You have two options to file a protective claim. You can use
the same form type as originally filed, check the "Amended" box, and
show the computation of refund claim. You can also send a letter with
IMPORTANT: Amended tax returns using the compact apportionment
election will be denied unless identified and filed as a protective
claim as shown above.
Oregon Supreme Court: Minimum tax can be reduced by credits
Only for tax years beginning before January 1, 2015.
The Oregon Supreme Court upheld the judgment of the Oregon Tax
Court and ruled that a Business Energy Tax Credit (BETC) may be allowed
against the corporation minimum tax. The decision (Con-way, Inc. &
Affiliates v. Dept of Revenue, SC S060141) addressed only the BETC, but
we’re interpreting the ruling to broadly apply to corporation tax
credits allowed against taxes imposed under ORS Chapter 317. There are
two credits that are specifically prohibited from being allowed against
the minimum tax:
If the refund statute of limitations is still open, you can file an
amended corporation tax return to apply tax credits against the
corporation minimum tax. We can process the amended return and issue a
To file your amended return, use the form and instructions from the
year you're amending. For tax years 2012 and prior, use the
modifications below. You may need to override computations made by your
Line 16 Excise tax: Enter the greater of calculated tax or minimum tax.
Lines 29 and 31 are no longer limited by minimum tax. Don’t enter less than zero.
Line 22 Excise tax: Enter the greater of calculated tax or minimum tax.
Line 29 is no longer limited by minimum tax. Do not enter less than zero.
The $150 minimum tax for S corporations can’t be reduced by credits (ORS 314.752
Attach a schedule showing the credit(s) being claimed. For more information, see each year's form instructions.
Excise or income tax
Oregon has two types of corporate taxes: excise and income. Excise
tax is the most common. Most corporations don't qualify for Oregon's
Excise tax is a tax for the privilege of carrying on or doing
business in Oregon. It’s measured by net income. Income tax is for
corporations not carrying on or doing business in Oregon, but with
income from an Oregon source.
Any corporation doing business in Oregon is required to register
with the Secretary of State Corporation Division and file corporate
excise tax returns.
If your registered corporation or insurance company isn't carrying
on or doing business in Oregon and has no Oregon-source income, then you
don't need to file a corporation tax return.
Are you looking for filing or entity type information? Search our Corporation tax forms
to get specific instructions on topics such as:
- Consolidated returns
- Unitary business
- Separate returns
- Other entities
- Assembling returns
- Submitting returns
Get information on extension filing and due dates in our FAQ center