- (1) “Commercial activity” means the fair market value of all amounts realized in the regular course of a taxpayer’s trade or business that meet the “transactional test” in OAR 150-314-0335(5).
- (2) “Amounts realized” means all items of value received in a trade or business, including but not limited to money, property received, debt forgiven and services rendered.
- (3) Commercial activity does not include amounts that meet the “functional test” in OAR 150-314-0335(6) unless the amount in question meets the definition of commercial activity pursuant to section (1) of this rule.
- (4) The definition of commercial activity is not based on or tied to the definition of gross income in IRC section 61.
(5) Commercial activity is realized when a taxpayer realizes the amount in question pursuant to the method of accounting used by a taxpayer for federal income tax purposes.
[Publications: Contact the Oregon Department of Revenue for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule pursuant to ORS 183.360(2) and ORS 183.355(1)(b).]
Statutory/Other Authority
ORS 305.100 & 317A.143
Statutes/Other Implemented
ORS Chapter 317A
History
REV 11-2020, adopt filed 06/24/2020, effective 06/28/2020
REV 15-2019, temporary adopt filed 12/30/2019, effective 01/01/2020 through 06/28/2020