What additions are used to modify the federal Passive Activity Losses for Oregon?

Some common additions for passive activity losses taken on your federal return include the following:
  • Interest or dividends on obligations of another state, provided the interest or dividends are derived in the ordinary course of the passive activity
  • Depletion in excess of the adjusted basis of property, if the property is used in the passive activity
  • Gain on voluntary or involuntary conversions or exchanges of Oregon property reinvested outside Oregon when no election is made to defer it, if the property disposed of was used in the passive activity
Some other additions that modify the federal Passive Activity Losses for Oregon include, but are not limited to:
  • Difference in depreciation of assets used in the passive activity
  • Difference in basis, upon the taxable sale, exchange, or disposition by the taxpayer of an asset used in the passive activity
  • Dividends from public utility stock, provided the dividends are derived in the ordinary course of the passive activity
  • Deferral of gain on the sale of small business securities if the securities were held or sold in the ordinary course of the passive activity
  • Deferral of gain on the sale of capital assets, if the assets were held or sold in the ordinary course of the passive activity
Oregon Part-Year Residents
Losses resulting from passive activities carried on during the period the taxpayer is a resident as well as those derived from or connected with Oregon sources during the period the taxpayer is a nonresident are deductible for Oregon purposes. Include in your calculation any additions related to passive activities while you were an Oregon resident, as well as any additions related to the time you were a nonresident that derived from Oregon sources.

Oregon Nonresidents
Losses resulting from passive activities derived from or connected with sources outside of Oregon are not deductible for Oregon purposes, regardless of a later change in the taxpayer's residency. Include in your calculation any additions related to passive activities that are derived from Oregon sources.

For more information, see OAR 150-314-0110.

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