ORS 316.102
Credit for political contributions

A credit against taxes shall be allowed for voluntary contributions in money made in the taxable year:

(a)

To a major political party qualified under ORS 248.006 (Qualification and maintenance of status as major political party) or to a committee thereof or to a minor political party qualified under ORS 248.008 (Qualification as minor political party) or to a committee thereof.

(b)

To or for the use of a person who must be a candidate for nomination or election to a federal, state or local elective office in any primary election, general election or special election in this state. The person must, in the calendar year in which the contribution is made, either be listed on a primary election, general election or special election ballot in this state or have filed in this state one of the following:

(A)

A prospective petition;

(B)

A declaration of candidacy;

(C)

A certificate of nomination; or

(D)

A designation of a principal campaign committee.

(c)

To a political committee, as defined in ORS 260.005 (Definitions), if the political committee has certified the name of its treasurer to the filing officer, as defined in ORS 260.005 (Definitions), in the manner provided in ORS chapter 260.

(2)

The credit allowed by subsection (1) of this section shall be the lesser of:

(a)

The total contribution, not to exceed $100 on a joint return or $50 on any other type of return; or

(b)

The tax liability of the taxpayer.

(3)

A taxpayer may not claim the credit allowed under this section if the taxpayer has federal adjusted gross income in excess of $150,000 on a joint return or $75,000 on any other type of return.

(4)

The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made. [1969 c.432 §2; 1973 c.119 §3; 1975 c.177 §1; 1977 c.268 §1; 1979 c.190 §413; 1985 c.802 §6; 1987 c.293 §16; 1989 c.986 §1; 1993 c.797 §27; 1995 c.1 §19; 1995 c.712 §104; 1999 c.999 §27; 2013 c.750 §6; 2019 c.579 §49] Note: Section 34, chapter 913, Oregon Laws 2009, provides: Sec. 34. (1) A credit may not be claimed under ORS 316.102 (Credit for political contributions) for tax years beginning on or after January 1, 2026.

(2)

The amendments to ORS 316.102 (Credit for political contributions) by section 49 of this 2019 Act apply to tax years beginning on or after January 1, 2020, and before January 1, 2026. [2009 c.913 §34; 2013 c.750 §7; 2019 c.579 §48]

Notes of Decisions

Selective availability of contributor tax credit does not coerce candidates to refrain from expenditures and therefore does not violate free expression rights under Article I, section 8. VanNatta v. Keisling, 324 Or 514, 931 P2d 770 (1997)

Attorney General Opinions

Constitutionality of tax credit for political campaign contributions on condition recipient limit campaign expenditures, (1981) Vol 42, p 47