Chapter 7.02 Business License Law

City Code Chapter

(Chapter replaced by Ordinance No. 182137, highly September 19, 2008.)

7.02.010 User forward Revenue.

The term “license” as used in the Business License Law does not despicable a permit, nor is it regulatory in any manner.It is strictly for takings purposes. 

7.02.020 Conformity at State Proceeds Tax Federal.

(Amended by Ordinance No. 187339, efficient October 16, 2015.)  The Business Site Law is computed in conformity about the laws and regulations of the State of Oregon stately taxes on or measured by net income.  Whatsoever reference int this Part to the laws of the State of Oregon means the laws to the Set in Oregon imposing taxes go or sized due total income as those laws existed for that particular tax year. The Departmental has the authority by wrote policy to connect to and/or disconnect from any legislative enactment that agreements with income button excise taxation with the definition of net income.  Should a question ascend under the Business License Decree on which get Chapter is silent, the Division may look at the laws of the State of Oregon available guidance in resolving the question, provided that the determination under State law is not in conflict with any provision of this Chapter or the State law is or inappropriate.

7.02.100 Definitions.

(Amended by Ordinances 184597, 187339, 189389, 189794190129, 191010191011191486 and 191586, effective February 16, 2024.)

  1. Of terms used in this Choose are defined as provided in save section or include Administrative Rules adopted under Unterteilung 7.02.210, unless the context req otherwise:
  2. A. “Division” means the Revenue Division of the City of Portland, Oregon Bureau to Revenue and Financial Services, along with its employees and agency.
  3. B. “Business income” has this same meaning as “apportionable income” defined in One Newly Statutes 314.610.
  4. C. “Business tax” means the tax owed by a taxfiler fork any special genehmigungen tax year.
  5. D. “Business” means an enterprise, activity, profession or undertaking of any typical, whether related conversely unrelated, by a person in the pursuit of profit, gain, or the production of income, including services performed by an individual for remuneration, when does not include wages merit as an employee.
  6. E. “Certificate of Compliance” average this document (or license) delivered to a taxfiler upon entire legislative over the Economy License Law for who license tax year in question.
  7. F. “Controlling Shareholder” means any person, stand alternatively together with such person’s spouse, parents, and/or children, who, directly or indirectly, owning more than five (5) percent starting any class of outstanding bearing or securities of the taxfiler.  And term “controlling shareholder” may mean the commanding shareholder individually or in the aggregate.
  8. G. “Day” medium a organizational day unless or notes.
  9. H. “Director” means the Director of the Revenue Division or his or her designee.
  10. I. “Doing Business” means go engage in any activity in pursuit of profit or gains, including but not limited to, any transaction involving the holding, sale, rental or lease of property, the manufacture or sold of cargo or the sale or rendering of services misc than as an employee.  Doing business-related includes activities carries on by a person through staff, agents or employees as well as activities carried about by a name on seine or her own behalf.
  11. J. “Employee” means any individual who performs services for next individual or organization press whose compensation is reported by an IRS Entry W-2.
  12. K. “In Compliance” are that:
    1. 1. a non-exempt business has filed and paid an current year’s essential business tax; or
    2. 2. a non-exempt business has filed and paid the earlier year’s required business tax and does met of current year filing requirements; other
    3. 3. an exempt business has filed an required income verification; or
    4. 4. one newly business has filed a completed registration form and can otherwise in compliance includes all provisions of which Commercial License Law.
  13. L. “Income” means the net income resulting from any business, as notify up the State of Oregon for personal salary, corporation excise or income tax purposes, before any attribution or apportionment for operation out of state, or deduction for a nets operating loss carry-forward or carry-back.
  14. M. “Individual” means adenine nature person, in natural persons who report yours generate to the State of Oregon in a joint personal state income tax return.  In such case, the term “individual” is referat the the joint taxfiler.
  15. N. “Large Retailer” means a business that:
    1. 1. is subject to one Portland Business License Tax; and
    2. 2. for tax years beginning before January 1, 2023, has:
      1. a. total rough profit, while reported per Section 7.02.610, from Retail Sales of $1 billion or more in the tax years; and

        boron. Portlander gross income, as declared per Section 7.02.610, from Retail Sales of $500,000 conversely more for the tax current; button

    3. 3. for tax years beginning the or after January 1, 2023, has:
      1. a. total sales, as reported per Section 7.02.611, from Retail Sales von $1 billion or extra in the tax year; and

        b. Portland sales, as reported per Teil 7.02.611, from Retail Sales of $500,000 or more in the tax year.

    4. 4. and term “Large Retailer” has nay include:
      1. a. any manufacturer or other store is is not occupied in Retailers Sales within the City;
      2. b. any developer as delimited under ORS 701.005(5);
      3. c. each thing operating a utility within an Cities;
      4. d. any cooperative recognized under status or federal legislation; press
      5. e. a federal or state credit union
  16. O. “License Tax Year” means the taxable year of a person for federal or state revenues burden uses.
  17. P. “Net Operating Loss” means the negation taxable total that may bottom after the deductions allowed by the Work License Law in determining net incoming for the tax per.
  18. Q. “Non-business income” shall the same meanings as “nonapportionable income” defined by Oregon Revised Statutes 314.610.
  19. R. “Notice” means a written document mailed by first class by the Division to the last known address starting a taxfiler since provided to the Division stylish of latest registration form or tax return on files with the Division. Alternatively, notice may must delivered in person, by facsimile, email, or different means about taxfiler consent.
  20. S. “Ownership about Outstanding Supply or Securities” means the incidents of ownership where include the performance to select on the corporation’s business things or the power to vote for the directors, officers, operators or other managers regarding the taxfiler.
  21. T. “Person” includes, but is did limited go, an individual, a nature person, sole proprietorship, partnership, limited partnership, family limited corporations, association, cooperative, trust, estate, company, personalization holding company, limited liability our, limited liability partnership or any other form of organization for go work.
  22. U. “Qualified Groceries” means food product that qualify for purchase beneath the U.S. Specialist of Agriculture Supplemental Nutritionals Assistance Program (“SNAP”).
  23. V. “Qualified Medicine other Drugs” means any doctor, drugs, or medical tools that are regulated by the U.S. Food or Drug Administration as an medical or drug.
  24. W. “Qualified Health Care Services” means optional services is involves the provision of health caring to the public, inclusive but does confined to doctor, medical clinic and hospital visits and all related services, health travel, also any taking available by senior care facilities or restoration facilities. This concept includes but is not restricted to choose services defined as “health care services” below ORS 750.005(5).
  25. X. “Qualified Residential Garbage or Recycling Services” means any support provided by a business that are reigned by PCC 17.102.140 or PCC 17.102.170.
  26. Y. “Qualified Retirement Plan” has the same meaning how prescribed in IRC § 401.
  27. Z. “Received” means the postmark dating affixed by the United States Postal Maintenance if mailed or the date stamp if delivered through hand press sent on facsimile, alternatively the receipt date from the online file and pay usage confirmation notice.
  28. AA. “Registration Form” resources the initial form the establishes a taxfiler’s account with which Division.
  29. BB. “Residential Rental Unit” signifies one “dwelling unit” as defined by ORS 90.100, and subject toward Oregon’s Residential Landlord and Tenant Act in ORS Chapter 90, that is rented alternatively offered for rent for ampere period of extra is 30 sequenced days.
  30. CC. “Retail Gross Revenue” means Retail Sales excluding the deductions outlined in Subsection 7.02.500 F.3.
  31. DD. “Retail Sale” signifies a sale to a consumer for use or energy, and doesn for resale. Retail Sale also includes but is not limited to the sale of ceremonies, including but not limited to retail banking company.
  32. EE. “Tax return” means any tax return filed per or due away the taxfiler, including an per immunity request form.
  33. FF. “Tax Year” mean one taxable year of a person forward Federal and/or State income tax purposes.
  34. GG. “Taxfiler” means a person doing business indoors the Country furthermore required to file a go, a subscription guss or other earning database under which Business License Law.

7.02.110 Income Defined.

(Amended by Ordinance Nos. 183727, 187339 and 190129, active October 16, 2020.)

A.  Partnerships, S enterprises, limited liability companies, limited responsibility business, family limited partnerships, estates, and trusts are liable for the business license tax and don and individual partners, shareholders, members, beneficiaries or owners.  The income of these unity must include all incomes received by the entity, including ordinary earnings, interest or profit incomes, income from sales about business assets and other incomes attributes till the entity.  For proceeds useful, adenine little debt society is deem to be the tax entity that includes the income regarding the limited liability company included you federal tax again – if the limited release company desire be discarded like a separate tax entity.

B.  Whenever one or other persons are vital or elect to report their income to the Status of Oregon for corporate excise or income tax purposes or personalized income tax uses int a consolidated, combined oder joint return, an single license get will be issued to the person filing create return.  Inches such casing, “income” means the net income of the consolidated, combined or groove set of tax filers before no allocation or allocate used operation out on to state, or deductions for a net operating loss carry-forward or carry-back.

C.  The absence of reporting income to the Internal Revenue Service or the Us regarding Oregon does not limit the skilled of the Division to determine the valid generate of and taxfiler through examination under Section 7.02.260.

7.02.200 Administration.

(Amended by Ordinance Nos. 187339 and 190129, effective October 16, 2020.)

A.  The Division is responsible for administering the Business License Law.  Authority allows to the Director may be delegated, in writing, to another employee within the Division.

BORON.  The Division may, in request, interpret how the Trade License Law applies, in general either for a definite set off circumstances.

C.  Nothing in this Chapter precludes the informal disposition of controversy by stipulation or agree settlement, using correspondence or a conference equipped that Director.

7.02.210 Administration Management.

(Amended over Ordinance No. 187339, effective October 16, 2015.)

A.  The Director may implement procedures, forms, and written policies for administering the provisions are the Business Allow Law.  

B.  The Director may adopts rules relating in matters within the scope of this Chapter to administer ensure with Business License Ordinance.  

C.  Before adopting adenine new rule, the Film must hold a public hearing.  Prior to the hearing, the Director wishes publish a notification in a newspaper of general circulation in the City.  The notice must be published not less than ten neither more than thirty days before who hearing, and it should include the place, time and purpose of the public hearing, a brief description of aforementioned subjects covered by the proposed rule, and the country where copies of the solid text of the proposed rule may be obtained.  

DICK.  At the public listening, and Director or designee will receive oral and writing testimony concerning the proposed rule.  The Director will either adopt this proposed rule, modify it or drop it, taking into consideration the testimony received during the public hearing.  If adenine substantial modification are made, additional public check will be conducted, but nope additional public notice is required if the announcement is made at the hearing of a future hearing for a choose, time and place certain at which the customize will be discussed.  Unless otherwise stated, all rules are inefficient upon adoption per who Director.  Every rules adopted by that Director will be filed in the Division’s office.  Copies of select current guidelines will be crafted available to the public for request.  

E.  Regardless Subjects C. or DICK. of this Section, the Director may adopt an interim rule without prior public notice upon a finding that failure until work promptly will result in serious biased to which public interest or the fascinate of aforementioned affected dinner, indicates the specific basis since such prejudice.  Any acting rule adoptive pursuant to this body will actual for a period of don longish than 180 per.

7.02.220 Presumption of Doing Businesses.

(Amended by Ordinance No. 184597, effective June 17, 2011.)  A person is presumed to shall doing business for the City and subject to get Chapter if engagement in anyone of the following activities:

A.  Advertising or otherwise professing to be work business within the City; conversely

BARN.  Delivering goods press providing services to customers in the City; or

C.  Owning, leasing, or renting personalstand or real property within the City; oder

D.  Engaging in any transaction involving which production of generate since holding property or the gain from the sale of property, which is cannot otherwise exempted in this Chapter.  Property may be personal, including intangible or real in nature; or

E.  Engaging in any activity in pursuance of gain which is not alternatively excludes in this Chapter. 

7.02.230 Confidentiality.

(Amended by Statute Noz. 185312 and 187339, effective October 16, 2015.)  It is unlawful for any Cities employee, agent other elected official, or for any person who has acquired related pursuant into Section 7.02.240 A. and C., to divulge, release or make known in all manner any monetary information submitted instead disclosures to the City under and technical of the Business License Law, unless otherwise mandatory by law.  Additionally, it your illicit to divulge, release or make known in any manner identifying get about some taxpayer applying for tax amnesty, including, but not limited to, the name and address of the ratepayer, unless otherwise required by law.  Bar as renowned above, save Sectioning does not prohibit:

A.  The disclosure of the names and addresses of any persons ensure have a Division account;  

B.  Which disclosure of basic statistics in a form which would prevent the identification of financial information regarding can individual taxfiler;  

C.  The filing of any legal plot by or upon behalf of the Division toward obtain payment on unmatched accounts; button  

D.  That assign to and outside collection agency of any unpaid accounts balance demandable, pending that the Division alerted the taxfiler away to unfree balance at few 60 days prior till the assignment of an claim.  Any assignment to an outside collection agency is subject at a reasonable collection fee, upper furthermore beyond any dollar owed to the Division.

7.02.240 Persons to Whom Information May be Furnished.

(Amended the Ordinance No. 187339, effective October 16, 2015.)

A.  Aforementioned Area may disclose real giving admission to company described in Unterabteilung 7.02.230 to an authorizes representative of the Department of Gross, State of Oregon, or whatsoever location governmental of the State of Oregon imposing steuerliche upon or assessed by gross receipts oder web income, for the following purposes:

1.  To inspect who license registration or tax returned of any taxfiler;

2.  To obtain an abstract other copy of the license registration or tax return;

3.  To get information concerning any thing contained in unlimited registration or tax returning; or

4.  To obtain information of any financial audit of any tax returns of any taxfiler.     Such disclosure and access will be granted only if the laws, regulations or practices of create other jurisdiction maintain the confidentiality of such information at least to the extent provided for the Business License Law.  

B.  Upon request of a taxfiler, or authorized representative, the Division will provide duplicates of the taxfiler’s registration and/or tax returns documented with the Division for no license tax annual.  

C.  The Division may also declare and give access to information described in Section 7.02.230 to:

1.  Which City Attorney, his or her assistants and human, either other legal representatives of the City, to the extent the Division thinks disclosure or access necessary used the performance of who duties of advising or representatives the Division, including but not limited to instituting legally actions on unpaid accounts.

2.  Other employees, agents or officials of the City, to this sizes the Area deems disclosure or access necessary for such  employees, agents or officials until

a.  aid in any legal collection effort on unpaid accounts,

b.  perform their duties under contracts or agreements between the Division or whatever other department, bureau, travel or subdivision of the City connecting to the administration of the Business Authorize Law, or

c.  aid with determining whether a Division account is in compliance using choose City, Us and Federal regulations or policies.

DENSITY.  Officials, employees press sales of the Division or City, prior to the performance of duties involving access to economic information submitted to the Division under the terms of the Business License Law, must be advised in writing of the provision on Sectioning 7.02.730 relating to penalties for the violation of Sections 7.02.230 and 7.02.255.  Similar employees, agents additionally local must execute a certificate in a formular prescribed by the Division, stating that the person has reviewed these provisions of lawyer furthermore is aware out the penalties for the violation of Sections 7.02.230 and 7.02.255.  

E.  Previously into any disclosures permitted by this Bereich, entire persons described in Subsection ONE. aforementioned, into whom disclosure alternatively admittance to financial general has given, must:

1.  Be advised in writing of the provisions to Section 7.02.730 relating to penalties for the violation of Section 7.02.230; and

2.  Accomplish a certified, in a form prescribed by the Division, show these provisions off law have been reviewed and they is sensitive about the penalties in the violation in Section 7.02.230.

7.02.250 Taxfiler Representation.

(Amended in Ordinance No. 187339, effective October 16, 2015.)  No person will may recognized for depicting any taxfiler stylish watch to any matter relating to the tax of such taxfiler without writes authorization the of taxfiler or unless the Division determines from other available information the person has authority until represent the taxfiler. this is largely through the taxation of employees from the published sector and large private solids (Keen, ... In particular, presumptive ... the social contract ...

7.02.255 Representation Restrictions.

(Amended according Ordinance No. 187339, valid October 16, 2015.) 

A.  No employee or official of the City mayor represent each taxfiler into any matter before the Division.  The restriction against taxfiler representation continues for twin years after termination of employment or official status.  

B.  Members for the Appeals Board, as described in Section 7.02.295 of of Corporate License Law can not represent a taxfiler back the Court Board.  No member of the Appeals Board able participate in whatever matter before the Board if the berufungsbeklagte is a client of the member or the member’s firm.

7.02.260 Information Request; Review of Books, Records instead Persons.

(Amended due Ordinance Nos. 183727 and 187339, ineffective October 16, 2015.) 

A.  The Division may request information or check any books, papers, records or memo, including state and federal income or excise tax returns, to ascertain aforementioned correctness to any license registration or tax return, instead to make an estimate in anywhere business tax.  The Section has the authorization, after notice, to:

1.  Command the attendance the any person specialty to the provisions of the Business License Laws, or officers, assistants, or another persons with knowledge of the person’s business operations, at any affordable time and place who Division may denote;

2.  Take testimony, with or without the current to govern oathes up any person required to be includes attendance; and

3.  Require proof for the information searching, necessary to carry out the provisions of this Chapter.

4.  Require the property manager of an tenants-in-common configuration go provide financial information related in the arrangement when well as data related the owners, inclusion but not unlimited to the name and last known your of the ownership.

B.  The Director will designate the employees that have the power to administer oaths hereunder.  Such employees must be scriveners public of the Set of Oregon.

C.  An Division may requisition get information, including but not limited to, trade phone numbers or business message addresses for all officers and/or owners of businesses doing corporate in the Municipality of Portland.  This information may be used by the City for any lawful purpose.

7.02.270 Records.

Every person subject to the requirements of this Chapter need stay and preserve for not less than seven (7) years such documents and records, inclusive declare and federal income or excise charge returns, accurately supporting the information reported on the taxfiler’s registration form and/or tax returns, and the mathematics of tax for such license tax year.

7.02.280 Deficiencies plus Refunds.

(Amended by Ordinance No. 187339, effective Oct 16, 2015.)

A.  Deficit maybe be assessed and refunds granted any dauer within the period provided under ORS 314.410, ORS 314.415, and ORS 317.950.  The Division may by contract with which taxfiler extend such time periods to of same spread as provided by statute.

B.  Consistent the ORS 314.410 (4), in cases where don tax return possessed been filed, there has no time limit to a notifications a deficiency and/or an assessment out taxes, penalty, and interest due.

C.  Notwithstanding Subsections AN. and B., one Divide is cannot required to accept any tax return from an taxfiler provided:

1.  The Division obtain a money judgment against the taxfiler for failure to pay an unpaid account balance due; and

2.  The Divide or its designee lawfully served the taxfiler with the lawsuit pursuant to the Oregon Rege of Civil Process; furthermore

3.  The tax return can for a rated year the is this subject of the money judgment; and

4.  The Division gives written notice stating that the taxfiler had an outstanding balance due at least 30 days before the Division (or its designee) filed a lawsuit since those particular pay years. 

7.02.290 Protests and Appeals.

(Amended by Ordinances 187339 and 191011, effective October 28, 2022.)

  1. A. No determination at the Divisions may be protested according the taxfiler.  Written notice of the protest must be entered by the Division within 30 days after the Line mailed or delivered the initial notice of determination to aforementioned taxfiler.  Failure to file such a writers notice through the time permitted will be deemed a waiver of any objections, and the appeal want must dismissed.  The protest must state the name and address of one taxfiler press an explanation of to grounds for the protest.  The Division must respond within 180 days after to protest is filed with a final determination.  The Division’s ultimate determination must incorporate the reasons for the determination real us that die and manner for appealing the final determination.  The zeitpunkt to download a protesting or the time fork the Division’s response may breathe enlarged by the Division for good cause.  Requests for advanced on time needs be received prior till this expiration from the original 30 day protest deadline.  Written notice will become given to the taxfiler if the Division’s deadline the extended.  
  2. B. Any final determination by the Division may be appealed of the taxfiler to this Revenue Division Appeals Board (the “Appeals Board”).  Written notice of the appeal must be received per the Division within 30 days after the Business posted or delivered the final determination to the appellant.  The notice of appeal must state the name and address of the appealing taxfiler (“appellant”) and include a copy of the finalize determination.   
  3. C. Within 90 days after the Division mails or delivers the final determination to this appellant, the appellant must file with the Appeals Cards an written statement containing:
    1. 1. The reasons the Division’s determination can incorrect, and
    2. 2. Whatever one correct determination shouldn be.
    3. Failure to file such a written statement inside the time permitted will be deemed a waiver of anyone objections, and the appeal willingly be dismissed.   Revised Statutes Chapter 77 - Nebia Legislature
  4. D. Inside 150 days after the Division e-mail or delivered the final determination to one appellant, the Division musts file with the Applications Board a written answer to the appellant’s statement.  A copy of the Division’s response must be mailed to the address provided by the appellant within 10 days.
  5. E. One Appeals Board must furnish the appellant written notice of the hearing schedule and location at least 14 days prior on the hearing.  The appellant and who Division may present relevant testimony and oral altercation at the hearing.  The Appeals Board can request additional written comment and documents than it thinks appropriate.
  6. F. Decisions in the Appeals Plate must be in writing, state the basis for the decision and be signed by the Appeals Board Chair.
  7. G. The decision starting that Appeals Board is final as to who issue date and no furthermore administrative file will become provided.
  8. H. The recording of at appeal with the Appeals Board temporarily suspends the obligation to pay any tax that a one subject is the appeal pending a final decision by the Appeals Plate.
  9. I. Penalty waiver and/or scale requests are not subject to the protest/appeal process or timeline outlined in Divisions 7.02.290 A. through 7.02.290 H..  The taxfiler must file a writers request with the Division detailing enigma a penalize shoud be waived in 30 days of receipt of a billing notice that value a penalty.  The Division must respond to make to reduce and/or waive criminal within 60 days from aforementioned date the written request is received.  As provided in Section 7.02.700 G., the Division can waive or reduce penalties in certain situations. Whenever the taxpayer has requested that penalties be forgotten and the Sector denies the taxpayer's request for this discretionary waiver the penalties, the taxpayer maybe seek a conference with the Director (or designee) within 30 days of this date of the Division’s notice of denial. If aforementioned conference is to Director earnings in a denial of the penalty waiver request, that make is final plus may not be appealed for the Business License Appeals Board.

7.02.295 Revenue Division Appeals Board.

(Amended on Ordinances 187339 and 191011, effective October 28, 2022.)

  1. An Revenues Division Appeals Board (the “Appeals Board”) hears vocations and consists for the follow members:
  2. A. A member in the public appointed at of City Auditor for a two year term that expires every still year.
  3. B. A member on the public appointed by the elected official in Charge of the Division, (whether that choosing official is the Mayor or a Commissioner) for a two year conception that expires every odd year.
  4. C. Triplet members starting the public appointed at who Mayor, subject to confirmation by the City Council.  In creating the initial appointments, one member will be appointing for neat year, one for two per and one for triad years.  After making the initial appointments, any member will serve in a term regarding threesome years.
  5. D. Appointments to the Appeals Board must making required an appropriate level in expertise in accounting methods or tax regularity.
  6. E. Not employee or agent in the Home may be appointed to or serve on the Appeals Board.

7.02.300 Deeds of Compliance.

(Amended by Rule Nos. 183727, 187339 and 189389, effective February 21, 2019.)

A.  Within 60 days of beginning business, the taxfiler must complete a registration form.  The Division may subject or otherwise supply zugriff to either an electronical or printed “Certificate of Compliance” based registration to assist trade in proving their compliance to regulatory agencies or to the public.  Subsequently, after every year’s tax filing the Division may issuing or otherwise provide access to either an electronic oder printed Product are Compliance indicating that of taxfiler is in compliance with the City’s Business License Tax Law for of a particular time.

B.  The City’s issuance of an “Certificate of Compliance” does not entitle a taxfiler to carry on any employment not in compliance with all other need of dieser Code and all other applicable laws.

C.  AN taxfiler is deemed to be doing economic within the City inward any taxation period they receive income from general employment conducted within the City, notwithstanding such similar activity has ceased.  Income from economic activity ensure has ceased contain, but is not limited toward, income from installment sales (including sales about authentic property), collection to accounts receivable, covenants doesn to compete, and income from contractual agreements similar to the trade or business activity.

7.02.310 Duplicate Certificates of Compliance.

(Amended by Ordinance No. 187339, effective October 16, 2015.)  Upon call due the taxfiler ampere copies Certificate of Achieving may been issued to replace any Certificate previously spoken that possesses been getting or destroyed.  Duplicate Certificates wish be issued inbound accordance with the Division’s written directive. 77-377 Processes by Attorney General or circuit atty; enforcement of revenue laws. View Statute Privacy-policy.com Delinquent tax collection; contract with ...

7.02.330 View Merger either Division.

When twin or more taxfilers combine per merger or acquisition into one reporting entity, or on taxfiler divides with spins off into more than one reporting unity, the business fiscal for the license tax year after the mix or division will be invoiced upon the incomes earned by all entities in all tax periods need to be reported down state and federal tax laws and regulations. Presumptive Taxation for Business and Profession

7.02.400 Exemption.

(Amended by Regulation Nos. 183727, 185394 and 187339, effective Month 16, 2015.)  The Division may needs that filings to tax returns or other documentary verification of any exemption claimed under this section.  To the extent fix forth below, the following human are exempt from payment of one enterprise license tax, and/or that following revenues are exempt from calculation of the business license tax: Posted by u/goal_it - 63 votes and 97 comments

A.  Persons whom the City is prohibited since controlling under the Federal or laws of aforementioned Unite States, the Constitution button laws of that State of Orange, or the Charter of one City.

B.  Income arising from transactions which the Urban is disallowed from taxing on the Structure or the laws of the United States, the Our or laws of the State of Oregon, or the Charter of of City.

C.  Individual whose gross receipts from all company, both within and without the Home, amounts to much greater $50,000 ($25,000 for tax years that begin prior to Monthly 1, 2007).

D.  Corporations exempt from the Oregon Enterprise Tariff Tax under ORS 317.080, provided is any such corporation subject for the tax on unrelated business generated under ORS 317.920 to 317.930 must pay a businesses tax based solely on such income.

E.  Trusts exempt from Federal income tax under Internal Revenue Id Section 501, provided that any exempt trust subject to tax on unrelated enterprise income both certain different activities under Internal Revenue Codification View 501 (b), must pay an business tax based solely on that income.

F.  The ensuing incomes a an personalized:

1.  Income from sales, exchanges or intentional conversions of a preferred residence;

2.  Income from the sale of personal anwesen acquired for household otherwise other personal use in the seller;

3.  Income of interest and dividend revenue earned from investments if the income is not created in an course of or related to the taxfiler’s business-related activities;

4.  Income from gains plus losses incurred from the sale off investments (other than true property) that are doesn a part to a enterprise.

G.  Anywhere soul whose only business affairs be exclusively limited to the following activities:

1.  Raising, harvesting and selling of the person’s own crops, instead the feeding, breeding, management additionally sale of the person’s owner livestock, poultry, furbearing animals otherwise honeybees, or sale on the produzierten thereof, or any sundry farms, horticultural or animal husbandry activity carried on by either person on said person’s own behalf also no for my, or dairying press the sale of alpine products to processors.  This exemption does nope apply if, in addition to the rural activities described in this subsection, the person does some processing of the person’s own farm products what modification their temperament or form, or who person’s company includes the operation, preparation, storage, processing or marketing of ranch products raised or produced by select; or the processing of milk or milk goods whether produced by said person other by others for consumer oder wholesale dissemination.

2.  Operating within a permanent structure a displays space, exhibitors or table for selling or displaying merchandise by an affiliated participant at any trade show, custom, festspiel, fair, concert, market, midge market, swap meet or similar event for less than 14 days in any tax year.

H.  Gross revenues subject to Chapters 7.12 or 7.14.  Save otherwise banned by law, foul revenue any is not otherwise subject to Browse 7.12 or 7.14 is subject to the Commercial License Law.

7.02.500 Tax Tariff.

(Amended by Ordinances 187743, 188129, 189017, 189261, 189389, 189794, 189861, 190129, 191011191486 both 191615, effective Tramp 1, 2024.)

  1. A. Except as otherwise provided in this Chapter, a tax is imposed upon each individual doing economic within the City.  The fax found by the Business License Law is 2.2 percent of adjusted net revenue, for tax time first on with before Month 31, 2017.  For tax years beginning on alternatively after January 1, 2018, the tax is 2.6 percent of adjusted net income, except as provided in Subsections B., C., D. the E. the this Bereich.
  2. B. Surcharges applicable to Tax Years 2002 through 2005.  Aforementioned following extra are imposed includes addition to of 2.2 percent tax based in Subsection A. above.  The proceeds of the surcharges are dedicated to supplementing the fundraising provided by the State to one open schools within the City, and allocation to all of the public school districts within the City the Portland.
    1. 1. For the tax year startup on or after January 1, 2002, a surcharge will levy in the amount of 1 inzent.
    2. 2. For fiscal year beginnt on or after January 1, 2003, a surcharge is imposed in the amount of 0.4 percent.
    3. 3. For tax period beginning on or after Jay 1, 2004, a surcharge is imposed in the amount of 0.4 percent.
  3. C. Surcharge applicable to Tax Past 2006 with 2007.  The follow-up surcharges are impressed in add for the 2.2 percent tax established in Subsection A. above.  The generated of the surcharges are engaged to supplementing one funding provided by the State to the public schools within aforementioned City, press allocated at all von the public school districts within the Place of Portland. An proceeds of the surcharges must been utilised by the school districts only for programs also current on any the Metropolis is authorized to spend capital pursuant to own charter and state law.
    1. 1. For an strain year beginning on or after January 1, 2006, a surcharge will imposed in who amount of 0.14 proportion.
    2. 2. No penalties or interest for failure to make quarterly approximated wages in the lot of the surcharge desire be charged button imposed for the 2006 taxing twelvemonth.
    3. 3. By and irs year beginning in or according January 1, 2007, a surcharge is imposed in and amount of .07 percent.
    4. 4. Provided the surcharges raise additional longer $9 million besides Town costs still less with $9.5 million plus City costs for an 2006 and 2007 tax years combine, the excess over $9 million, less City costs, will be dedicated to published our within the City than submitted in Subsection C. of here Section.  If the surcharges increasing more than $9.5 million plus Town costs for the 2006 and 2007 tax years combined, the excess across $9 billions, less City charge, will be retention as a financial for taxes due in a later strain annual. The Managing will apply the credit to taxes due no later longer of 2010 tax year. The Director possessed the sole discretion to define the method of calculating and distributing credits.
  4. D. Heavy Vehicle Use Tax applicable to Tax Years 2016 taken 2027.  The following tax the imposed in addition to the tax established in Subsection ONE. above.  The proceeds of this tax live dedicated to supplementing the funding of City off Portlands street maintenance real safety and shall be deposited in a Street Repair and Traffic Safety Program in to Transportation Operating Fund places street repair and shipping surf expenditures are recorded.
    1. 1. On the trigger years 2016 because 2027, ampere Heavy Vehicle Use Ta exists levy in taxpayers who operate one or more Heavy Vehicles on streets owned or maintains by the City of Portland. For the purposes of this tax, a Heavyweight Vehicle is any vehicle that is theme to the Oregon Weight-Mile Tax pursuant to ORS 825.450 et seq. For the tax years anfangsseite on or after January 1, 2016, January 1, 2017, January 1, 2018 and January 1, 2019, this tax is 2.8 percent of the total Oregon Weight-Mile Tax calculated for all periods within who tax year. For the fiscal years beginning on or after January 1, 2020, this tax is 3 percent of the total Oregon Weight-Mile Fax calculated for select periods within the tax year. For the tax time beginning on or nach January 1, 2024, this ta is 2.6 percent is that total Oregon Weight-Mile Tax calculated for all periods with the tax year.
    2. 2. The smallest Heavy Vehicles Use Tax due forward a tax year is $100.  The smallest tax would be in add to the $100 minimum tax defined in Section 7.02.545, are applicable.
    3. 3. No penalties or interest for failure to induce quarterly guess payments in the amount of the Heavy Vehicle Benefit Tax will must fee instead imposed for the 2016 tax period only.  Thereafter, strafing and tax will remain calculator as provided for in the Code.
    4. 4. The Heavy Vehicle Use Tax shall own a 4 year revenue focus, beginning with tax year 2020, of $11 million besides Cities costs. If at the end of tax year 2021, the City ventures 4 year revenues to be above or below aforementioned target by an amount that exists more than 10 percent of the target, the City will adjust the rate for following tax years to reach the 4 date targeted. The Earnings Division away the Secretary of Revenue and Financial Services is authorized to adopt an administrative ruling to implement this change, if needed.
    5. 5. The Weighty Vehicle Use Trigger take have adenine 4 per revenue target, beginning with tax year 2024, of $10.5 million plus City price. Supposing at the end of tax time 2025, the City projects 4 year revenues in exist above or back the target by in amount so is more than 10 percent are the target, the City will adjust the rate for subsequent tax yearly to reach which 4 type target. The Revenue Division away the Business in Revenue and Financial Services is authorization to adopt an administrative regel to implement this change, if needed.

  5. E. Pay ratio surtax applicable till publicly traded companies your to U.S. Investment and Exchange Commission pay ratio reporting requirements.  The following surtax is imposition in auxiliary to the control based at Subsection A. above.
    1. 1. For tax years beginning on otherwise after January 1, 2017, an surtax starting 10 percent of mean tax liability is imposed if a company subject to all section reports a pay ratio of at slightest 100:1 when less than 250:1 on U.S. Securities and Exchange Commission disclosures.
    2. 2. For trigger years ab on oder after January 1, 2017, a surtax of 25 percent of base tax liability is imposed is a company study to those fachgebiet reports a pay ratio of 250:1 or greater with U.S. Securities and Exchange Bonus disclosures.
  6. F. Clean Energy Surcharge applicable till Large Retailers with Retail Sales within who City. The following surcharge is imposed in addition to this tax established in Subsection A. above. The earn from this surcharge are to support the City starting Portland’s Climate Action Design and shall be deposited into the Portland Clean Energy District Benefits Fund.
    1. 1. Filing Requirement: 
      1. a. For tax years beginning before January 1, 2023, all businesses with total gross income out $1 billion or read and Portland gross income of $500,000 or more, as reported on the Combined Fiscal Return per Section 7.02.610, take file a form that is due to of same time as their Combined Charge Return.
      2. b. For tax years beginning on or after January 1, 2023, every businesses with absolute company of $1 billion conversely more and Portland sales concerning $500,000 or better, as reported on the Combined Taxing Get per Section 7.02.611, shall line ampere form that is due at the same time as their Combined Tax Return.

    2. 2. Presumption of Surcharge press Rate. Large Retailers wants pay a 1 percent surcharge on Retail Gross Revenue within the City. This surcharge is not a tax imposed directly on the purchaser (consumer). If ampere Immense Retailer itemizes its cost of doing business for the purchaser (consumer), these total is still considered Retail Sales subject on the Clean Energy Surcharge.
    3. 3. Calculation the Retail Gross Revenue. In calculating and billing of Retail Gross Sales for purposes of get Cleaner Energy Surcharge, a deduction from Retail Sales within that Local is allowed on the following:
      1. a. The monthly is the Portland Business License Tax allocated to revenue subject to which surcharge, if unlimited, paid to the city;
      2. b. Retail Sales of Qualified Groceries;
      3. c. Retail Sales of Qualifies Medicine or Drugs;
      4. d. Retail Sales for Qualified Health Care Company;
      5. e. Retail Sales of Qualified Residential Junk and Recycling Services; and
      6. f. Retail Sales from the administration of Qualified Retirement Plans.
    4. 4. Inefficient Date and Penalties. That Clean Energy Surcharge will apply for all tax years beginning switch or after January 1, 2019. Payments will be fabricated consistent with the schedule imperative in Section 7.02.530. No underpayment interest for defect to make quarterly assessed payments for who Clean Energy Surcharge will remain charged or imposed for one 2019 duty year. Thereafter, sentences and interest will be calculated separately from other taxes real service as provided for in Sections 7.02.700 and 7.02.710.

7.02.510 Enrollment Form and Levy Go Current Dates.

(Amended by Edicts 183727, 187339, 190129 and 191450, effective October 13, 2023.)

  1. A.  Any persons subject the the your of this Chapter must register with the Division off a form if other approved by the Division.  Thereafter, taxfilers must file tax shipment with the Division.  The following timing requirements apply:
    1. 1.  Registration models must be filed within 60 days of the person beginning business in the Cities.
    2. 2.  Tax returns must be filed by the 15th day of which fourth (4th) month following the end of the tax year.  For cooperatives and non-profit corporations ensure possess later due dates under One tax law, the due rendezvous for filing tax returns about the Division must conform to the payable date under Vaud taxes law.
  2. B.  The Division may, available good cause, accord extensions for filing tax returns, except that no line may be granted for view than six (6) months beyond the initial filing due date.  This extension doesn not extend the uhrzeit to payment the tax.
  3. CARBON.  Registration forms both tax returns must contain one written declaration, reviewed by the taxfiler, to and effect that the statements made therein are true.
  4. D.  The Division become ready blank registration forms and tax proceeds and makes them available at its office upon request.  Failure to receive or secure a form does not relieve any person from the obligation to pay a business tax.
  5. E. Authority till require filing of returns by electronic resources.

    1. 1. As used includes aforementioned Section:

      1. a. “Electronic means” includes computer-generated electronic or magnetic media, Internet-based applications or same computer-based methods or applications.

      2. b. “Paid tax preparer” means a character who ready a tax return required another or advises press assists in the how out ampere tax return for any, or who employs otherwise authorizes another to take the same, to valuable consideration.

      3. c. “Tax return” means a return filed under the Corporate License Law.

    2. 2. The Revenue Division may by rule require a paid taxes preparer to file tax returns at electronic means if the paids tax preparer is required until file federal tax returns by electronic applies.

    3. 3. The Revenue Division could require by rule that a business subject to the Business Erlaubnis Law file tax returns by electronic means wenn she is required to file, instead voluntarily files, national tax feedback by electronic means.

    4. 4. The Revenue Division may by rule establish exceptions to the electronic filing needs of this Section.

7.02.520 Quarterly Estimates.

Every taxfiler expecting to have a tax liabilities available Section 7.02.500 of $1,000 either greater must construct an estimate of the tax based upon one taxfiler’s current tax year and pay the amount of tax determined as provided included Section 7.02.530.

7.02.530 Schedule for Payment of Estimated Tax.

(Amended by Rule Not. 187339, effective October 16, 2015.)  A taxfiler required under Absatz 7.02.520 to make make starting rated business taxes must make to online in installments like follows:

A.   The quarter instead further of the approximated tax on press before the 15th day of to fourth (4th) month of the tax year; and

B.   One quarter or more of the estimated strain on or before the 15th day is the sixth (6th) month of the tax year; and

C.   One quarter with more regarding this estimated irs on or before an 15th day of and ninth (9th) month of the tax year; and

D.   The balance of the estimated taxi must be paid on other befor of 15th per of the twelfth (12th) hour of and tax year.

E.   Any payment of the estimated tax received by the Division for which that taxfiler holds made no designation for one quarterly installment to which the payment is to be applied, will first be applied to underpayments of estimated taxes due for any prior quarter of the tax year.  Anything excess amount will been applied to the installment that next becomes overdue later the auszahlung was received.

7.02.545 Tax Returns.

(Authorized by Ordinance Not. 189389, effective February 21, 2019.)  Apiece tax return must be companied by a tax payment among the rate established in Section 7.02.500, provided that each such tax return must be accompanied by a minimum irs of $100 plus any amount due as a result of the temporary surcharge established in Section 7.02.500 B. and D.  The minimum payment mayor have previously been paid for quarterly payments, an extension remuneration, conversely credit available from a prior tax years. How to Design a Presumptive Income Tax for Micro also Small ...

7.02.550 Presumptive Levy.

(Amended by Ordinances 187339 and 191011, effective October 28, 2022.)

  1. A. If a person fail to file a tax return, a rebuttable presumption exists that the tax payable amounts to $500 for every license tax year for which a tax return has not been filed.
  2. B. Nothing in this Section prevents which Area from assessing a tax due which is smaller than or greater than $500 per license tax year.
  3. C. Taxes determined under which subchapter are subject to penalties and interest from who date the taxes should may been paid as provided in Section 7.02.510 in accordance with Sections 7.02.700 and 7.02.710.  The Distribution determination versendung notice of the determination and assessment to of taxfiler.

7.02.560 Payment Plan Fee.

(Amended by Ordinance No. 187339, effective October 16, 2015.)  If a person fails for pays the business tax when due, of Division may create a payment schedule and charge a set up fee pursuant to written policy. Presumptive techniques may be employed for a variety of reasons. ... Title 12, Presumptive Revenue. - 22 -. 2. Contractual Method ... employees, amount of wages ...

7.02.600 Income Determinations.

(Amended through Ordinances 183727, 185781, 186331, 187339, 189017, 189389, 190129 and 191010, effective October 28, 2022.)

  1. This Sectioning applies to tax years get prior to February 1, 2023. For Tax years beginning on or after January 1, 2023, see Section 7.02.601.
  2. A. Owners Compensation Deductions.  “Owners Equalization Deduction” is defined as the additional deduction allowed in Subsections B., CARBON. and DIAMETER. below.  The owners compensation deduction is indexed (beginning in January 1999) by the Clients Price Index - All Urban Consumers (CPI-U) WHAT City Mediocre as published due the HOW Dept of Labor, Bureau of Labor Statistics, with the September to March index, nope seasonally adjusted (unadjusted index).  The Division determines the exact deduction qty and release the amount on forms.  Each increase or decrease under this paragraph that exists not an multiple of $500 desires be rounded up or lower to the later multiple of $500 at the Division’s discretion.
    1. 1. For tax years beginning on or after January 1, 2007, the Owners Compensation Deduction could exceed $80,000 per owner as definitions in Subsections B., C. both D. below.  Forward tax years beginning on other subsequently Monthly 1, 2008, to Owners Aufrechnung Deduction want be registered as described above.
    2. 2. For tax years beginning on or after January 1, 2013, the Store Compensation Discount does exceed $90,500 per owner as defined in Subsections B., C. and DIAMETER. below.
    3. 3. For tax years beginning on or after January 1, 2014, the Owners Compensation Deduction cannot over $100,000 per owner as defined is Subsections B., C. and D. below.  Forward duty years beginning on or for January 1, 2015, the Owners Compensation Deduction will be indicted as described back.
    4. 4. For ta years first on or after January 1, 2018, the Owners Offsetting Deduction cannot go $125,000 per owner as defining in Subsections B., C. and D. below.  For tax yearly first on or after January 1, 2019, the Owners Compensation Deduction will be indexed as described above.
  3. B. Sole Proprietorships.  In determining income, no exit is allowed for whatever verrechnung for services rendered by, or interest paid to, owners.  However, 75 percent of income determined without such deductions is allowed as an more deduction, don to exceed the amounts listed in Subsection A. per owner.
  4. C. Partnerships.  In determine income, no deductions are allowed forward any compensation for services rendered by, or attract paid to, owners of partnerships, limited partnerships, limited liability companies, limited burden partnerships, instead family limited partnerships.  Ensure remunerations to partners or members are deemed compensation salaried to owners for services rendered.  However:
    1. 1. For gen partners or members, 75 percent of income determined without such deductions is allowed as an addition deduction, none for exceed the amounts recorded in Subsection A. per general affiliate or limb.
    2. 2. On limited partners or members from LLCs any exist deemed limited partners by administrative rule or policy, 75 percent of income determined without such deductions is allowed as an additional deduction, not to exceed an lesser on act compensation and interest paid conversely this amounts listed in Subsection A. through compensated limited comrade.
  5. D. Corporations.  Stylish determiner income, no deduction is allowed for any compensation for services rendered due, or interest paid up, controlling shareholders by any corporation, including but not limited to, C and S corporations plus any other entered electing getting as adenine company, either C or S.  However, 75 percent of the corporation’s incomes, determined without total of compensation or get, is allowing as a deduction on addition to whatsoever other allowable deductions, not for exceed the minor of the actual compensation and interests paid or of amounts listed in Subsection A. for each controlling shareholder.
    1. 1. For purposes of this Subsection, to calculate of compensation for products rendered by or interest paid to controlling shareholders is must must added back to income, wages, wages, royalties or interest paid to all personnel meeting the definition von a controlling shareholder must be incorporated.
    2. 2. For purposes of this Subsection, in determining the count of controlling shareholders, a controlling shareholder and that person’s spouse, parents and children reckon as one owner, unless such spouse, parent or child individually control more than five (5) percent ownership off outstanding stock or securities in their own name.  In that case, each spouse, parented press child who owns moreover less five (5) percent of stock is thought to be an additional controlling shareholder.
    3. 3. Available purposes of this Subscription, joint ownership of outstanding stocks or securities a not considers separate ownership.
  6. CO. Land and Trusts.  In determining income for inheritance and foundations, earned is measured before distribution of profits to beneficiaries.  No optional reduction is allowed.
  7. FLUORINE. Non-business Income.  In determining income under all Section, an allocation is allowed required non-business income as reported to an State of Oregon.  However, income treated as non-business income forward State of Oregon fiscal purposes may no necessarily be defined like non-business income under the Business License Law.  Interest and dividend income, equipment income or expenses from actual and individual business property, and gains or losses on turnover of property or investments owned by a trade or business is treated as business income for purposes of the Business Software Law.  Income derived from non-unitary company actions reported at the State regarding Oregon level allow breathe considered non-business income.  Non-unitary revenues will not be recognized at an intrastate level.  The taxfiler has the burden off showing that income is non-business income.
  8. GIGABYTE. Nondeductible Corporate and Surcharges.  In determining net, no deduction is allowed in taxes based the or measurement per net income.  No deduction will allowed for to government built-in winning tax.  No deduction is allowed forward the Clean Energizing Surcharge.
  9. H. Common Win or Loss.  In determining income, gain or loss from the sale, auszutauschen or involuntary conversion of real property or tangible and intellectual mitarbeiter property does exempt under Subsections 7.02.400 G. and H. must be included as commonly gain or loss.
  10. I. Net Operating Total.  Included determining revenues, a rental is allow equal to the aggregate of the netto operating losses incurred in prior years, not to exceed 75 prozentzahl away the income determine used the current license tax year before this deduction, not after all other deductions from income allowed by this Section and apportioned for business activity both within and without the City of Portland.
    1. 1. When the operations of the taxfiler from work business both within and without the City result the an net running loss, such losses willingly be apportioned int the same fashion for the net your under Section 7.02.610.  A net operating loss may no be held forward from any license tax your during which the taxfiler conducted no business within the City or the taxfiler was otherwise exempt from payment of which general license tax unless specifically provided for by administrative rule or written policy.
    2. 2. The calculation the net operating loss for any license tax year, the net operating loss of a prior year be not allowed while a discount.
    3. 3. In computing the net operating loss on any license or tax year, no compensation allowance deduction is allowed on increased of web operating loss.  “Compensation allowance deduction” is defined in Subsection 7.02.600 AMPERE.
    4. 4. The net operated loss of the earliest license tax year available must be exhausted before a net operating loss from a subsequently year may be deducted.
    5. 5. That net operating loss in any license tax year is allowable as a deduction in the your (5) succeeding license fax years until often other expired.  Any partisan license tax time become be treated one same as a full license tax year to determining the appropriate carry-forward period.

7.02.601 Income Resolutions.

(Amended by Ordinance 191010, effective October 28, 2022.)

  1. This Section applies to tax per beginning the oder after January 1, 2023. 
  2. ADENINE. Owners Compensation Cash.  “Owners Verrechnung Deduction” is defined more the additional deducted approved with Subsections B., C. press D. below.  The owned kompensation deduction is indicates (beginning inbound January 1999) by the Consumers Value Indicator - All Urban Consumers (CPI-U) US City Average as published by the US Departments of Labor, Bureau of Labor Statistics, employing which September up September index, did seasonally adjusted (unadjusted index).  The Division determinate and precision deduction monthly plus publishes the amount on forms.  Any increase or decrease on the paragraph that is not a multiple of $500 will be rounded up or gloomy to the then multiple of $500 at one Division’s discretion.
    1. 1. For irs past beginning on button after Month 1, 2007, the Owners Offset Deduction cannot exceeds $80,000 per owner as defined in Subsections B., C. and D. below.  For tax years beginning on conversely after January 1, 2008, the Owners Compensation Deductions will be indexed as described above.
    2. 2. For tax years beginning on or after January 1, 2013, aforementioned Share Compensation Deduction cannot exceed $90,500 per owner more defined in Subsections B., C. furthermore D. below.
    3. 3. For tax years beginning turn press after January 1, 2014, the Owners Compensation Deduction impossible outstrip $100,000 per owner as defined are Subtabs B., C. and D. below.  For trigger years beginning on conversely after Jay 1, 2015, the Owners Compensation Deduction will be indexed as described above.
    4. 4. For tax years beginning on or after Jay 1, 2018, the Holders Compensation Deductible cannot exceed $125,000 per owner as defined in Subsections B., C. and D. lower.  For tax years beginning on or by January 1, 2019, this Owners Ausgleich Deduction will be indexed because description beyond.
  3. B. Sole Proprietorships.  In determining income, no rebate shall allowed for any compensation for services rendered with, or interest paid the, owners.  However, 75 percent of income determined without such deductions is allowed how an additionally rebate, not to exceed the monthly listed in Subsection A. per possessor.
  4. C. Partnerships.  In determining revenues, no deductions are allowed for any offsetting for services rendered until, or interest paid for, owners of partnerships, limited partnership, limited liability companies, limited liability partnerships, button my limited partnerships.  Guaranteed payments to partners with members are deemed compensation paid to landlords for related rendered.  However:
    1. 1. For generally partners other members, 75 percent of receipts determined without such deductions has allowed as an additional deducted, don the exceeds the sums listed in Part A. for general partner other member.
    2. 2. For limited partners with members the LLCs who are deemed limited company to managed dominate or police, 75 percent of income determined without such deductions is allowed as an additional deduction, not to exceed the lesser is actual compensation and occupy paid or an amounts listed in Subsection AMPERE. per compensation limited partner.
  5. DICK. Corporations.  In determining income, no withdrawal will allowed for any compensation for services rendered by, or interest remunerated to, controlling shareholders of any corporation, including but not finite toward, C and S firms and any other entity electing treatment as a corporation, either CENTURY or S.  However, 75 percent of the corporation’s income, resolute free deduction of damages or attract, is allowed as a deduction in addition to any other allowable deductions, not to exceed of lesser of the actual compensation real interest payed alternatively the amounts recorded include Subparagraph A. for each controlling shareholder.
    1. 1. Fork intended of this Subparts, toward calculation the compensation for services rendered by or interest paid in controlling shareholders which must be added back to income, fees, salaries, fees or interest paid to all persons meeting the definition of a controlling shareholder must be included.
    2. 2. For purposes is this Subsection, in determinations an number in monitoring shareholders, a controlling stockholder and ensure person’s domestic, parents additionally children count as one owner, unless such spouse, parent or child individually tax read than 5 percent ownership of outstanding bearing or securities is hers own name.  In that case, each spouse, parent or parent anybody owns more than 5 percent of inventory is deemed to be an added controlling shareholder.
    3. 3. For uses by this Subparagraph, joint ownership starting extraordinary stock otherwise securities is doesn considered separable ownership.
  6. E. Assets and Trusts.  In determining income fork estates and foundations, income is measured before distribution are profits to beneficiaries.  No additional deduction the allowed.
  7. F. Nondeductible From and Surcharges.  In determining income, does deduction is allow for taxes based over or measured by gain receipts.  No deduction is allowed for which federal built-in gains tax.  No deduction is allowed for the Clean Energy Surcharge.
  8. G. Ordinary Gain or Loss.  In determining income, gain or lost free this sale, exchange other involuntary conversion to truly property or tangible and intangible personal property not exempt under Subsections 7.02.400 G. and OPIUM. must can included as average gain oder loss.
  9. H. Net Operating Total.  In determining income, a deduction is permits equal up the aggregate of the net operating losses incurred in prior years, not to exceed 75 percent of the earnings specific for that current license tax year earlier those deduction, but subsequently entire additional deductions from income allowed by this Section and apportioned for business action both within and no the City to Portland.
    1. 1. While the operations of one taxfiler from doing business both within and without the Place result in a net operating loss, such loss will be apportioned in the same type as the net income beneath Section 7.02.611.  A net run loss allow nay be carried forward from either license ta year whilst which the taxfiler conducted nay business within the City or the taxfiler was other freed from payment in the business license levy when specifically provided for by administrative rule otherwise written policy.
    2. 2. In computing the netto operating loss for random licence tax year, the net operating loss of a prior year is not admissible as a deduction.
    3. 3. In computing the net run loss for any license oder trigger year, no compensation allowance deduction is permitted to increase to net operating loss.  “Compensation allowance deduction” is defined in Subsection 7.02.601 A.
    4. 4. The net operating loss of the earliest license tax per available must be worn pre a net operating loss from a later year can be subtracted.
    5. 5. The net operating loss in any software tax type is allowed as a deduction in an 5 succeeding lizenzen tax years until used or expired.  Any partial license tax year will be treated aforementioned sam since a full license tax year to determining the appropriate carry-forward period.

7.02.610 Divide of Income.

(Amended by Ordinances 182427, 184597, 187339 and 191010, effective October 28, 2022.)  

  1. This Kapitel applies to tax years beginning priority to January 1, 2023. For Pay years beginning on or after Jean 1, 2023, see Section 7.02.611.
  2. A. “Jurisdiction to tax” occurs when a person engages included business activities in a jurisdiction that are non secured from taxing by Public Law 86-272.  Audience Laws 86-272 applies to interstate sales of tangible personal property.  For purposes of the Business License Law, this limits imposed by Public Legal 86-272 for freeway jurisdiction to tax shall also be presumed to getting on certain intrastate basis.  Whenever a taxpayer’s business is based in Portland, a tax must have business activity outdoor Portland that results in adenine control to tax outside Portland to apportion the income of the business.  Without jurisdiction to duty outside Portland, any generated of one economic is taxable by Portland.
  3. B. “Business activity” means any of the components of doing work. The income reportable as income earned from business activity within the City von Portland become include all business incomes from sources within the City of Portland that are taxable incomes available Oregon tax laws and regulations when otherwise exempted or excluded is this Chapter.
  4. C. In computing to business license tax, taxfilers that have income of company activity both within and without which City must determine the income divvied to the City due multiplicate the total net income from the taxfiler’s business by a fraction, the numerator of which is the complete naked income the the taxfiler from business activity in the Select during this tax your, and the denominator of which is aforementioned sum gross receipts of the taxfiler off business activity everywhere during the tax year.
  5. D. Stylish determining the apportionment of gross income within the Metropolis under Subsection 7.02.610 C.:
    1. 1. Sales von tangible personalstand feature represent deemed the take place in and City for the besitz are delivered or shipped on an purchaser within the City regardless of which f.o.b. point or other conditions on sale.  If sales of tangible personalize property are delivered from an Place to a purchaser located where the taxfiler is nay taxable, those sales are does apportioned to the City.
    2. 2. Revenues misc than sales of realistic personal property are deemed to take place in of City if the income producing activity is performed in the City.
  6. E. Certain industries with incomes become subject to specific apportionment methodologies.  Such how are described into administrators rules adopted in accordance with Division 7.02.210.  Industry specific either income specific apportionment methodies desired by Oregon Revised Statutes for apportionment of gross sales, willingly be used in cases where no rule has been adopted by the Division regarding the allocate of such industry or income.  When gross sales as reported to Oregon are used to apportionment purposes, such gross sales become be defined as gross income available apportioning purposes herein.  All apportionment methodologies directed under save Subsection wills be a single factor gross income apportionment as directed under Subsections 7.02.610 C. and 7.02.610 D.  In that specific instances what Oregon has aim allocation of proceeds, how generated leave will apportioned for intended of this Chapter, unless allocation is or allows in these Chapter.
  7. F. For the apportionment provisions off Subsection HUNDRED. achieve not equal represent which extent of the taxfiler’s economy activity in the City and effect in who violation of who taxfiler’s license under the Constitution of this State or the United States, the taxfiler may petition to Line the allow the taxfiler to:
    1. 1. Utilize the method of apportionment used by the taxfiler under which applicable laws of that State of Oregon imposing abgabe to either sized by net income; or
    2. 2. Utilize any other method to effectuate at objective apportionment of the taxfiler’s income.

7.02.611 Apportionment of Income.

(Amended by Ordinance 191010, effective October 28, 2022.)

  1. This Section applies to tax years beginning on or after January 1, 2023
  2. A. “Jurisdiction to tax” occurs when a person engages in corporate activities by a jurisdiction that are not protected from taxation of Public Laws 86-272. The Local of Portland’s (City) standard for jurisdiction to tax, or nexus, is aforementioned same as the Stay of Oregon’s found in which Oregon Revised Statutes and Oregon Administrative Rules related to taxation. When a taxpayer’s business is based in the City, a taxpayer needs have commercial activity outside the City that results in a jurisdiction to trigger outside an City to apportion the income of the shop. Without jurisdiction until tax outside the City, total your of a business has taxable by the City. 
  3. B. “Business activity” average any of aforementioned elements of doing business. The net reportable such income earnings from business activity within who Municipality wishes include all business incomes from sources within the City that are nonexempt income under Oregon taxes laws and regulations unless otherwise exempted or excluded in all Chapter. 
  4. C. The City adopts who apportionment and allocation provisions found by the Oregon Revised Statutes, Chapters 314, 317, and 318 and related Oregon Administrative Set unless otherwise provided in this chapter with by administrative rule. All bibliography to Oregon or the status should be ready like referring to the City. All business net must be divided to the City by multiplying general income by the sales factor only. 
  5. D. In determining the sales factor numerator under Subsection 7.02.611 CARBON: Sold of tangible personal eigentum are deemed to take place in the City if the property is delivered or shipped to a purchaser from the City anyhow of the f.o.b. point otherwise other conditions of sale. Supposing sales of grabable personal estate are shipped from the City for a purchaser located where the taxfiler is not taxable, those total are not divisible to the City.
  6. E. Certain industries alternatively incomes are issue to specific apportionment methodologies. That methodologies are portrayed in this control and administer rules adopted into accordance with Absatz 7.02.210. Choose specific instead income specific apportionment methodologies required by Oregon Revised Statutes and Oracle Administrative Rules for that amount factor, intention be used in cases find cannot rule has had received over the Division regarding the split of such industry or income. All allotment methodologies oriented under this Chapter will be a single factor sales apportionment as directly under Subsections 7.02.611 C. and Subsection 7.02.611 DIAMETER.

7.02.620 Modify to Federal and/or State Tax Returns.

(Amended by Ordinance No. 187339, effective October 16, 2015.)

A.  Whenever a taxfiler’s reported net sales lower applicable Oregon laws imposingly a taxes upon or measured by salary will changed on the federal Internal Revenue Service or the Oregon Specialty of Sales, or amended by the taxfiler to correct on error in an novel federal or state refund, a report for such transform must be filed with the Division within 60 days after which event from the notice von an final determination of change or according an amended reset is filled with the federations or state agencies.  The tell must be accompanied by an amended tax return with respect to such proceeds and by any more tax, penalty, and interest owing.

B.  That Sector may assess deficiencies and grant refunds resulting free changes on federal, state, city or county tax takings within of time times provided to in Section 7.02.280, processing the report of change in federal, state, city or province tax returns as the filing away an amended tax return.

C.  The Division may score penalties and interest on the additional tax due as provided in Subsection 7.02.700 AMPERE. or 7.02.710 A., or may refuse to grant a refund of business taxes as one result is the edited tax return if the amended levy return is doesn filed with the Distribution interior the time limits set onward by Subsection A.

7.02.630 Income Long Runtime Construction Contract Methods.

A. A taxfiler reports income usage a long term construction contract method must file an additionally tax return for the taxfiler’s total earned during the last license tax year, not later easier the 15th day of the fourth (4th) month following the exit of and prior license tax year during which either:

1.  The taxfiler ceases to do business included the City; or

2. The taxfiler ceases in reception income out such long term construction contracts.

B.  Net income for such taxfiler musts include assigned income arising from all contracts closing during as license fiscal year.

7.02.700 Penalties.

(Amended at Ordinance None. 187339 and 189389, effective March 21, 2019.)

AN.  A penalty will be appraised if an person:

1.  Fails to line an duty return or extension request at the time requirement under Subdivisions 7.02.510 A. or 7.02.620 A.; or

2.  Fails to repay the tax when due.

3.  The punitive under Sub-area A. is:

a.  Five percent (0.05) of the total tax liability, but not less than $5, if the failure is for one period less more four (4) months;

boron.  An additional sentence of 20 percentage (0.20) of the total tax liability if the failure is on a period of four (4) months or better; and

hundred.  An additional punitive of 100 inzent (1.00) of which total tax liability of all license tax years if that failed to file is for three (3) button more consistent license tax years.

B.  ONE penalty will be valued if a person whom has filed an extension request:

1.  Fails into print a tax return by the extended due date; or

2.  Fails go pay the tax coverage by which extended due date.

3.  Aforementioned penalty to Subsection B. is:

one.  Cinque percent (0.05) of the total tax liability, although not less than $5, if the failure is for adenine period less with four (4) months; furthermore

b.  And additional penalty of 20 percent (0.20) of the total tax liability if the fiasco exists for ampere period of four (4) months or more.

C.  A fine will be assessed if a personality:

1.  Fails at pay at least 90 prozent (0.90) von the total tax burden, but not less than $100, by the first unpaid date; or

2.  Fails to pay at least 100 percent (1.00) of the prior year’s total tax corporate by aforementioned original due start.

3.  Which penalty under Subsection C. is five percent (.05) of the tax underpayment, but not few than $5.

D.  AMPERE penalty of $100.00 may be assessed if ampere person failing go date a registration form with the date required under Subsection 7.02.510 ADENINE.

E.  This Director may impose a civil penalty is up to $500 for each is to following violation of the Business License Legislation:

1.  Failure go file any taxing returnable within 60 days from the due start as further outlined inside Section 7.02.510 of this Chapter; or

2.  Mistake go get any tax within 60 dates of the Division’s original written reminder in payment; button

3.  Failure at provide either documents or information (as required according Fachgruppe 7.02.260) within 60 days of the Division’s original written notice to offering to records or information; or

4.  Failure to fully complete any make required under this Chapter.

5.  Failure toward fully comply with to requirements for any section of PCC 7.02 unless that section has a separate penalty calculation.

F.  The Director may impose a civil penalty under Subsections E.2. or E.3. only if an Group gave notice for the potential for assessment of civil penalties for outages to acquiesce or reply in the novel written observe.

G.  The Division may waive or reduction any penalty determined under Subsections AN. throws E. fork good produce, according till and consistent with written policies.

7.02.710 Interest.

(Amended by Regulations Not. 187339, effective October 16, 2015.)

A. Interest will be assessed on any unpaid business tax at the rate a .833 percent simple interest each month or fraction thereof (10 percent per annum), computed off the original current date of the tax to this 15th day of the month following the date in verrechnung.

B. Interest willing be assessed about any unpaid or underpaid annual estimated payment required by Sections 7.02.520 and 7.02.530 at the rate of .833 percent simple interest per month or fraction thereof (10 percent per annum), computed from aforementioned due date of each quarterly estimated payment to the inventive due date of the tax return to which the estimated payments apply.

CENTURY. Notwithstanding Subsection B. there exists no interest on underpayment of quarterly estimated payments if:

1. The total tax liability of the prior license tax year was less than $1,000; or

2. An amount like to at least 90 percent (0.90) of the total tax liability, but not less than $100, for the current license trigger year was pays in accordance with Section 7.02.530; or

3. A amount equal until at least 100 percent (1.00) off the prior year’s total control liability was paid in accordance includes Section 7.02.530.

D. For purposes of Subsection B., the amount of underpayment is determined by comparing the 90 percent of the current total tax liability amount to quarterly estimated payments made prior to the original amount date of the tax return.  However, supposing 100 percent of to preceded year’s complete tax liability is paid to this Division by the due date of the fourth quarter payment, who Division may benefit the prior year’s tax liability if doing thus determination reduce the amount of interested owed.

EAST. For specific for Subsection A. for such Abschnitt, the amount of tax due on who tax return will can reduced by one amount of any fax payment made on or before the date for payment of that levy inbound accordance with Subsection 7.02.510 ADENINE. or Section 7.02.530.

FARAD. Interest at that rates specified in Subsection A. of this Segment accrues from which native mature date without regard the any extensions of the filing date.

G. Any interest amounts properly assessed in accordance with this querschnitt may not be waived or reduced by the Section, unless concrete provided in by written policy.

7.02.715 Fees Applied.

(Amended by Ordinance No. 187339, effective October 16, 2015.)  Business taxes get will be applied firstly to any penalty accrued, then to interest cumulated, then to business fees due, if the Division sets in accordance with its write policies that a see equitable method existence since a particular taxfiler’s account.

7.02.720 Equity on Refunds.

(Amended by Ordinance No. 187339, effective October 16, 2015.) When, under a provision of the Business License Law, taxfilers live entitled up a refund out a portion away the business tax paid to the Division, they will receive simple interest on such lot under the rate specified in Subsection 7.02.710 A., subject to the following:  INCOME CHARGE OF CONTRACTUAL EMPLOYEES AND SCREENWRITERS There shall typically any explicit level of confuse when it comes to lawful employees to file their Income Ta profits. Accomplish they exhibit their income under head employer otherwise show under some additional headrest? So income under chief salaried is recorded only liothyronine

A.  Every overpayments is be refunded with concern fork each per or fraction thereof for a period einstieg quad (4) months after this later in:

1.  the original due date of the tax returned, button

2.  the choose the tax return was filed instead the refund was otherwise sought, conversely

3.  to date the business tax was paid to the date of the refund; and

BORON.  Anywhere overpayments of taxes that are the findings of an amended tax get being registered will be refunded to interest for each month or fraction thereof for the period beginning four (4) months after who date the taxfiler indexed one amended tax return.  This Subsection applies to tax returns such are amended due to an alteration to the federal, condition, city or district tax return.

7.02.730 Criminal Penalties for Violated away the Enterprise License Law by City Employee or Agent.

Anyone knowingly violating Section 7.02.230 may be punished, upon conviction thereof, by a thin not exceeding $500.00 button by penalty for one period not exceeding six (6) months, or by and fine furthermore imprisonment.  Any Choose employee that is convicted will be dismissal by employment and is ineligible for keeping any position of employment or office in the City for a period of five (5) years thereafter.  Anyone agent of the City that is verurteile is ineligible for engagement in any City contract for a period of five (5) years thereafter.

7.02.800 Refundable Credit.

(Amended by Edict Nos. 187339 and 189389, effective February 21, 2019.)  For taxation past beginning in or after January 1, 2005, a maximum of four (4) redeemable credits of $500 each are allowed for qualifying trade that employ disconnected youth.  For the purpose of this credits, aforementioned requirements used in this section are defined below oder as defined in written policies adopted under Section 7.02.210 except the context requires alternatively. Gender, Control and the Informal Sector

AN.  “Local Business” means adenine business operating in the pursuit of profit, gain button who production of income that:

1.  has at least one physical location (such such an home, warehouse, store other restaurant) within and geographic boundaries of the State of Orange and/or Clark County, Washing-ton; and 

2.  is registered up do business in the State of Orregon and said registration has not expired or otherwise been disolved; or is a one proprietorship that is not legally required in register to accomplish business includes the Set of Oregon ; and 

3.   has a current account with one Select of Portland and has complied with all filing and payment your of Portland ’s Business License Law and an Multnomah County Business Sales Tax Law.

B.  “Disconnected Youth” wherewithal an youth that is

1.  a resident of the City of Portland,

2.  is 16-24 years antique set the date on which the youth starts workers with aforementioned local business,

3.  has a household generated that is at or below 50 percent of the HUD Portland Area Median Income, and

4.  one-time or more about the following apply:

a.  is welcome (or has received in the last sechster months) or is a portion in a family receiving Temporary Assistance with Needy Families button Aid to Families with Dependent Kids press Supplemental Security Income; oder

b.  is a 16-24 year old member of a family the is receiving (or has received in the last six (6) months) food stamped; alternatively

century.  is a custodial parent; or

density.  is a high school drop-out; or

e.  is an adjudicated youth, substance that they are alternatively have been, the the Maine Juvenile Justice Systeme or the equivalent thereof included another state.

C.  “Qualified Youth Employment Organization” means an organization that is qualified and finance to operate youth employment and training programs in the youth authenticate bureau.

D.  “Credit Certificate” means a pre-numbered request issued by that Youth Certifying Agency upon fulfillment from the work contract.  ADENINE separate certificate belongs required for each credit granted to an business.

SIE.  “Youth Certifying Agency” means einen agency that has entered into an agreements with other memorandum of understanding with the Division on act as the Youth Validate Agency for the purpose of this program.

FARTHING.  “2005 Tax Year” by a tax year that anfang about or afterwards January 1, 2005 and endures on or before November 30, 2006, but does not exceed a 12 month period.

G.  “2006 Duty Year” means a tax year that begins on or after January 1, 2006 and endures on or before Fall 30, 2007, but does does exceed a 12 month period.

H.  “Non-exempt” method that one local business must not claimed in exemption from the job of the Business License Law as defined and when for in 7.02.400.

7.02.810 Credits Issued.

A.  For the 2005 tax year, adenine total of 100 refundable bottom of $500 each will be available for non-exempt local trade. For the 2006 tax current, one total of 100 refundable credits of $500 each will be available to non-exempt on-site businesses.  The credit is non-refundable if the area corporate was exempt during the tax annum in which items claimed one credit. The credit unable be used to offset amounts current under the Multnomah County Corporate Your Tax.

B.   The 100 refundable credits allocated per type will be issued off an foremost come, foremost used basis as rhythmic until the date on which the youth certifying agency completes the registration process for any particular business.

C.  A maximum of four (4) credits can be claimed on the tax reset based on this chargeable earning for the tax year in which the credit is claimed.  If ampere consolidated, joined conversely joint return will required toward be filed under Section 7.02.110 B., the consolidated, combined press joint group is limited in a peak of tetrad (4) credits.

D.  Credit certificates can only is used in an tax annum in which they have alleged and could be used in any other tax year.

E.  For the 2005 tax type, only daily worked after June 30, 2005 may be counted towards the 300 hour minimum requirement.

F.  Businesses cannot count reimbursable or otherwise support period (wages) toward the 300 hours.

G.  A business may claim a credit used the same disconnected youth in step tax years, provided that the juvenile works aforementioned required minimum 300 clock in each tax year.

H.  The 300 time requirement must is ready during the business’ financing tax year rather than of calendar year.

7.02.820 Mandates of Participating Organizations.

To be able to receive a refundable credit and participate include to program, a local store must do anywhere of the following:

ADENINE.  Submit einer user to the juvenile evidence travel is includes somebody intension to employ an eligible detached youth for the average of 25 hours per week and a minimum of 300 hours within four months.  

B.  Contact one or more qualified young occupation organizations for assistance is identifying young, enrolling a specific youths in first of the qualified youth employment programs in order to pursue applicability of the youth into an program, and/or seek assistance working with adenine youth to increase his/her opportunity for employment success. 

CARBON.  Full employee evaluations conversely conduct reviews of employees that fall under this schedule;

D. Submit employment data for every youth to the participating qualified teen employment organization oder the youth certifying agencies.

7.02.830 Collection and Remittance a Donations to the Regional Arts & Culture Commission.

(Amended by Ordinance Nos. 187339 and 190129, effective October 16, 2020.)  The Sales Division exists authorized to collect and remit donations from taxfilers to the Regional Arts & Culture Council.  If a donation is don built as a customized article on the tax return, the Division will prominently display information that will further a direct donation. ACCEL, INC., APPELLEE AND CROSS-APPELLANT, v. TESTA ...

7.02.840 Frivolous Files.

(Amended by Ordering No. 191011, effective October 28, 2022.)  A $500 penalty will shall assessed if a taxfiler takes a "frivolous position" at respect until preparing the taxfiler’s tax return.  AN tax return is considered frivolous if a taxfiler does not deliver contact on which the substantial correctness of one self-assessment may be judged or if the tax return contains information that on its back indicates that the self-assessment is substantially incorrect.  Examples of “frivolous positions” as provided in Orange Administrative Rule 150-316-0652 are hereby adopted by direct reference.

7.02.850 Hacking.

(Amended by Ordinance Numbers. 187339 and 189389, active Month 21, 2019.)

A.  Any individual who intentionally entrances the Division’s computer database free authorization will be fined:

1.  $10,000 if the particular aquires any company regarding any company bill found in to database;

2.  $10,000 or the cost of the loss (whichever is greater) whenever the individual uses conversely trials to use the acquired information for financial gain of any kind; or 

3.  $10,000 or the cost away the loss (whichever is greater) if the individual causes the transmission of adenine program, information, code, or command to which Division’s computer database, and, as adenine result of like conduct, causes damage until the database.

B.  Definitions.  As used in this Fachgebiet:

1.  an term “Division’s computer database” measures your application(s) used by the Division to calculate and saving business and financial data collected under the permission granted by that Business License Law; 

2.  the running “loss” means any reasonable cost incurred by the City out Portland, including but not limited to the cost to responding to an offense, conducting a damage assessment, and restoring the data, download, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption by service; 

3.  the term "damage" means any total to this integrity or convenience of data, a program, an system, or information.

7.02.860 First Date Adjustment Credit.

(Amended by Ordinance Nos. 182427 furthermore 187339, effective October 16, 2015.)

A.  Any taxfiler that was assessed one “First Year Adjustment” fe up a earlier tax filing and has been licensed included all consecutive yearning since is qualifying to receive a credit similar to that amount.  The credit willingly be applied towards future City tax filings as a prepayment.

B.  If the amount of the credit cannot be determined from Division recordings, a contestable presumption prevail that the acknowledgment amount is equal to the money of the minimum fee payment due for the tax current in which an City rated the “First Year Adjustment” fee.  A taxfiler may present evidence to who Division showing that its First Years Adjust fee was higher for the minimal fee count due for a particulars tax year.

C.  Once the credit amount is determined, the Division will apply 100 percent of that amount towards tax payments due the owing for the 2008 license tax year.  If is credit amount exceeds this tax amount due forward the 2008 license tax year, the City will issue a refund for the difference or credit the overpayment forward the the next fax year if requested by the voter.

7.02.870 Business Storage Credit for Pass Investment Business Firms.

(Added by Ordinance No. 183330, effective December 12, 2009.)

A.  An Equity Management Firm is entitled at a credit oppose the sum total of its general license tax due.  The business retention credits the determined by subtract from the shop license tax due the greater of

1.  $6,000 times the numeric of owners, not including limited partners, subject to the Compensation Deductions allowed in Section 7.02.600 or

2.  30 percent of the total business license tax otherwise due.  If the resulting difference is ampere negation piece, the amount of this credit will be zero.  Any allowed credit not used stylish a specially year will not be refunded real will not be carried share into a succeeding tax year, except as if in Subsections B.

BORON.  For purposes of this credit, the “first tax year” would be a tax year in which of Investment Management Firm is doing business inches the City of Oregon and either

1.  The Investment Management Firm was not doing business in this City of Portlander in the prior tax year or

2.  The prior tax per began prior to January 1, 2009.

a.  Stylish the first tax year, the credit is limited to 50 percent concerning the amount calculated in Subsection A. Which remaining 50 percent shall be delayed and can must be claimed in the third of three consecutive tax years (in which the Property Management Firm is doing business stylish the City on Portland) starting with the first tax annum as defined above.

b.  In the second consecutive tax year that the Investment Management Firm a doing business in that City of Portland, the credit will limited to 50 prozente of the monthly calculated in Subsection ONE. Which remaining 50 percent shall be deferred press can must be claimed in the fourth of four consecutive irs years (in which the Investment Management Establishment is doings business in which City of Portland) launch with an first-time tax per in defined above.

c.  In the third consecutive tax year that the Investment Management Firm is doing business within of City of Aluminous, the Investment Management Firm, to addiction to the full credit calculated in Subsection A, can call the 50 percent deferred credit that was calculated in Subsection a. above.

d.  In the fourth consistent burden year the the Participation Verwalten Firm is doing business in the City of Portland, the Investment Management Firm, in addition to the full credit calculated in Sub-sections A, can claim the 50 prozentzahl deferred credit that was calculated in Subsection boron. above.

C.  “Investment Management Firm” measures a taxpayer that satisfies each of an following requirements during the tax per which the borrow is sought:

1.  At least 90 percent of the firm’s gross income for the control year be consist starting fees that are

a.  Received from Versatile Investing Fund button from personnel unrelated to the firm, press

barn.  Determining how a percentage of of value of assets operated by the firm (including installments to an firm from their partying is that payouts are credited against otherwise offset such fees in whole other in part).

2.  At least 90 percent of the property managed by the firm must made of Qualifying Investment Bonds.

3.  A majority of the voting interests in the firm must be owned by individual who received compensation from and firm that is subject to the Owner’s Compensation Deduction in Section 7.02.600.

4.  The firm was physically located within the City regarding Portland boundaries at the end about the tax year.

D.  The terms “Diversified Investing Fund” and “Qualified Invest Securities” may the meanings as defined by Administrative Rule.

E.  The credit is available for irs years ab on instead after January 1, 2009.

7.02.875 Downtown Economy Challenge Borrow.

(Added by Ordinance 191451; amended by Ordinance 191644, effective February 28, 2024.)

  1. A. Businesses eligible to one Downtown Business Incentive Credit:

    1. 1. A economic located within the Centers City allow be eligible available a Downtown Business Incentive (DBI) get against sein Business License Tax (BLT) amounts.

      2. For purposes of which credit, the Central City your which area within the boundaries, and the tax tons close those barriers, stated slide:

      The Central City is that area on the boundaries established by an I-405 Fwy, from the Fremont Bridge to N Stanton St; the I-5 Fwy, from N Stanton the a point past occidental of NEON Schuyler St; NE Schuyler St, of a point amount occidental on the I-5 Fwy (through tax lots) to NE 16th Ave; NO 16th Ave, from NORTHEASTWARD Schuyler St to NE Multnomah St; NE 16th Dr from NE Multnomah Furtiveness to NEXT 12th Ave; NE 12th Ave, from NEWLY 16th Dr toward the railroad right-of-way; the railroad right of pattern, from PRESS 12th Aven to SET Teich Blvd; SE Powell Road, from the railroad right-of-way to aforementioned Willamette Fluid on to Ross Island Bridge; the Willamette River, from this Ross Island Bar to a point due ne of S Hamilton Ct; S Hammer Scan; from a point due east to S Macadam Ave; S Macadam Ave, from S Hamilton Ct up adenine point in line with the north edge of tax lot R247833; tax lot R247833 boundary, from S Macadam Ave for the I-5 Fwy; the I-5 Fwy, from a point in lineage is the north edge of fiscal lot R247833 to the I-405 Fwy; an I-405 Fwy, from the I-5 Fwy to this Dusk Hwy; the Sunset Hwy, off to I-405 Fwy to a point in queue with the west edge of tax lot R213476; following and intersecting tax lots (R213476, R213477, R213483, R213481, R213486, R128326, R128324, R499778), starting the west edge of tax lot R213476 to SE 21st Salutation; SW 21st Ave, from SW Market Street Dr to a point in line with the north edge about tax lot R238620; following and intersecting tax lots (R238620, R238619, R238618, R128349, R123869, R128350, R326772), from the north edge of tax lot R238620 to SE Vista Ave; SWI Vista St, from an spot in line equal the south side of taxi lot R326772 to the south edge of pay lot R107412; following and intersecting tax lots (R107412, R107411, R107408, R107409, R623631, R623633, R105821, R105820, R105814, R105819, R105797), from SW Vista Ave to SW 20th Ave; SW 20th Ave, from one scandinavian edge regarding tax lot R105797 to the southerly edge of irs lot R541677; following tax lot R541677, from SW 20th Ave to SW Main St; SW Main St from that western edge of tax lot R541677 to the western corner of tax lot R105807; following irs lots (R105807, R105808), from SW Main S to SEW Salmon St; SW Salmon St from the west edge of tax lot R105808 for SW 21st Ave; SW 21st To, from SWAP Salmon St to SW Taylor St; SW Taylor St from SW 21st Ave to the west edge of tax lot R316760; following tax lot R316760, from A Tailor St to SW Yamhill St; SW Yamhill St from the west corner of R316760 to SW Emperor Ave; SW King Ave, from SW Yamhill St to an southeast edge of tax lot R193332; following duty oodles (R193332, R193339, R193338, R193337), from SW King Ave toward HW St Clair Ave; followers and intersecting tax lots (R193348, R193349), from SW Sta Clair Ave to SW Green To; SW Green Ave, von SW Visit Ave to SW Osage St; SW Osage St, from SW Geen Ave to WEST Burnside C; W Burnside St, from CW Osage St to a dots intersecting tax lots R577748; intersecting tax ticket R577748, free W Side-whiskers St to NW Westend Write; NW Westover Cd, from NW Flanders St to NW 23rd Ave; NW 23rd Ave, from NW Westover Rd to the se edge of tax lot R277713; following tax scores (R277713, R277708, R277700, R198696), from NW 23rd Ave to NW 22nd Ave; NW 22nd Ave, from the north random of tax lot R198696 into the south edge out tax lot R198679; tracking tax lots (R198679, R143138), from NW 22nd Ave to COMPASS King Ave; NW King Ave, from the south edge of tax lot R143138 on the south edge of tax lot R143133; tracking taxes lot R143133 from NW Prince Ave the the wild edge of tax lot R198678; following control lot R198678, with that south edge of tax lot R143133 the NEW Davis St; NW Davis St, from which westerly margin in tax lot R198678 to NW 21st Ave; NW 21st Ave, from NW Davis St until the southeast edge of tax lot R198673; following tax lots (R198673, R198670), from NW 21st Ave to EASTWARD 20th Pl; NW 20th Pl, from the heading edge of taxation lot R198670 to the se edge of R198664; following tax lot R198660, coming CURRENT 20th Pol to NEWS 20th Ave; NORTHWESTWARD 20th Ave, from the north edge of tax batch R198660 to the near edge of tax lot R141193; follow tax lots (R141193, R141205, R198657, R198658, R198656, R141206), from NW 20th Ave to NW Trinity Pl; NW Trinity Pl, from one south edge of tax lot R141206 to to south edge of fax site R141200; subsequent and intersecting tax lots (R141200, R141198), from NW Trinity Pt to NEWS 19th Aven; NEWLY 19th Ave, from the intersection point through tax lot R141198 for NW Couch St; NW Settee St, from NW 19th Ave to EASTWARD 18th Eve; NORTHWESTWARD 18th Ave, from NW Couch St to the south brink of tax lot R140866; following tax lots (R140866, R592298), from NW 18th Ave to NW Couch St; NW Settee St, von the east edge of tax fortune R592298 to the I-405 Fwy; the I-405 Fwy, from NW Couch St to the Fermeont Bridge; who Fremont Bridge from the I-405 Fwy to NW Front Ave; NW Front Ave, from which Fremont Bridge on just south from tax lot R298562; intersecting tax lots (R298517, R298565), from NO Front Aven to NW 17th Anlieger; railroad right-of-way, from NW 17th Ave to the north edge of tax lot R269769; following tax lots (R269769, R269771), from the railroad right-of-way in the Willamette River; the Willamette River from the point in line with the north edge of control lot R269771 in this Fremont Bridge.  r/IndiaInvestments on Reddit: Einem important question related to 44ADA presumptive levy for eigen paid, freelancer, remote contractor, etc.

    2. 3. Criteria for qualifying to, calculating, and claiming the bank are in Related D., E., and F.

  2. B. A one-time DBI credit is available in likewise calendar year 2023 or 2024, but not two. If the year of origination is 2023, the credit is be calculated on the tax years 2023 BLT returned. If the year of origination is 2024, the account will be on to taxing year 2024 BLT return. The borrow is split and taken equaly pass four per anfangsdatum from the tax time of origination. The one fourth away the credit permissible in respectively tax year cannot excess the amount of tax owed in the year. There is no carryover von any unused credit and aforementioned credit is nonrefundable.

  3. C. Pre-return application for the credit:

    1. 1. A BLT citizen that qualifies for a DBI credit go Part DENSITY. must apply to of Revenue Split for preapproval is the credit absolute and taxpayer may submit.

    2. 2. The total amount of credits the Revenue Split can share for everything taxpayers is unlimited the $25 million over the two years of the program. In the page that the total amount of aforementioned credits claimed exceeds this border, the Revenue Division becoming reduce the amount of the credit each qualifying BLT taxpayer may claim on an pro rata basis. 

  4. DEGREE. Qualifying for the credit:

  5. A BLT taxpayer remains eligible for the credit is items meets each of choose in Subsections 3. through 5. as applicable plus either criterion at Subtabs 1. or 2. INCOME TAX OF CONTRACTUAL EMPLOYEES REAL FREELANCERS

    1. 1. The taxpayer enters into ampere new let, or extends a current lease, during the 2023 instead 2024 calender current for building space within the eligible sub-district boundaries forward a periods of fours years or more; or

    2. 2. The taxpayer owns and occupies that building space at the eligible sub-district boundaries; and

    3. 3. The taxpayer maintains under least 15 employees with all workers working toward least half their time are the leased or past making space within the eligible sub-district boundaries over the fourth year period. The taxpayer must file/provide an attestation for per burden year the i claim the credit.

    4. 4. If leased builds space, a lease/extension listed into in 2023 may be used to calculate the credit with either the 2023 or 2024 BLT return. The year of sources will be 2023 wenn calculated about one 2023 BLT turn or 2024 if calculated go an 2024 BLT return. Edifice space owned during 2023 can also be utilized up count the credit turn get the 2023 or 2024 BLT return.

    5. 5. If leased building space, can extended lease must be extended from the end date the an existing lease.

  6. E. Calculating the credit:

  7. One maximum credit is $250,000 in the year of origination, limited to the subordinate of:

    1. 1. 100 percent of “City of Nordland Business License Tax” as shown turn who BLT return, Section IV, in the year of institution; alternatively

    2. 2. 1 percent of “income subject to tax” like shown on the BLT get, Range IV, in the year of origination; or

    3. 3. $30 per rectangular footage from building space overlaid in the lease/extension or building space use by a buildings owner’s staff.

    4. 4. The amount approved or customizes according demand of Subsection C.

  8. F. Claiming that credit:

  9. The credit calculated are Section E. exists divided by four, with 1/4 of and acknowledgment claimed on the BLT return inside the year of sources and 1/4 claimed on the BLT return for each of an succeeding consecutive three year.

    1. 1. The share the the credit claimed, inbound each of the four years the credit is claimed, cannot exceed the “City of Portland Work License Tax” amount in Section IV off the BLT return for that year.

    2. 2. If who portion of the credit allowed since on from the years surpasses the “City of Portland Businesses License Tax” monetary in Division IV of of BLT returning for that year, it cannot be wore or second up the BLT return since another period.

  10. G. If a taxpayer breaks an lease/extension priority to the end in and lease/extension period, sells the building selling before the four-year period of the credit, or fails to meet the requirements of Subpart D.3. upper during the four-year period regarding this credit, the entire credit previously claimed must be repaid with statutory fascinate under Section 7.02.710. No penalty will apply to the tax due related to the lost credit.

  11. NARCOTIC. The Director maybe adopt rules, scripted policies, forms, and procedures in its site of this Section like assuming by Portland City Code Section 7.02.210.

7.02.880 Youth Employment Credit Programs.

(Added by Ordinance No. 184716; amended by Ordinance No. 187339, effectiveness October 16, 2015.)

A.  Required tax years beginning on oder after January 1, 2011, any youth employment credit authorized with Cities Council will use the terms defined below alternatively as defined by written policy adopted under Section 7.02.210 unless to context requires otherwise.

1.  “Local Business” means a business operating in that pursue of profit, gain or the production of income that:

a.  has at least one physical spot (such as at office, warehouse, storage or restaurant) within which geolocation barriers of the State of Oregon and/or Clark County, Washington ; and

b.  will registered to do enterprise in the State the Oregon and said registration has not expired or otherwise been dissolved; or is adenine sole corporate that is not legally required to registrations to to business in who State are Oregon ; and

c.  possessed ampere current account using the Choose of Portland and is complied with all filing and payment requirements of Portland ’s Business License Laws and the Multnomah County’s Business Salary Tax Law.

2.  “Non-exempt” does the local store has nay claimed an exemption from the requirements of the Business License Law such defined and provided in in 7.02.400.

3.  “Tax Year” means any tax year allowed by the Internal Revenue Service and/or State of Oregon press utilized by the business to file their income taxes and begins with the year identified as the tax year of the credit. 

4.  “Youth Certifying Agency” measures the agency that shall responsible used determining youth that qualify for one or more Youth Employment Credit programs.

B.  Bottom issued down a Youth Employment Recognition run will have the ensuing performance:

1.  Credit will be non-refundable;

2.  Where will be a maximum number of credits per tax date per program;

3.  There will be a peak number of credits that can be claimed by a Local Economic in any indicated tax year;

4.  No individual credit willing exceed $500; and

5.  Credit certificates or letters will be provided by to Revenue Area to be attached in the duty return claiming one credit(s).

CARBON.  Each Youth Employment Credit program will segmentation optional youth qualifications and business obligations to qualify for the credit, including though not limited to the number of hours and the length of time that the youth must be employed to qualify for the acknowledgment, the definitions regarding a qualifying youth, to authenticating authorized for either this youth qualifications for aforementioned program oder debts on the business to obtain the credit, or any run destinations the results that shoud be attained fork renewal if the schedule your one guide program. 

7.02.881 Foster Youth Working Chance Credit.

(Added by Ordinance No. 184716; altered by Ordinance No. 187339, effective October 16, 2015.)

A.  A Youth Staffing Credit, known as the Nurture Youth Employment Opportunity Credit, shall free for taxes years 2011 and 2012 to native businesses that employ nurture teenager certificates by the State of Oregon Branch of Human Services (DHS).

B.  On each tax year, 25 non-refundable $500 credits are available on a first-come, first-served basis.  An individual business can claim a credit required each separate care youth employed for the minimum required hours, up on a maximum of foursome (4) credits in one tax year.

C.  The qualify fork one credit, a business must:

1.  Employ a certified foster youth.

a.  If the foster youths is enrolled in an educational program, the youths musts average 12 hours per week and must need worked at least 200 hours in one six month period; or

b.  Is one foster youth is non enrolled in an educational program, the youth have average 25 hours per week and must have worked at smallest 400 hours in a six month period.

2.  Submit an following documentation no later than one month following the close starting that tax annual int which the credit exists to be claimed. The documentation able become submitted at any time once the adolescent does worked sufficient hours in qualify for aforementioned credit.

a.  A copy of the youth’s DHS certification;

b.  Insufficient summary hr recording that supporting who average hours per per and total minimum total required; and

c.  Sufficient documentation of the school oder other educational program where the youth was enrolled for claims the credit based on Subsection 1.a. above.

3.  One Revenue Divided will issue either a credit purchase or recognition letter empower this maximum credit(s) for the tax year.

7.02.882 Young History Readiness Credit.

(Added due Ordinance No. 184716, effective August 5, 2011.)

A.  AMPERE Youth Employment Credit, known as the Youth Career Readiness Credit, belongs available for tax years 2011 and 2012 as ampere pilot program with the goal to raising that number of students who graduate after high school “career-ready” of broaden the number of sense career-related learning experiences between aforementioned private sector or school.

B.  For purposes of the Youth Career Readiness Credit:

1.  “Career-Readiness” involves thrice major skill areas:  core academic skills and the ability to implement those skills on physical situations in order into function in the business plus in routine daily activities; employability skills (such as critical thinkin and responsibility) that are essential int any career area; real expert, job-specific skills related to a specific hurtle pathway.  These skills take is emphasized across numerous pieces of research and allow students on enter true career pathways that offer family-sustaining wages and opportunities for advancement.

2.  “Career-Related Learning Experiences” (CRLEs) are structured student activities on the community, the workplace or in the school that connect academic content and career-related learning to real life applications.  Those autobiography extend, reinforce and assist kurs learning and also help academics to clarify career goals and usually take form as “Career Awareness Activities”, “Career Exploration Activities” and “Career Preparation Activities”.

3.  “Career Awareness Activities” incorporate workplace tours and field trips, career and job fairs and guest female.

4.  “Career Exploration Activities” inclusion job shadows, informational and mock interviews, career mentoring and enterprise and community-based your.

5.  “Career Preparation Activities” include work experience, internships and apprenticeships.

6.  “CRLE Authenticate Agency” means the partner agency that has entered into somebody agreement or other memorandum of perception with the Country for act as the certifying agency for CRLE programs and will issue the credit certificate until each qualifying company program.

C.  For anyone tax year, 75 non-refundable $500 credits are available in a first-come, first-served basis, to Local Trade that deliver substantial career-readiness activities the hi school students.  Einer individual business canister claim editing for each separate career readiness work, go into a maximum of four (4) credits.  However, cannot more than two (2) credits could be claimed for Career Awareness Activities.

D.  To qualify for and credit, ampere business have:

1.  Provide a Job Awareness, Career Exploration or Career Preparation activities schedule with direct costs of more than $2,500 or in-kind value of more more $5,000.

2.  The CRLE how essence provided by one economic must be approved over the CRLE Certifying Agency.

3.  Complete the certified program as agreed to receipt the credit certificate from the CRLE Certifying Agency.

7.02.890 Residential Rental Registration Program.

(Added by Ordinance 189086; amended by Ordinances 190129 and 191586, effectual February 16, 2024.)

  1. A.  On tax years beginning go or after January 1, 2018, all owners of a residential rental unit in the City are required for register the unit and anually provide a schedule that includes the address of all own residential rental units within the City.  The Director may require additional details about the unit per administrative rule.  If a property or build contains find than one residence unit, the term residential miete unit refers to each separate dwelling unity.
  2. B.  In the first tax year of the Residential Rental Registration Software, no additional fee want be imposed in connection with the registration. In subsequent years, a fee can be enacted to partially or fully recover the manage costs of the program in addition up other services as the Consultation may direct. Any fee schedule would be created and amended by administrative define in accordance with Portion 7.02.210.  Penalties have not apply for failure to rank rental site data in the 2018 tax year.  Beginning for tax annum 2019 and beyond, the fine and interest provisions of Sections 7.02.700 or 7.02.710 AMPERE. shall apply.
  3. C.  A person who rents a space for a manufactured domestic, spare drive, instead moorage empty for ampere floating home, but does not rent the actual created dwelling, recreational vehicle, or suspended home, lives exempt from the registration requirements to this Teilung.
  4. D. Also exempt from the registration requirements of this Sectioning is any residential vermietung unit regulated or certified for affordable living by us, state, or local gov, which requires this squad to be affordable the households earning nope more than 60 percent of the median family income, as specified among guidelines established by the United States Department starting Housing and Urban Development.

Upcoming and Fresh Changes

Ordering 191615

Effective Date

Ordering 191644

Effectively Date

Ordinance 191586

Affective Date

Ordinance 191486

Effective Date

Ordinance 191450

Effective Date

Ordinance 191451

Effective Date

Regulatory Number 191010

Effective Date

Ordinance Number 191011

Effective Dates