form OR-20 Instructions

If you filed Form OR-20-S, and later determined you
should file Form OR-20, amend your return using Form
OR-20 and check the amended box.

OR-AP, under the heading “Describe the nature and
provide the location(s) of your Oregon business activities.” Include the description “Sales not done with or for
members of the co-op.”

You may make payments online for your amended
return at ­­www.oregon.gov/dor.

Note: Generally, co-ops filing federal Form 1120-C
begin the Oregon return with line 25a from the federal
return (not line 28). You are also allowed a subtraction
for patronage dividends, which is taken on Schedule
OR‑ASC-CORP, code number 379 (ORS 317.010).

Don’t make payments for amended returns with EFT.
This also applies to e-filed amended returns. For paper
returns, you may pay online or include a check or money
order with your return. For e-filed returns, you may pay
online or send a check or money order separately. If you
mail your payment separate from your return, write
“Amended” on the payment and include a completed
Form OR-20-V with the amended box checked.

Broadcasters
SB 136 (2021) defines broadcasting sales and repeals the
interstate broadcaster provisions applicable before January 1, 2020.

Don’t amend your Oregon return if you amend the federal return to carry a net operating loss back to prior
years. Oregon allows corporations to carry net operating losses forward only.

For tax years beginning on or after January 1, 2020, taxpayers with broadcasting sales must use an audience/
subscriber factor, as demonstrated through the use of
third-party ratings information or the taxpayer’s books,
papers, records, or memoranda, to source their broadcasting sales to Oregon. Taxpayers with broadcasting
sales may elect to apply their audience/subscriber factor
to all their gross receipts except sales of real property
and tangible personal property. In certain circumstances,
taxpayers may source receipts from advertising on or
licensing to subscription services using a statutorily prescribed 0.6% apportionment factor. See SB 136 for more
information.

On the estimated tax payments line of your amended
Form OR-20, enter the net excise tax per the original
return or as previously adjusted. Don’t include any penalty or interest portions of payments already made.
If paying additional tax with your amended return, you
must include interest with your payment. Interest is figured from the day after the due date of your original
return up to the day we receive your full payment. See
“Interest rates.”
Pay all tax and interest due with your amended return
or within 30 days of receiving a billing notice from us to
avoid being charged a 5 percent late payment penalty.

Exempt organizations
If you’re an exempt organization under IRC §§501(c)
through (f), 501(j), 501(n), 521, or 529, you’re exempt from
Oregon corporation taxes [ORS 317.080 (1)–(8)]. Apply to
the IRS for exempt status, don’t apply to us. Two exceptions are nonprofit homes for the elderly and people’s
utility districts established under ORS Chapter 261.

Protective claims
Don’t file an amended return as a protective claim.
Use Oregon Form OR-PCR, Protective Claim for Refund,
150‑101-184, when your claim to a refund is contingent
on a pending court decision or legislative action. Notify
us within 90 days of the final determination by filing an
amended return. Don’t file an amended return before
the pending action is final.

If you’re exempt from Oregon tax and don’t have unrelated business taxable income (UBTI) as defined in IRC
§512, don’t file an Oregon tax return. UBTI is gross unrelated business income less allowable deductions, including a special $1,000 deduction.

Special filing requirements

If you have UBTI, file Form OR-20 and include a copy
of your federal Form 990-T. Organizations exempt from
federal tax, but not exempt from Oregon tax, must also
file Form OR-20 and include a copy of federal Form 990‑T.

Agricultural or horticultural cooperatives
For purposes of the corporate minimum tax only, the
Oregon sales of agricultural or horticultural cooperatives doesn’t include sales representing business done
with or for the cooperative’s members. If you’re an agricultural or horticultural cooperative, check the box in the
header for Ag co-op.

An exempt organization filing Oregon Form OR-20 is
subject to the greater of calculated excise tax based on
UBTI apportioned or allocated to Oregon or Oregon
minimum tax. For minimum tax purposes, include in
“Oregon sales” only gross unrelated business income
apportioned or allocated to Oregon. Tax-exempt gross
income isn’t included.

Your Schedule OR-AP, part 1, must show all sales
in Oregon and elsewhere to correctly compute your
apportionment percentage. However, for minimum tax
purposes, show the amount of sales not done with or
for members of the co-op in the header of the Schedule
150-102-020-1 (Rev. 10-28-22) 	

Note: Some religious organizations that qualify under
IRC § 501(d) may file as partnerships.
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2022 Form OR-20 Instructions

Homeowners associations

extent it has transactions with related parties. If you
have transactions other than with related parties, complete your Form OR-20 as a normal corporation filer,
and check the IC-DISC checkbox in the return header.

A homeowners association organized and operated
under IRC §528(c) may elect to be treated as a tax-exempt
organization (ORS 317.080). The association must make
the election no later than the time prescribed by law for
filing the return. A copy of the federal Form 1120-H filed
with the IRS will constitute this election when filed with
us. Tax-exempt status will only exempt the association
from tax on the exempt function income, such as membership dues, fees, and assessments from member-owners of residential units in the particular condominium or
subdivision involved. Oregon follows the federal definition of nonexempt function income.

The Oregon IC-DISC return is due by the 15th day of the
month following the due date of the federal return. For
example, a calendar-year federal Form 1120-IC-DISC is
due nine months after the year-end (September 15). The
Oregon return for the IC-DISC is due October 15.
If the 15th falls on a Saturday, Sunday, or legal holiday,
the due date is the next business day. No extensions are
allowed for IC-DISC returns per federal and Oregon laws.

Form OR-20 line instructions for IC-DISCs
(formed on or before January 1, 2014)

Don’t file Form OR-20 if you don’t have nonexempt
function income for Oregon tax purposes. Only file a
copy of your federal Form 1120-H with us.

Important: Check the IC-DISC box at the top of the form.

File an Oregon Form OR-20, with a copy of federal Form
1120-H, if the association has taxable income. Homeowners association taxable income for Oregon is generally
the same as for federal purposes. It’s gross nonexempt
income less directly-related deductions, less the specific
$100 deduction. However, net capital gains are included
in the computation and receive no special treatment.

Line 1. Taxable income from the U.S. Corporation Income
Tax Return. Enter the “total commissions received”
reported for federal income tax purposes [federal
Form 1120-IC-DISC, Schedule B, column c, lines 1c, 2k, and
3g]. Carry this amount to:
•	Line 3—Income after additions;
•	Line 5—Income before net loss deductions; and
•	Line 9—Oregon taxable income.

An association filing Oregon Form OR-20 is subject to
the greater of calculated excise tax or Oregon minimum
tax. For minimum tax purposes, include in “Oregon
sales” only Oregon nonexempt function income.

Line 10. Calculated excise tax. Multiply the amount
from line 9 by 2.5 percent. Enter the result. Carry this
amount to:

Insurers

•	Line 14—Tax;
•	Line 16—Tax before credits;
•	Line 20—Excise tax after credits; and
•	Line 22—Net excise tax.

Insurers that have a separate return filing requirement under ORS 317.710(5) and (7) can’t be included in
an Oregon consolidated return. Instead, they generally
determine Oregon corporate excise tax on a separate
basis. The remaining affiliates in the Oregon consolidated return compute their modified federal consolidated taxable income after exclusion of the insurer with
the separate return filing requirement. Also, the Oregon
consolidated return receives a 100 percent dividendsreceived deduction if a dividend is paid by an insurer
that has a separate return filing requirement. See Form
OR-20-INS and instructions for more information about
insurance company filing requirements.

Limited liability companies (LLCs)
Oregon follows federal law in determining how an LLC
is taxed. Federal law doesn’t recognize an LLC as a classification for federal tax purposes. An LLC business
entity must file a corporation, partnership, or sole proprietorship tax return, depending on elections made by
the LLC and the number of members.
A multi-member LLC can be either a partnership or a
corporation, including an S corporation. A single member LLC (SMLLC) can be either a corporation or a single
member “disregarded entity.” Refer to federal law for
more information and requirements.

Interest charge domestic international sales
corporations (IC-DISCs) (ORS 317.283, 317.635)
If your corporation is an IC-DISC, file Form OR-20 and
check the IC-DISC checkbox at the top of the form.

An LLC taxed as a C corporation must file Form OR-20
if doing business in Oregon, or Form OR-20-INC if not
doing business in Oregon but receiving Oregon-source
income. The LLC must file Form OR-20-S if the entity
files federal Form 1120-S.

•	An IC-DISC formed on or before January 1, 2014 is
exempt from minimum tax. Complete your Form
OR-20 using the instructions below.
•	Commissions received by an IC-DISC formed on or
before January 1, 2014 are taxed at 2.5 percent.
•	An IC-DISC formed after January 1, 2014 isn’t exempt
from minimum tax. However, it’s disregarded to the
150-102-020-1 (Rev. 10-28-22) 	

An LLC taxed as a partnership must file Form OR-65,
Oregon Partnership Return, if doing business in Oregon,
or if receiving Oregon-source income, or if it has any
7	

2022 Form OR-20 Instructions

Oregon resident members. If the LLC has a corporate
member, the member is taxed on its share of the LLC’s
Oregon income.

chapter 317 or 318 and calculates their Oregon apportionment factors and Oregon net income in the same manner
as a corporation with a separate filing requirement under
ORS 317.710. REITs or RICs doing business in Oregon are
subject to Oregon minimum tax. Business trusts that
qualify as REITs filing separate returns aren’t allowed
an Oregon deduction for net losses of prior years.

If an LLC is part of a corporation’s overall business operations and is treated as a partnership, include the corporation’s ownership share of LLC property, payroll, and
sales in the corporation’s apportionment percentage calculation on Schedule OR-AP (ORS 314.650 and supporting administrative rules).

Distributions from a REIT or RIC to its shareholders are
treated the same as distributions from a corporation to
its shareholders for purposes of ORS chapters 316, 317,
and 318.

Foreign LLCs are identified as unincorporated associations organized under the laws of a state other than Oregon, or a foreign country. Oregon’s definition of a foreign
LLC includes an unincorporated association organized
under the laws of a federally recognized American
Indian tribe, no matter when organized.

Real Estate Mortgage Investment Conduits
(REMICs)
A REMIC isn’t subject to Oregon tax; the income is taxable to the holders of the REMIC’s interests under ORS
Chapter 316, 317, or 318, whichever is applicable. A
REMIC must file Form OR-20-INC if it receives prohibited transaction income from Oregon sources.

Political organizations
Political organizations (for example, campaign committees and political parties) normally don’t pay state or federal taxes. However, income earned from investments is
taxable. Examples include interest earned on deposits;
dividends from contributed stock, rents, or royalties; and
gains from the sale of contributed property. We follow
the federal definitions of political organizations and taxable income.

All REMICs required to file must include a complete
copy of federal Form 1066. The REMIC must also include
a federal Schedule Q for each residual interest holder for
each quarter of the tax year. Report the amount of net
income from prohibited transactions from federal Form
1066 Schedule J (ORS 314.260).

A political organization that isn’t incorporated and hasn’t
elected to be taxed as a corporation should file a personal
income tax return under ORS 316.277(2).

Filing checklist
Rounding to whole dollars. Enter amounts on the return
and accompanying schedules as whole dollars only.
Example: $4,681.55 becomes $4,682; and $8,775.22 becomes
$8,775.

For more information, including how to file your return,
go to ­­www.oregon.gov/dor/business.

Publicly traded partnerships

•	Due date of your return. Returns are due by the 15th
day of the month following the due date of your federal corporation return. When the 15th day falls on a
Saturday, Sunday, or legal holiday, the due date is the
next business day.

A “publicly traded partnership” is a partnership treated
as a corporation for federal tax purposes under IRC §7704.
The partners in a publicly traded partnership aren’t
subject to tax on their distributive shares of partnership
income. A publicly traded partnership taxed as a corporation must file Form OR-20 if doing business in Oregon,
or Form OR-20-INC if not doing business in Oregon but
is receiving Oregon-source income.

•	Extensions. See the instructions below for the extension checkbox. When you file, include the extension as
the final page of your return.
•	Payments.

Real Estate Investment Trusts (REITs) and
Regulated Investment Companies (RICs)

°	 Payments received after the original due date will be
applied first to penalty, then to interest, and then to
tax [ORS 305.265(13)].
°	 Estimated payments and prepayments. Identify all
estimated payments claimed by completing Schedule ES on page 5 of your return. List all payments
that were submitted prior to filing your return.
Include the corporation name and FEIN if a payment
was made by an affiliate of the filing corporation.
Missing or incomplete information on payments
made by an affiliate could result in a billing.
°	 Online payments. You may pay online for any
return at www.oregon.gov/dor.
­­
Search “payments.”

A REIT or RIC that isn’t included in a federal consolidated return based on the provisions of IRC §1504(b)(4)
must be included in the Oregon consolidated return.
These REITs or RICs are subject to the provisions of
ORS 317.715 and supporting administrative rules. For
apportioning taxpayers, factors from the REIT or RIC are
included in the apportionment calculation of the consolidated Oregon return.
A REIT or RIC that isn’t required to be included in an
Oregon consolidated return is subject to tax under ORS
150-102-020-1 (Rev. 10-28-22) 	

8	

2022 Form OR-20 Instructions

°	 Making electronic payments with your e-filed
return. We accept electronic payments when e-filing
your original return.
°	 Making check or money order payments with your
paper return. Make your check or money order payable to Oregon Department of Revenue. Write the
following on your check or money order:
—	Filer FEIN.
—	Tax year beginning and ending dates.
—	Contact phone.
°	 To speed up processing of your return:
—	Don’t use Form OR-20-V payment voucher.
—	Don’t staple payment to the return.
—	Don’t send cash or postdated checks.
—	Don’t use red or purple or any gel ink.
•	Assembling your return. Assemble your Oregon
return forms in the following order:

Form instructions
Heading and checkboxes
•	OR-FCG-20 checkbox. A reduced tax rate is available
if you sold or exchanged capital assets used in farming. Complete Schedule OR-FCG-20 and check the box
in the header of the form.
•	Extension checkbox. For an Oregon extension when
you’re also filing for a federal extension: Send a copy
of the federal extension with the Oregon return when
you file. Check the extension checkbox on your Oregon return and include a copy of the extension after all
other enclosures.
	 For an “Oregon only” extension: Answer question 1 on
federal extension Form 7004, write “For Oregon Only”
at the top of the form, and include it with your Oregon
return when you file. Check the extension checkbox
on the Oregon return.

1.	 Form OR-20, Oregon Corporation Excise Tax Return;
2.	 Schedule OR-AP, Apportionment of Income for Corporations and Partnerships;
3.	 Schedule OR-AF, Schedule of Affiliates;
4.	 Schedule OR-PI, Schedule of Partnership Information;
5.	 Schedule OR-ASC-CORP, Oregon Adjustments;
6.	 Form OR-37, Underpayment of Oregon Corporation
Estimated Tax;
7.	 Form OR-DRD, Dividends-Received Deduction;
8.	 Form OR-24, Like-Kind Exchanges/Involuntary
Conversions;
9.	 Schedule OR-FCG-20, Farm Liquidation Long-Term
Capital Gain Tax Adjustment;
10.	 Other Oregon statements;
11.	 Oregon credit forms including notice of credit
transfers;
12.	 Copy of federal tax return and schedules; and
Form 7004, Federal extension.

	 The Oregon extension due date is the 15th day of the
month following the federal extension’s due date. Don’t
send the extension before you file your Oregon return.
	 More time to file doesn’t mean more time to pay your
tax. To avoid penalty and interest, pay your tax due
online, or by mail with Form OR-20-V, by the original
due date of your return. Note: Filing Form OR-20-V
isn’t an extension of time to file your tax return.
	 If you’re making an extension payment by mail, send
the payment to: Oregon Department of Revenue, PO
Box 14950, Salem OR 97309-0950.
	 Include on your check:
°	 FEIN.
°	 “Extension.”
°	 Tax year beginning and ending dates.
°	 Contact phone.
•	Form OR-37 checkbox. If you have an underpayment
of estimated tax, you must include a completed Form
OR-37. Check the Form OR-37 box in the header of your
return.

Mailing Addresses
Tax-due returns, with or without payment, mail to:
Oregon Department of Revenue
PO Box 14790
Salem OR 97309-0470
(Do NOT include a payment voucher.)

	 Use Form OR-37 to:
°	 Calculate the amount of underpayment of estimated
tax;
°	 Compute the amount of interest you owe on the
underpayment; or
°	 Show you meet an exception to the payment of
interest.

Refunds or no tax-due returns, mail to:
Oregon Department of Revenue
PO Box 14777
Salem OR 97309-0960

•	REIT/RIC checkbox. If you participated in a REIT or
RIC, you must check the appropriate box in the header
area of the Oregon tax return.

Check or money order payments only, mail to:
Oregon Department of Revenue
PO Box 14950
Salem OR 97309-0950
(Include Form OR-20-V payment voucher.)
150-102-020-1 (Rev. 10-28-22) 	

•	Amended checkbox. Check the amended box if this is
an amended return.
9	

2022 Form OR-20 Instructions

•	Form OR-24 checkbox. Corporations may defer,
for Oregon tax purposes, all gains realized in the
exchange of like-kind property and involuntary conversions under IRC §1031 or §1033, even though the
replacement property is outside Oregon. Oregon will
tax the deferred gain when it’s included in federal taxable income.

the minimum tax, your minimum tax shall be apportioned as follows:
	 Annualize Oregon sales by multiplying actual Oregon
sales by 12 and dividing by the number of months in
the short period. Use the minimum tax table in Appendix B to determine minimum tax on annualized Oregon sales.

	 Include a copy of your Oregon Form OR-24, Like-Kind
Exchanges/Involuntary Conversions, 150-800-734, with
your Oregon return and check the Form OR-24 box if
all of the following apply:

	 Apportion the minimum tax determined above by
multiplying by the total number of months in the short
period and dividing it by 12.
•	Alternative apportionment checkbox. See Appendix
C for complete information. Check this box if you have
included a request with your return.

°	 The corporation reported deferred gain on a federal
Form 8824;
°	 All or part of the property exchanged or given up
was located in Oregon; and
°	 All or part of the acquired property was located outside of Oregon.

Name. Generally, a consolidated Oregon return is filed
in the name of the common parent corporation. If the
parent corporation isn’t doing business in Oregon, file
the return in the name of the member of the group having the greatest presence in Oregon. “Having the greatest presence” means that the member has the largest
Oregon property value as determined under ORS 314.655
(see Schedule OR-AP).

	 For a more detailed explanation, see ORS 314.650 and
314.665 and supporting administrative rules regarding
apportionment of deferred gain.
•	IC-DISC checkbox. Check this box if you are an ICDISC regardless of what date you were formed. See
“Special filing requirements” for more information.

•	Legal name. Enter the corporation’s current legal
name as set forth in the articles of incorporation or
other legal document.

•	Ag co-op checkbox. Check this box if your corporation
qualifies as an agricultural or horticultural cooperative and you’re determining Oregon sales for minimum tax purposes differently than the Oregon sales
reported on Schedule OR-AP, part 1. See “Special filing
requirements” for more information.

•	FEIN. Enter the FEIN of the corporation named as the
filer on the consolidated Oregon return.
•	DBA/ABN. If the corporation is doing business under
a different name, for example, DBA or ABN, enter that
name.
•	Current address. Always enter the corporation’s current address. If the address for the year you’re filing
has changed, don’t use the old address or our system
will revert your current address to the old address.

•	Federal Form 8886 checkbox and reportable transactions. If you’re required to report listed or reportable
transactions to the IRS on federal Form 8886, you must
check this box. We’ll assess penalties if you don’t comply with this requirement.

Questions

•	Global intangible low-taxed income (GILTI) included
on federal return. If you included GILTI on your federal
return, check this box.

Questions A–C. Complete only if this is your first return
or the answer changed during the tax year.
Question D. Refer to the current list of North American
Industry Classification System (NAICS) codes found
with your federal tax return instructions. Only enter the
code if this is your first return, the current code is dif­
ferent than you reported last year, or your code begins
with “111” or “112”.

•	Accounting period change checkbox. Check this box
only if both of the following apply:
°	 The excise tax return covers a period of less than 12
months; and
°	 The short-period return is due to a qualified change
in accounting period per IRC §§441 to 444.

Question E(1). Check this box if you filed a consolidated
federal return. Include a list of the corporations included
in the consolidated federal return.

	Note: A short-period return doesn’t automatically constitute a qualified change in accounting period. A taxpayer that isn’t in existence for the entire year shouldn’t
check this box. This includes subsidiaries that join or
leave a consolidated filing group, and newly formed or
dissolved corporations.

Question E(2). Check this box if you filed a consolidated
Oregon return. Complete Schedule OR-AF, Schedule of
Affiliates, and list only the corporations included in the
consolidated Oregon return that:

	 If you file a short-period return due to a qualified
change in accounting period and you’re subject to
150-102-020-1 (Rev. 10-28-22) 	

•	Are doing business in Oregon; or
•	Have income from Oregon sources.
10	

2022 Form OR-20 Instructions

Additions

Question E(3). Check this box if it applies. Include a
list of corporations included in the consolidated federal
return that aren’t included in this Oregon return. List
each corporation’s name and FEIN. Note: Include a copy
of your federal return and schedules as filed with the
IRS.

Line 2. Total additions from Schedule OR-ASC-CORP,
Section A. The amount by which any item of income is
greater under Oregon law than under federal law, or the
amount by which any allowable deduction is less under
Oregon law than under federal law, is an addition on
your Oregon return.

Question F. If the filing corporation (shown above as
legal name) is a subsidiary in an affiliated group, or a
subsidiary in a parent-subsidiary controlled group, enter
the name and FEIN of the parent corporation. For definition of a subsidiary in an affiliated group or a parent-subsidiary controlled group, see federal Form 1120,
Schedule K.

Use Schedule OR-ASC-CORP, Section A, to report the
amount and description code of each difference. Use the
description code from the list in Appendix A. The total
of all additions are entered on Form OR-20, line 2.
Additions include:
•	Bad debt reserve addition of a financial institution
to the extent that the federal amount exceeds the
amount that’s allowable for Oregon. The bad debt
method of financial institutions is tied to the federal
method. For taxpayers required to use the specific
write-off method, an addition must be made if the
amortization of the federal reserve is less than the
amortization of the Oregon reserve (ORS 317.310).

Question G. Enter the total number of corporations
doing business in Oregon that are included in this return.
Question L. Utility or telecommunications companies. Taxpayers primarily engaged in utilities or telecommunications may elect to apportion income using a
double-weighted sales factor formula (ORS 314.280 and
supporting administrative rules). Check the box if making this election.

•	Capital construction fund. Amounts deferred under
Section 607 of the Merchant Marine Act of 1936 and
IRC §7518 must be added back to federal taxable
income (ORS 317.319).

Question M. PL86-272 protected affiliate(s). Check this
box only if you or an affiliate included in this return
claim Oregon sales are protected from Oregon taxation
because of Public Law 86-272.

•	Charitable donations not allowed for Oregon. Donations to a charitable organization that has received a
disqualifying order from the Attorney General aren’t
deductible as charitable donations for Oregon tax purposes. Such organizations are required to provide a
disclosure to a donor to acknowledge this. The Attorney General will publish online and otherwise make
publicly available information identifying the charitable organizations receiving a disqualification order.
If you claimed a federal deduction, an addition must
be made on your Oregon return for donations to such
charitable organizations (ORS 317.491).

Question N. Total Oregon sales.
•	Apportioned returns. Enter the amount of Oregon
sales from Schedule OR-AP, line 22(a) and OAR
150-317-0540.
•	Nonapportioned returns. Enter the amount of sales
as defined by ORS 314.665. Generally, C corporations
doing business only within Oregon will calculate Oregon sales by adding:

•	Child Care Office contributions carryover. Any
deduction claimed on your federal return must be
added back to federal taxable income on your Oregon
return if you claim the Oregon credit (ORS 315.213).

°	 Gross receipts from sales of inventory (less returns
and allowances), equipment, and other assets;
°	 Gross rent and lease payments received; and
°	 Gross receipts from the performance of services.
	 Note: (This is a non-exclusive list.)

•	Claim of right income repayment adjustment when
credit’s claimed. The deduction under IRC §1341 on
the federal return must be added back to federal taxable income on your Oregon return if the Oregon credit’s claimed (ORS 317.388).

Generally, for purposes of determining minimum tax,
the calculation for Oregon sales includes gross business
income amounts from federal Form 1120, lines 1c and 5
through 10. Include positive numbers only.

•	CPAR addition. If you’re an owner of a partnership
that was subject to a partnership-level audit by the
IRS (or you’re an owner of a tiered partner of such a
partnership), you may have to increase or decrease
your Oregon income as a result of the audit. Report an
increase in income using addition code 187 or report a
decrease in income using subtraction code 384, whichever is applicable. Use these codes even if another

Line instructions
Line 1. Taxable income from U.S. corporation income
tax return. Enter the taxable income reported for federal
income tax purposes before net operating loss or special
deductions (federal Form 1120, line 28).
150-102-020-1 (Rev. 10-28-22) 	

11	

2022 Form OR-20 Instructions

code is assigned for the specific type of increased or
decreased income (ORS 314.733). Visit our website for
more information.

°	 The owner and the user aren’t included in the same
Oregon tax return; and
°	 The separation of ownership of the intangible asset
from the user of the intangible asset results in either:
evasion of tax or a computation of Oregon taxable
income that isn’t clearly reflective of Oregon business income.

•	Deferred gain recognized from out-of-state disposition of property acquired in an IRC §1031 or §1033
exchange. See ORS 317.327 regarding the computation
of the addition if gain or loss is recognized for federal
tax purposes but not taken into account in the computation of Oregon taxable income.

	 If the owner also files an Oregon return, the owner
of the intangible asset must report the corresponding royalty or other income as a negative addition on
Schedule OR-ASC-CORP, Section A (ORS 314.295 and
supporting administrative rules).

•	Depletion (percentage in excess of cost). Add the federal deduction that is in excess of the Oregon allowance for depletion (ORS 317.374).

•	Interest income excluded from the federal return.
Oregon gross income includes interest on all state and
municipal bonds excluded for federal tax purposes.
Reduce the addition by any interest incurred to carry
the obligations and by any expenses incurred in producing this interest income (ORS 317.309).

•	Depreciation differences. If your Oregon depreciation isn’t the same as your federal depreciation, the
difference is a required modification to your Oregon
return (ORS 317.301). Use Schedule OR-DEPR to determine the Oregon modification.
•	Gain or loss on the disposition of depreciable property. Add the difference in gain or loss on sale of business assets when your Oregon basis is less than your
federal basis (ORS 317.356 and OAR 150-317-0420).

•	Inventory costs. The costs allocable to inventory are
the same as those included in IRC §263A. Differences
in depreciation and depletion allocable to inventory
result in a modification [ORS 314.287(3)].

•	Global intangible low-taxed income (GILTI) under
IRC Section 250. You must add back any GILTI amount
not included in Line 1 of your Oregon return. Generally, the federal deduction is taken on line 29b of federal Form 1120 and doesn’t impact the Oregon return.
However, if any amount was omitted or deducted in
determining federal income carried to line 1 of your
Oregon return, it must be added back before a subtraction can be claimed. Report the Oregon addition (if
any) on Schedule OR-ASC-CORP using code number
186 (ORS 317.267).

•	IRC §139A federal subsidies for prescription drug
plans. For federal purposes, taxpayers can exclude
from taxable income certain federal subsidies for
prescription drug plans per IRC §139A. However, for
Oregon purposes, this federally excluded income is an
addition on the Oregon return (ORS 317.401).
•	IRC §631(a) treatment of timber isn’t recognized by
Oregon. Both beginning and ending inventories must
be adjusted for IRC §631(a) gain. For Oregon purposes,
there’s no taxable event until actual sale (ORS 317.362).
•	Losses of nonunitary corporations. Net losses of nonunitary corporations included in a consolidated federal
return must be eliminated from the Oregon return.
Net losses include the separate loss as determined
under Treasury Regulations adopted for IRC  §1502,
and deductions, additions, or items of income, expense,
gain, or loss for which the consolidated treatment is
prescribed. Include a schedule showing your computation of the total net loss eliminated [ORS 317.715(2)].

•	Income from sources outside the United States. Add
income from sources outside the United States, as
defined in IRC §862, not included in federal taxable
income under IRC §§861 to 864 (ORS 317.625).
•	Income of related FSC or DISC. Net income or loss
must be included in the net income of the related U.S.
affiliate if the related FSC or DISC doesn’t qualify for
ORS 317.283(2) treatment. (ORS 317.283 and 317.286).
•	Individual Development Account credit. Donations
deducted on the federal return must be added back to
federal taxable income if the Oregon credit’s claimed
[ORS 315.271(2)].

•	Losses of unitary insurance affiliates. If a unitary
insurance affiliate has a separate return filing requirement, they’re excluded from the consolidated Oregon
return. The insurance affiliate is treated as if it’s a nonunitary affiliate of its consolidated group and the loss
(if any) is an addition (ORS 317.715).

•	Intercompany transactions involving intangible
assets. The user of the intangible asset must add the
royalty or other expense for such use to federal taxable
income as an addition on the Oregon tax return if:

•	Net federal capital loss deduction. If the Oregon and
federal capital loss deductions are different, add the
federal capital loss back to federal taxable income. The
Oregon capital loss will be deducted after subtractions (and apportionment for corporations required to
apportion income) to arrive at Oregon taxable income
(ORS 317.013 and supporting administrative rules).

°	 An intangible asset is owned by one corporation or
business (the owner), and used by another (the user)
for a royalty or other fee;
°	 Both the owner and the user are “owned by the same
interests,” as defined in Treas. Reg. §1.469-4T(w);
150-102-020-1 (Rev. 10-28-22) 	

12	

2022 Form OR-20 Instructions

•	Opportunity Grant Fund (auction). Any federal deduction for contributions for which an Opportunity Grant
Fund tax credit certification is made must be added to
federal taxable income ORS 315.643).

•	Bad debt reserve addition of a financial institution
to the extent that the Oregon amount exceeds the
amount that’s allowed on the federal return. A subtraction is also made if the amortization of the federal
reserve is greater than the amortization of the Oregon
reserve (ORS 317.310).

•	Oregon excise tax and other state or foreign taxes
on or measured by net income. Oregon excise tax
may not be deducted on the Oregon return. Taxes of
other states or foreign governments on or measured
by net income or profits may not be deducted on the
Oregon return. If you subtracted these taxes on your
federal return, you must add them back on your Oregon return. However, the Oregon minimum tax and
local taxes, such as the Multnomah County Business
Income tax, are deductible, and aren’t required to be
added back (ORS 317.314).

•	Charitable contribution. Subtract the amount by
which a corporation must reduce its charitable contribution deduction under IRC §170(d)(2)(B) (ORS 317.307
and OAR 150-317-0350).
•	CPAR subtraction. If you’re an owner of a partnership that was subject to a partnership-level audit by
the IRS (or you’re an owner of a tiered partner of such
a partnership), you may have to increase or decrease
your Oregon income as a result of the audit. Report an
increase in income using addition code 187 or report a
decrease in income using subtraction code 384, whichever is applicable. Use these codes even if another
code is assigned for the specific type of increased or
decreased income (ORS 314.733). Visit our website for
more information.

•	Oregon production investment fund. Add back the
amount of contribution for which a tax credit certification is made that’s allowed as a deduction for federal
tax purposes (ORS 315.514).
•	REITs and RICs. A REIT or RIC meeting the federal
affiliate definition must be included in the consolidated Oregon return. This is an Oregon modification
(addition or subtraction) to federal taxable income. For
apportioning taxpayers, factors from the REIT or RIC
are included in the apportionment calculation of the
consolidated Oregon return (ORS 317.010 and supporting administrative rules).

•	Deferred gain recognized from out-of-state disposition of property acquired in an IRC §1031 or §1033
exchange. See ORS 317.327 regarding the computation of the subtraction if gain or loss is recognized for
federal tax purposes but not taken into account in the
computation of Oregon taxable income.

•	Safe harbor lease agreements. Oregon doesn’t tie
to the federal safe harbor lease provisions. See ORS
317.349 and supporting administrative rules for details
about the adjustments required for Oregon.

•	Depletion. Subtract the Oregon allowance for depletion that is in excess of the federal deduction for depletion (ORS 317.374).
•	Depreciation differences. If your Oregon depreciation isn’t the same as your federal depreciation, the
difference is a required modification to your Oregon
return (ORS 317.301). Use Schedule OR-DEPR to determine the Oregon modification.

•	University venture development fund contributions.
Add to federal taxable income the amount of contributions used to calculate the University Venture Fund
Contribution credit that were deducted from federal
taxable income (ORS 315.521).

•	Dividend deduction. A 70 percent deduction is
allowed for qualifying dividends regardless of geographic source. An 80 percent deduction is allowed for
dividends received from corporations whose stock is
owned 20 percent or more. Use Oregon Form OR-DRD
for computing the Oregon dividend deduction and
include it with your return (ORS 317.267).

•	Unused business credits. Unused business credits
taken as a federal deduction under IRC §196 must be
added back to federal taxable income (ORS 317.304).
Line 3. Income after additions (line 1 minus line 2).

Subtractions

•	Energy conservation payments. Any amount received
as a cash payment for energy conservation measures
is exempt from Oregon excise tax (ORS 469.631 to
469.687). Subtract any amount that’s included in federal taxable income (ORS 317.386).

Line 4. Total subtractions from Schedule OR-ASC-CORP,
Section B. The amount by which an item of income is less
under Oregon law than federal law, or the amount by
which an allowable deduc­tion is greater under Oregon
law than federal law, is a subtraction on your Oregon
return.

•	Federal credits. Subtract the amount of expense not
deducted on the federal return attributable to claiming
a federal credit (ORS 317.303).

Use Schedule OR-ASC-CORP, Section B, to report the
amount and description code of each difference. Use the
description code from the list in Appendix A. The total
of all subtractions are entered on Form OR-20, line 4.

•	Federal investment tax credit on certain assets. If you
take a federal tax credit on certain assets, and your
federal basis is less than your Oregon basis, you must

Subtractions include:
150-102-020-1 (Rev. 10-28-22) 	

13	

2022 Form OR-20 Instructions

recalculate the gain or loss on disposal of those assets
and subtract the difference (ORS 317.356).

•	IRC Section 245A foreign-source portion dividends.
Oregon allows a 100 percent subtraction of the foreignsource portion of dividends from certain foreign corporations under IRC Section 245A. The subtraction is
allowed only if the amount is included in federal taxable income reported on line 1 of your Oregon return.
Generally, the federal deduction amount is reported
on federal Form 1120, Schedule C, line 13. Report your
Oregon subtraction on Schedule OR-ASC-CORP using
code number 383. Don’t use Form OR-DRD for this
subtraction (ORS 317.267).

•	Film production labor rebate. Subtract the amount
received as a labor rebate that’s included in federal taxable income (ORS 317.394).
•	Foreign derived intangible income (FDII) under IRC
Section 250. Oregon is connected with the FDII deduction on your federal return. Generally, the federal deduction amount is reported on federal Form 8993, Part IV,
line 8. Report your Oregon subtraction on Schedule ORASC-CORP using code number 382. Don’t use Form
OR-DRD for this subtraction [SB 851 (2019)].

•	Land donation or bargain sale of land to educational institutions. Enter the fair market value of land
donated or the amount of the reduction in sales price of
land sold to a school district. The subtraction is limited
to 50 percent of Oregon taxable income (ORS 317.488).

•	Gain or loss on the sale of depreciable property. The
difference in gain or loss on the sale of business assets
when your Oregon basis is greater than your federal
basis (ORS 317.356).

•	Losses from outside the United States. Subtract losses
from sources outside the United States, as defined in
IRC §862, not included in federal taxable income under
IRC §§861 to 864 (ORS 317.625).

•	Global intangible low-taxed income (GILTI) under
IRC Section 250. Oregon allows an 80 percent subtraction of GILTI amounts under IRC Section 951A that are
included in your Oregon income. Report the Oregon
subtraction on Schedule OR-ASC-CORP using code
number 381. Don’t use Form OR-DRD for this subtraction (ORS 317.267).

•	Manufactured dwelling park tenant payments made
under ORS 90.505 to 90.840 to compensate a tenant for
costs incurred due to the closure of the park may be
subtracted (ORS 317.092).

•	IC-DISC commission payments. For tax years beginning on or after January 1, 2013, a deduction is allowed
for commission payments made to an IC-DISC if the
IC-DISC was formed on or before January 1, 2014
(ORS 317.283 and 317.635).

•	Marijuana business expenses. ORS 317.363 allows
Oregon taxpayers filing a corporate excise or income
tax return to deduct business expenses otherwise
barred by IRC §280E if the taxpayer is engaged in marijuana-related activities authorized by ORS 475C.005 to
475C.525, or ORS 475C.700 to 475C.919.

•	Income of nonunitary corporations. Net income of
nonunitary corporations included in a consolidated
federal return must be eliminated from the Oregon
return. Net income includes the separate taxable
income, as determined under Treasury Regulations
adopted for IRC §1502, and any deductions, additions,
or items of income, expense, gain, or loss for which
consolidated treatment is prescribed. Include a schedule showing computation of the total net income eliminated [ORS 317.715(2)].

•	Oregon Investment Advantage. To qualify, facilities
must be certified by the Oregon Business Development Department (dba Business Oregon). For more
information about the program or to get an application, visit ­ww