Department of Revenue
Chapter 150
Division 314
INCOME TAXATION GENERALLY
GENERAL PROVISIONS
150-314-0390
Property Factor; In General
The property factor of the apportionment formula for each trade or business of the taxpayer includes all real and tangible personal property owned or rented and used during the tax period in the regular course of such trade or business. The term “real and tangible personal property” includes land, buildings, machinery, stocks of goods, equipment, and other real and tangible personal property but does not include coin or currency. Property used in connection with the production of nonapportionable income is excluded from the property factor. Property used both in the regular course of taxpayer’s trade or business and in the production of nonapportionable income is included in the factor only to the extent the property is used in the regular course of taxpayer’s trade or business. The method of determining that portion of the value to be included in the factor will depend upon the facts of each case. The property factor must reflect the average value of property includable in the factor. See OAR 150-314-0406.
Statutory/Other Authority: ORS 305.100
Statutes/Other Implemented: ORS 314.665
History:
REV 68-2017, amend filed 12/22/2017, effective 01/01/2018
Renumbered from 150-314.655(1)-(A), REV 35-2016, f. 8-12-16, cert. ef. 9-1-16
8-73
12-70