Oregon Code § 314.300·Enacted ·Last updated March 01, 2026
Statute Text
Passive activity loss; determination; treatment; rules.
For purposes of applying section
469 of the Internal Revenue Code to the laws of this state imposing taxes upon
or measured by income:
(1) Passive
activity loss shall be determined with respect to the activities of the
taxpayer under section 469 of the Internal Revenue Code and related federal law
and then shall be adjusted by the additions, subtractions, modifications and
other adjustments as allocated to passive activity loss under subsection (2) of
this section.
(2) Those
additions, subtractions, modifications and other adjustments required to be
made to federal taxable income under this chapter or ORS chapters 316, 317 and
318, or other law governing the imposition of state taxes imposed upon or
measured by income, shall be allocated to passive activity loss as provided by
rule of the Department of Revenue.
(3) Passive
activity loss, as determined under subsections (1) and (2) of this section,
shall not be allowed for the taxable year of the taxpayer. Passive activity
loss shall be treated as a deduction allocable to passive activity in the next
succeeding year, and except as otherwise adjusted under subsection (1) of this
section, shall be treated in the same manner as passive activity loss is
treated under section 469 of the Internal Revenue Code, and related sections.
(4) For state
personal income tax purposes, in the case of a nonresident, passive activity
loss attributable to Oregon sources shall be treated in the same manner as
described under subsections (1) to (3) of this section. [1987 c.293 §64; 1995
c.556 §23]