ORS 316.037: Imposition and rate of tax.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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: ______________________________________________________________________________ If taxable income is: The tax is: Not over $2,000 4.75% of taxable income Over $2,000 but not over $5,000 $95 plus 6.75% of the excess over $2,000 Over $5,000 but not over $125,000 $298 plus 8.75% of the excess over $5,000 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, as follows: (A) Except as provided in subparagraph (D) of this paragraph, the minimum and maximum dollar amounts for each bracket for which a tax is imposed shall be increased by the cost-of-living adjustment for the calendar year. (B) The rate applicable to any rate bracket as adjusted under subparagraph (A) of this paragraph may not be changed. (C) The amounts setting forth the tax, to the extent necessary to reflect the adjustments in the rate brackets, shall be adjusted. (D) The rate brackets applicable to taxable income in excess of $125,000 may not be adjusted. (c) For purposes of paragraph (b) of this subsection, the cost-of-living adjustment for any calendar year is the percentage (if any) by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year exceeds the monthly averaged index for the second quarter of the calendar year 1992. (d) As used in this subsection, “U.S. City Average Consumer Price Index” means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor. (e) If any increase determined under paragraph (b) of this subsection is not a multiple of $50, the increase shall be rounded to the next lower multiple of $50. (2) A tax is imposed for each taxable year upon the entire taxable income of every part-year resident of this state. The amount of the tax shall be computed under subsection (1) of this section as if the part-year resident were a full-year resident and shall be multiplied by the ratio provided under ORS 316.117 to determine the tax on income derived from sources within this state. (3) A tax is imposed for each taxable year on the taxable income of every full-year nonresident that is derived from sources within this state. The amount of the tax shall be determined in accordance with the table set forth in subsection (1) of this section. [1969 c.493 §11; 1975 c.674 §1; 1977 c.872 §1; 1979 c.649 §1; 1983 c.684 §23; 1985 c.141 §1; 1987 c.293 §6; 1991 c.457 §1b; 2001 c.660 §11; 2003 c.46 §37; 2009 c.746 §§1,2; 2019 c.122 §56]
Administrative rules citing this section
This rule cites
- ORS 316.117 — resolved
Cited by
- ORS 314.781: Withholding; required returns and statements; pass-through entity liability.
- ORS 316.042: Amount of tax where joint return used.
- ORS 316.043: Tax rates allowed for certain qualifying income; conditions; election.
- ORS 316.045: Tax rate imposed on certain long-term capital gain from farming; requirements.
- ORS 316.122: Separate or joint determination of income for spouses in a marriage.
- ORS 316.362: Persons required to make returns.
- ORS 327.001: Fund for Student Success; transfers.
- OAR 150-314-0520: Pass-through Entity Withholding Requirements
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors316.html