1. (1) For purposes of determining an insurer’s commercial activity subject to the Corporate Activity Tax, “insurance premiums” are the following premiums received by an insurer, unless otherwise excluded under ORS 317A.100:

   1. (a) All gross direct life, gross direct accident and health, and gross direct property and casualty insurance premiums written, as reported on the statement of premiums accompanying the annual statement required to be filed with the Director of the Department of Consumer and Business Services under ORS 731.574 that allocate premiums by jurisdiction.
   2. (b) The gross amount of surplus lines insurance premiums written on Oregon home state risks, as shown in the report required by ORS 735.465.
2. (2) The Corporate Activity Tax described in ORS 317A.100(1)(a)(C) applies to insurers that meet that definition under ORS 317A.100(10) and that receive the insurance premiums described in section (1) of this administrative rule; for tax year 2020, the provisions in ORS 731.840 do not apply to the Corporate Activity Tax.

3. (3) For tax years beginning on or after January 1, 2021, foreign and alien insurers that are subject to the retaliatory tax imposed under ORS 731.854 and 731.859 are “excluded persons” and are not subject to the Corporate Activity Tax.

   [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.128 & 317A.143

Statutes/Other Implemented

ORS 317A.100 & 317A.128

History

REV 17-2021, amend filed 12/15/2021, effective 01/01/2022
REV 9-2021, adopt filed 06/28/2021, effective 07/01/2021
REV 3-2021, temporary adopt filed 01/27/2021, effective 02/01/2021 through 07/30/2021