Oregon
OR · state · 19 cited facts
| Category | Provision | Value | Source |
|---|---|---|---|
| trust-nexus | Incomplete-gift nongrantor trust / ING (income tax reach) | ESCAPES: a NV-trusteed, NV-administered ING is a nonresident trust; retained intangible gain has no OR source. No settlor prong, no ING attribution statute. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed | sources (3)ORS 316.282(1)(d) (resident trust: fiduciary residence or Oregon administration) · high confidence · as of 2026-07-13 · TY 2026 Oregon trust residency follows the fiduciary and the place of administration, not the settlor 'Resident trust' means a trust, other than a qualified funeral trust, of which the fiduciary is a resident of Oregon or the administration of which is carried on in Oregon. Note: For a corporate fiduciary in interstate administration, residence follows where the majority of fiduciary decisions are made. https://www.oregonlegislature.gov/bills_laws/ors/ors316.htmlIRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026 IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelimIRC §665(c) · high confidence · as of 2026-07-13 · TY 2026 IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust (1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust. Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)). https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim |
| rate | Top state income tax rate (TY2025) | 4.75% to 9.9% graduated (9.9% above $250,000 MFJ; capital gains taxed as ordinary income) | sources (2)ORS §316.037(1)(a); ORS §316.042 (MFJ doubling rule) · high confidence · as of 2026-07-02 · TY 2025 Oregon income tax rates: 4.75%/6.75%/8.75%/9.9% graduated; MFJ thresholds double single per ORS §316.042 316.037 Imposition and rate of tax. (1)(a) A tax is imposed for each taxable year on the entire taxable income of every resident of this state. The amount of the tax shall be determined in accordance with the following table: ... Over $125,000 $10,798 plus 9.9% of the excess over $125,000 ... (b) For tax years beginning in each calendar year, the Department of Revenue shall adopt a table that shall apply in lieu of the table contained in paragraph (a) of this subsection Note: The quoted §316.037(1)(a) table carries the statutory base amounts; §316.037(1)(b) directs the Department of Revenue to adopt an annual COLA-adjusted table in its place, and the TY2025 figures are published in the OR-40 instructions (Oregon DOR). Rates are 4.75%, 6.75%, 8.75%, and 9.9%. Capital gains taxed as ordinary income, no LT preference. Federal tax deduction: Sch. OR-A line 5a, capped at $8,500 (MFJ/Single/HOH) or $4,250 (MFS) per TY2025 OR-40 page 4. MFJ doubling rule: ORS §316.042 provides that the tax imposed on a joint return shall be twice the tax which would be imposed if the taxable income were cut in half. https://www.oregonlegislature.gov/bills_laws/ors/ors316.htmlTY2025 Form OR-40 Instructions (Rev. 01-29-26), Table 5 and Tax Rate Charts, pp. 16, 32 · medium confidence · as of 2026-07-02 · TY 2025 Oregon TY2025 COLA-adjusted bracket thresholds, standard deduction, and tax formulas 2025 Tax rate charts ; Chart S: For persons filing single or married filing separately; If your taxable income is $50,000 or more but not over $125,000 .....your tax is $4,065 plus 8.75% of excess over $50,000 If your taxable income is over $125,000 .....your tax is $10,627 plus 9.9% of excess over $125,000 ; Chart J: For persons filing jointly, head of household, or qualifying surviving spouse; If your taxable income is $50,000 or more but not over $250,000 .....your tax is $3,756 plus 8.75% of excess over $50,000 If your taxable income is over $250,000.....your tax is $21,256 plus 9.9% of excess over $250,000 Note: TY2025 OR-40 instructions contain separate tables for single (Chart S), joint (Chart J), and reduction thresholds (Table 5). Chart S and Chart J provide the cumulative-tax formula for income at or above $50,000 at the 8.75% and 9.9% brackets; Table 5 provides TY2025 standard deduction amounts ($2,835 single, $5,670 MFJ, $4,560 HOH, $5,670 QSS). The $125,000/$250,000 top bracket thresholds are statutory per ORS §316.037(1)(a) and are not COLA-adjusted. https://www.oregon.gov/dor/forms/FormsPubs/form-or-40-inst_101-040-1_2025.pdf |
| conformity | Loss carryforward | Conforms to IRC §1212 indefinite federal carryforward applies | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| muni-instate | In-state muni bond interest | Exempt: ORS 286A.140 exempts interest on Oregon state and local obligations from Oregon income tax | sources (1)ORS §316.680(2)(a) (out-of-state muni addition); ORS 286A.140 (Oregon bond subtraction) · high confidence · as of 2026-06-22 · TY 2025 OR exempts OR-issued bonds; out-of-state muni bond interest is a taxable Oregon addition per ORS §316.680(2)(a) There shall be added to Oregon taxable income the amount of any interest or dividend income on obligations or securities of any state or political subdivision thereof other than Oregon or its political subdivisions, to the extent excluded from federal taxable income. Note: ORS §316.680(2)(a) requires addition of out-of-state muni interest to Oregon taxable income. ORS 286A.140 provides: interest on Oregon state and local obligations is exempt. Standard Oregon rule: instate exempt, outstate taxable. Verbatim quote verified against oregonlegislature.gov ORS 316 (2025 Edition). https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| muni-outstate | Out-of-state muni bond interest | Taxable: ORS §316.680(2)(a) adds back interest on non-Oregon state and local bonds to Oregon taxable income | sources (1)ORS §316.680(2)(a) (out-of-state muni addition); ORS 286A.140 (Oregon bond subtraction) · high confidence · as of 2026-06-22 · TY 2025 OR exempts OR-issued bonds; out-of-state muni bond interest is a taxable Oregon addition per ORS §316.680(2)(a) There shall be added to Oregon taxable income the amount of any interest or dividend income on obligations or securities of any state or political subdivision thereof other than Oregon or its political subdivisions, to the extent excluded from federal taxable income. Note: ORS §316.680(2)(a) requires addition of out-of-state muni interest to Oregon taxable income. ORS 286A.140 provides: interest on Oregon state and local obligations is exempt. Standard Oregon rule: instate exempt, outstate taxable. Verbatim quote verified against oregonlegislature.gov ORS 316 (2025 Edition). https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| qoz-conformity | QOZ conformity (IRC §1400Z-2) | Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via rolling IRC conformity | sources (1)ORS 316.048 · high confidence · as of 2026-06-22 · TY 2025 Oregon conforms to IRC §1400Z-2 QOZ gain deferral and exclusion The entire taxable income of a resident of this state is the federal taxable income of the resident as defined in the laws of the United States, with the modifications, additions and subtractions provided in this chapter and other laws of this state applicable to personal income taxation. Note: ORS 316.048 establishes rolling IRC conformity. Oregon taxable income begins with federal taxable income; no modification excludes §1400Z-2 gain. §1400Z-2 QOZ provisions apply automatically via conformity. Verbatim quote verified against oregonlegislature.gov ORS 316 (2025 Edition). https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| qsbs-conformity | QSBS conformity (IRC §1202) through TY2025 | Conforms for TY2025; decoupled by SB 1507 (2026 Or. Laws Ch. 142) for TY2026 forward (addback required) | sources (1)ORS 316.048 · high confidence · as of 2026-06-22 · TY 2025 Oregon conforms to IRC §1202 QSBS gain exclusion through TY2025 via rolling IRC conformity (ORS 316.048) The entire taxable income of a resident of this state is the federal taxable income of the resident as defined in the laws of the United States, with the modifications, additions and subtractions provided in this chapter and other laws of this state applicable to personal income taxation. Note: ORS 316.048 rolling conformity incorporated IRC §1202 QSBS through TY2025. SB 1507 (2026 Or. Laws Ch. 142) decoupled Oregon from §1202 for tax years beginning on or after January 1, 2026; see or-qsbs-nonconformity (value 0, effectiveDate 2026-01-01). Verbatim quote verified against oregonlegislature.gov ORS 316 (2025 Edition). https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| qsbs-conformity | QSBS conformity (IRC §1202) effective TY2026 | Non-conforms effective TY2026: SB 1507 (2026 Or. Laws Ch. 142) adds back QSBS gain excluded from federal income | sources (1)2026 Or. Laws Ch. 142 (SB 1507); ORS 316.048 · medium confidence · as of 2026-07-20 · TY 2026 Oregon decoupled from IRC §1202 QSBS exclusion effective TY2026 (SB 1507) There shall be added to federal taxable income an amount equal to any gain from the exchange or sale of qualified small business stock that is received by the taxpayer and excluded from income on the taxpayer's federal income tax return in the tax year, as provided in section 1202 of the Internal Revenue Code. Note: Verbatim from SB 1507 (2026 Or. Laws Ch. 142), §5 (the §1202 addback), which decouples Oregon from the QSBS exclusion for tax years beginning on or after January 1, 2026. A prior version paraphrased the provision ('Notwithstanding ORS 316.048...'); corrected to the enacted text. The URL points to the codified ORS 316 chapter pending the enrolled bill's codification. https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| agency-obligations | FNMA/FHLMC bond interest | Taxable: ORS §316.654 subtraction requires interest be 'exempt from state income taxes under the laws of the United States'; FNMA/FHLMC have no federal bondholder exemption statute | sources (1)ORS §316.654 · high confidence · as of 2026-06-22 · TY 2025 Oregon subtraction for U.S. obligation interest requires exemption from state income taxation under federal law; FNMA and FHLMC have no such federal bondholder exemption There shall be subtracted from federal taxable income of a resident individual interest or dividends on obligations of the United States, or of any authority, commission, or instrumentality of the United States, to the extent the interest or dividends are exempt from state income taxes under the laws of the United States. Note: ORS §316.654 subtraction requires interest be 'exempt from state income taxes under the laws of the United States.' FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) have no bondholder exemption statute, so their interest is not subtractable and is taxable in Oregon. https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| dividend-qualified | Qualified dividend rate (IRC §1(h)(11)) | Ordinary rate: Oregon has no IRC §1(h)(11) preferential rate; qualified dividends taxed at ordinary rates up to 9.9% plus local surcharges | sources (1)ORS §316.037(1)(a); ORS §316.042 (MFJ doubling rule) · high confidence · as of 2026-07-02 · TY 2025 Oregon income tax rates: 4.75%/6.75%/8.75%/9.9% graduated; MFJ thresholds double single per ORS §316.042 316.037 Imposition and rate of tax. (1)(a) A tax is imposed for each taxable year on the entire taxable income of every resident of this state. The amount of the tax shall be determined in accordance with the following table: ... Over $125,000 $10,798 plus 9.9% of the excess over $125,000 ... (b) For tax years beginning in each calendar year, the Department of Revenue shall adopt a table that shall apply in lieu of the table contained in paragraph (a) of this subsection Note: The quoted §316.037(1)(a) table carries the statutory base amounts; §316.037(1)(b) directs the Department of Revenue to adopt an annual COLA-adjusted table in its place, and the TY2025 figures are published in the OR-40 instructions (Oregon DOR). Rates are 4.75%, 6.75%, 8.75%, and 9.9%. Capital gains taxed as ordinary income, no LT preference. Federal tax deduction: Sch. OR-A line 5a, capped at $8,500 (MFJ/Single/HOH) or $4,250 (MFS) per TY2025 OR-40 page 4. MFJ doubling rule: ORS §316.042 provides that the tax imposed on a joint return shall be twice the tax which would be imposed if the taxable income were cut in half. https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| treasury | U.S. Treasury interest | Exempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds) | sources (1)31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025 U.S. Treasury interest exempt from Oregon income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124 |
| fhlb-ffcb | FHLB and FFCB bond interest | Exempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities | sources (2)12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025 FHLB and FFCB bond interest exempt from Oregon income tax: federal enabling statutes mandate state tax exemption Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority. Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025 Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124). Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim |
| carryback | Capital loss carryback | None: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| character | Long-term capital gains treatment | Ordinary rate: no preferential long-term rate; capital gains taxed as ordinary income up to 9.9% plus Portland metro/PFA surcharges (ORS §316.037) | sources (1)ORS §316.037(1)(a); ORS §316.042 (MFJ doubling rule) · high confidence · as of 2026-07-02 · TY 2025 Oregon income tax rates: 4.75%/6.75%/8.75%/9.9% graduated; MFJ thresholds double single per ORS §316.042 316.037 Imposition and rate of tax. (1)(a) A tax is imposed for each taxable year on the entire taxable income of every resident of this state. The amount of the tax shall be determined in accordance with the following table: ... Over $125,000 $10,798 plus 9.9% of the excess over $125,000 ... (b) For tax years beginning in each calendar year, the Department of Revenue shall adopt a table that shall apply in lieu of the table contained in paragraph (a) of this subsection Note: The quoted §316.037(1)(a) table carries the statutory base amounts; §316.037(1)(b) directs the Department of Revenue to adopt an annual COLA-adjusted table in its place, and the TY2025 figures are published in the OR-40 instructions (Oregon DOR). Rates are 4.75%, 6.75%, 8.75%, and 9.9%. Capital gains taxed as ordinary income, no LT preference. Federal tax deduction: Sch. OR-A line 5a, capped at $8,500 (MFJ/Single/HOH) or $4,250 (MFS) per TY2025 OR-40 page 4. MFJ doubling rule: ORS §316.042 provides that the tax imposed on a joint return shall be twice the tax which would be imposed if the taxable income were cut in half. https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| estate-rate | Estate tax top marginal rate (TY2025) | Graduated rates on Oregon taxable estate above $1,000,000; see ORS § 118.010 for current bracket thresholds | sources (1)ORS Chapter 118 (ORS 118.010, 118.160) · high confidence · as of 2026-06-22 · TY 2025 Oregon estate tax: 10% to 16% graduated on entire taxable estate; $1,000,000 exemption (fixed, not inflation-adjusted) If the Oregon taxable estate is at least the amount in column 1, but less than the amount in column 2, the tax is the amount in column 3, increased by the excess above the amount in column 1 multiplied by the percentage in column 4; An estate tax return is not required with respect to the estates of decedents who die on or after January 1, 2012, unless the value of the gross estate is $1 million or more. Note: Oregon imposes estate tax with graduated rates from 10% to 16% (top rate on estates exceeding $9.5M). The $1,000,000 exemption is fixed (not inflation-adjusted) per ORS 118.160(1)(c). Verbatim quotes verified against oregonlegislature.gov ORS 118 (2025 Edition). https://www.oregonlegislature.gov/bills_laws/ors/ors118.html |
| estate-exemption | Estate tax exemption (TY2025) | $1,000,000 fixed exemption; not inflation-adjusted; lowest estate tax exemption among U.S. states with an estate tax (ORS Chapter 118) | sources (1)ORS Chapter 118 (ORS 118.010, 118.160) · high confidence · as of 2026-06-22 · TY 2025 Oregon estate tax: 10% to 16% graduated on entire taxable estate; $1,000,000 exemption (fixed, not inflation-adjusted) If the Oregon taxable estate is at least the amount in column 1, but less than the amount in column 2, the tax is the amount in column 3, increased by the excess above the amount in column 1 multiplied by the percentage in column 4; An estate tax return is not required with respect to the estates of decedents who die on or after January 1, 2012, unless the value of the gross estate is $1 million or more. Note: Oregon imposes estate tax with graduated rates from 10% to 16% (top rate on estates exceeding $9.5M). The $1,000,000 exemption is fixed (not inflation-adjusted) per ORS 118.160(1)(c). Verbatim quotes verified against oregonlegislature.gov ORS 118 (2025 Edition). https://www.oregonlegislature.gov/bills_laws/ors/ors118.html |
| marital-udcprda | State adopted Uniform Disposition of Community Property Rights Act | Yes: Oregon enacted the Uniform Disposition of Community Property Rights at Death Act (ORS 112.705-112.775); recognizes community property character of assets brought from CP states; at death, one-half passes to surviving spouse outside decedent's estate | sources (1)ORS 112.705 · high confidence · as of 2026-06-22 · TY 2025 Oregon Uniform Disposition of Community Property Rights at Death Act: short title (Oregon's UDCPRDA enactment) ORS 112.705 to 112.775 may be cited as the Uniform Disposition of Community Property Rights at Death Act. Note: Oregon enacted the Uniform Disposition of Community Property Rights at Death Act (ORS 112.705-112.775). This common-law-state statute recognizes and preserves the community property character of assets when a married couple moves to Oregon from a community property state. Key effect: at death, one-half of such property belongs to the surviving spouse and passes outside the decedent's estate plan. Verbatim quote verified against oregonlegislature.gov ORS 112 (2025 Edition). https://www.oregonlegislature.gov/bills_laws/ors/ors112.html |
| filing-status-doubled | MFJ brackets double Single brackets | Yes: ORS §316.042 provides that the tax on a joint return is twice the tax on half the taxable income; MFJ bracket thresholds are exactly double Single thresholds (marriage neutral on the graduated schedule) | sources (1)ORS §316.037(1)(a); ORS §316.042 (MFJ doubling rule) · high confidence · as of 2026-07-02 · TY 2025 Oregon income tax rates: 4.75%/6.75%/8.75%/9.9% graduated; MFJ thresholds double single per ORS §316.042 316.037 Imposition and rate of tax. (1)(a) A tax is imposed for each taxable year on the entire taxable income of every resident of this state. The amount of the tax shall be determined in accordance with the following table: ... Over $125,000 $10,798 plus 9.9% of the excess over $125,000 ... (b) For tax years beginning in each calendar year, the Department of Revenue shall adopt a table that shall apply in lieu of the table contained in paragraph (a) of this subsection Note: The quoted §316.037(1)(a) table carries the statutory base amounts; §316.037(1)(b) directs the Department of Revenue to adopt an annual COLA-adjusted table in its place, and the TY2025 figures are published in the OR-40 instructions (Oregon DOR). Rates are 4.75%, 6.75%, 8.75%, and 9.9%. Capital gains taxed as ordinary income, no LT preference. Federal tax deduction: Sch. OR-A line 5a, capped at $8,500 (MFJ/Single/HOH) or $4,250 (MFS) per TY2025 OR-40 page 4. MFJ doubling rule: ORS §316.042 provides that the tax imposed on a joint return shall be twice the tax which would be imposed if the taxable income were cut in half. https://www.oregonlegislature.gov/bills_laws/ors/ors316.html |
| migration-loss-conformity | Migration loss carryforward conformity | Recalculate: Oregon requires an Oregon-source recomputation; a capital-loss carryforward not attributable to Oregon sources cannot be used to reduce a capital gain attributable to Oregon sources (OAR 150-316-0006(1)(c)). | sources (1)OAR 150-316-0006(1)(c) · high confidence · as of 2026-06-30 · TY 2025 Oregon recomputes a migrating resident's capital-loss carryforward on an Oregon-source basis The capital loss or capital loss carryforward not attributable to Oregon sources cannot be used to reduce a capital gain attributable to Oregon sources. Note: OAR 150-316-0006(1)(c) provides that a capital loss carryforward not attributable to Oregon sources cannot reduce an Oregon-source capital gain, so a migrating resident keeps a separate Oregon-source loss bank rather than importing the federal carryforward wholesale. Verbatim text confirmed against the live OAR in this session. https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=238483 |