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ORS 317.705

Known as the Corporation Excise Tax Law

The act spans §§ 317–317 (261 sections).

Applied in 11 court decisions — leading case Maytag Corp. v. Department of Revenue (1993)

Most recently applied in Oracle Corp. and Subsidiaries II v. Dept. of Rev. (October 2021)

1984 c.1 §4; 1985 c.802 §30a; 1997 c.325 §45; 2007 c.323 §1; 2017 c.181 §1

How often courts cite this section

199320002010202120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in ORS 317.705 to 317.715:

(1) “Affiliated group” means an affiliated group of corporations as defined in section 1504 of the Internal Revenue Code.

(2) “Unitary group” means a corporation or group of corporations engaged in business activities that constitute a unitary business.

(3)(a) “Unitary business” means a business enterprise in which there exists directly or indirectly between the members or parts of the enterprise a sharing or exchange of value as demonstrated by:

(A) Centralized management or a common executive force;

(B) Centralized administrative services or functions resulting in economies of scale; or

(C) Flow of goods, capital resources or services demonstrating functional integration.

(b) “Unitary business” may include, but is not limited to, a business enterprise the activities of which:

(A) Are in the same general line of business (such as manufacturing, wholesaling or retailing); or

(B) Constitute steps in a vertically integrated process (such as the steps involved in the production of natural resources, which might include exploration, mining, refining and marketing).

(c) Whether two or more corporations that are included in the same consolidated federal return are engaged in a unitary business may be determined by making reference to any corporation that is owned or controlled directly or indirectly by the same interests.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.