A blank form for that tax year You must complete another Form 40N or 40P for the year the income was taxed and
A copy of your Oregon tax return for the year the income was taxed plus any amended returns or adjustment notices
claim of right
Form 40 or 40S filers:
Form 40N or 40P filers:
Oregon tax tables or rate charts from the year the income was taxed
Yes Enter zero
$1 780
$10 000 of the compensation he repaid was taxable to Oregon He worked part of the time in Oregon during that year and the
$11 787
$135 900
$2 163
$3 783
$30 000
$30 000 as a negative amount on the other deduction and modification line (line 46) of her 2012 Oregon Form 40N using
$4 735
$40 000
$42 000
$8 000
(Clear form) Clear form
(Form 40N line 53 or Form 40P line 52) This is your Oregon tax before credits
(line 46) Clearly place a minus sign in front of the number Use modification code 649 If you have more than one other
(text)
(text)
(text)
(text)
(text)
(text)
(text)
(text)
(text)
(text)
(text)
(text)
*For tax year 2012 and prior add the special medical deduction claimed on line 46 to the amount on line 43
[Addition code 103] [Modification code 649]
1 780
1 800 356 4222 (toll free from an Oregon prefix)
1 Form 40 filers Enter your net Oregon itemized deductions from line 25
1 Form 40 filers Enter your net Oregon itemized deductions from line 25
10 000
11 763
12 000
12 213
140 635
2 003
2 491
2011 Because Adam claimed the deduction on his 2012 federal return he must fill out the addition worksheet and complete
2013 federal return Her 2010 Oregon tax return was not amended or adjusted and it shows Oregon taxable income of $40 000
3 000
3 265
3 391
3 470
30 000
4 470
4 735
40N line 53 or Form 40P line 52) This is your Oregon tax before credits after
40P line 52 4
40P line 52) 5
40P line 52) 5
43* 1
43* 1
5 000
5 250
5 370
5 870
5 Is line 3 larger than line 4?
5 Is line 3 larger than line 4?
6 766
6 of the addition worksheet Otherwise enter the amount of the claim of right
A line 28 2
A line 28 2
Adam uses the worksheet from page 1 and calculates the credit as $450 the difference he paid in tax on this income for
Add lines 1 and 2 This is your Oregon taxable income with the required
adding back the federal deduction 1
Addition
addition when claiming the credit instead 3
Addition worksheet for deduction on Schedule A
adjusted (Form 40 line 32; Form 40S line 13; Form 40N line 53; or Form 40P
allowing the deduction to flow through 4
amount deducted or the amount from line 6 of the addition worksheet (page 4) Remember if your federal deduction is
amount of $30 000 Next she ll complete the deduction worksheet
amount on the estimated payment line the year you made the repayment and
amount on the estimated payment line the year you made the repayment and
amount on the estimated payment line the year you made the repayment and
and decreases his Oregon tax to $5 870 Chris original tax was $6 766
and Oregon tax before credits of $3 391 (Form 40 line 32)
any other items on the return but do recalculate amounts using the revised Oregon percentage Complete the return
as an itemized deduction on her 2012 federal Schedule A Now she needs to decide whether to let the federal Schedule A
as an itemized deduction on her 2012 federal Schedule A She has no Oregon source income in 2012 so she would not benefit
Asistencia en espa ol: Americans with Disabilities Act (ADA): Call one of the help
Because line 4 is more than line 3 Megan benefits more by claiming the credit for Oregon Therefore Megan will enter
Because line 7 is more than line 6 Adam benefits more by claiming the credit for Oregon Therefore he will claim the addition
been without the income you repaid
been without the income you repaid
been without the income you repaid
before credits on Form 40N line 53 is $3 783 Megan completes a second 2012 Form 40N with the federal deduction included
Before Megan can complete the deduction worksheet she must complete two 2012 Oregon Form 40N returns The first return
bracket in 2012 than he was for 2011 For Oregon he needs to determine whether he should allow the deduction to flow
Calculate the tax for the Oregon taxable income on line 1 This is your Oregon
Calculate the tax using the tax tables or rate charts for the taxable income on
calculating the credit 2
calculating the credit 2
check the box (Form 40 line 43; Form 40N or 40P line 60) 6
check the box (Form 40 line 43; Form 40N or 40P line 60) 6
check the box (Form 40 line 43; Form 40N or 40P line 60) 6
choose which option is more beneficial for your Oregon return If you let the federal deduction flow through you don t need
Chris will include his $896 credit on line 43 of his 2013 Form 40 (the year he repaid the income) and check the box labeled
claim a credit on your Oregon return if you have a claim of right deduction or credit on your federal return under IRC 1341
Claim of Right
Claim of Right credit
Claim of Right credit instead of allowing the deduction to flow through 6
Claim of Right credit instead of allowing the deduction to flow through 6
Claim of Right credit on his 2013 federal return During 2007 Chris filed an Oregon nonresident return (Form 40N) In 2007
Claim of Right credit worksheet
Claim of Right deduction
claim of right deduction 3
claim of right deduction 3
claimed on Schedule A the Oregon addition is claimed on line 46 Form 40N or 40P (code 649) as a negative amount so be
Compare lines 3 and 4 If line 4 is the same or less than line 3 do not claim the credit on the Oregon return Instead allow
Compare lines 6 and 7 If line 7 is the same or less than line 6 do not claim the credit on the Oregon return Instead allow
Complete two Oregon 40N or 40P tax returns for the year you repaid the income On the first return add back the federal
Complete your Oregon Form 40 through line 28 (for the tax year the repayment was made) allowing the federal deduction
Corporations may file for relief of tax on repaid income Refer to Oregon Form 20 instructions
credit on line 43 of her 2013 Form 40 (the year she repaid the income) and check the box labeled claim of right
deduction and modification you will need to use Schedule OR ASC N/P
Deduction comparison worksheets
deduction flow through for Oregon or claim the credit When she refigures her 2009 Oregon Form 40N tax for the credit
deduction from your federal return 2
deduction on Schedule A your addition may be less Use the addition worksheet below to figure the Oregon addition required
Deduction worksheet for Form 40 filers
Deduction worksheet for Form 40N or 40P filers
Did you repay over $3 000 during the year that you reported as taxable income in an earlier year? If so you may be able to
During 2013 Chris was a full year resident and repaid $25 000 of compensation originally received in 2007 He claimed the
During 2013 Theresa was a full year resident and repaid $5 000 of pension income originally received in 2010 During 2010
En Salem o fuera de Oregon 503 378 4988 numbers above for information in alternative formats
Enter the amount from the tax before credits line from the first return (Form
Enter the amount from the tax before credits line from the second return
Enter the amount of income you repaid in the tax year for which you are
Enter the amount of income you repaid in the tax year for which you are
Enter the amount of income you repaid in the tax year for which you are calculating
Enter the claim of right credit from line 6 of the credit worksheet (page 1) 2
Enter the claim of right credit from line 6 of the credit worksheet (page 1) 5
Enter the federal deduction for claim of right included on federal Schedule
Enter the federal deduction for claim of right included on federal Schedule
Enter your Oregon standard deduction (Form 40 line 26; Form 40N or 40P
Enter your Oregon standard deduction (Form 40 line 26; Form 40N or 40P
Enter your Oregon tax before credits from the return you filed as amended
Enter your Oregon tax before credits from the return you filed as amended
Enter your Oregon tax before credits from the return you filed as amended or
Enter your Oregon taxable income as amended or adjusted for the year the
Enter your Oregon taxable income as amended or adjusted for the year the
Enter your Oregon taxable income as amended or adjusted for the year the
Enter your Oregon taxable income from Form 40 line 28 1
Example 1
Example 1: Sophie s Claim of Right credit worksheet
Example 2
Example 2: Chris Claim of Right credit worksheet
Example 3
Example 4
Example 4: Adam s addition worksheet for deduction on Schedule A
Example 5
Example 5: Adam s deduction worksheet
Example 6
Example 6: Megan s addition worksheet for deduction on Schedule A
Example 6: Megan s claim of right credit worksheet
Example 6: Megan s deduction worksheet
Example 7
Example 7: Shannon s claim of right credit worksheet
federal deduction see page 4 To calculate the credit you will need the following:
filers skip to line 4 1
filers skip to line 4 1
filers skip to line 4 1
for each tax year to determine the credit for each tax year Then claim the total of all credits on your return the year you
For tax year
Form 40 filers enter the amount from line 6 as an other addition (line 10) Use addition code 103
Form 40 or 40S filers Enter the tax from the tax tables or rate charts for the
Form 40 or 40S filers Enter the tax from the tax tables or rate charts for the
Form 40 or 40S filers Enter the tax from the tax tables or rate charts for the
Form 40N or 40P filers enter the amount from line 6 as a negative amount on the other deduction and modification line
Form 40N or 40P filers Enter your Oregon itemized deductions from line
Form 40N or 40P filers Enter your Oregon itemized deductions from line
Form 40N or 40P filers Enter your Oregon tax before credits from the return
Form 40N or 40P filers Enter your Oregon tax before credits from the return
Form 40N or 40P filers Enter your Oregon tax before credits from the return
Form 40N using modification code 649 Then she ll include the claim of right credit of $900 on line 60 and check box 60b to
Form 40P line 52) 4
Form 40P line 52) 4
from allowing the deduction to flow through to her Oregon return and will instead claim the Oregon credit
General tax information www oregon gov/dorTTY (hearing or speech impaired; machine only):
Gratis de prefijo de Oregon 1 800 356 4222
Have questions? Need help?
his 2007 return with $200 000 in the federal column and $70 000 in the Oregon column This changes his Oregon percentage
If the credit results in less tax you can claim the Oregon credit You must add back any federal deduction to claim the credit
If you claimed a credit on your federal return follow these instructions to calculate your Oregon credit If you claimed a
If you claimed a deduction on your federal return for your repayment that was over $3 000 and was previously taxed by
If you claimed a federal deduction for the repayment on your federal return you have a choice of how to claim it on your
If you completed the addition worksheet (page 4) enter the amount from line
If you have questions or need more information visit our website at www oregon gov/dor Or call 503 378 4988 (Salem) or
In 2007 he originally had wages of $225 000 in the federal column and $80 000 in the Oregon column Chris will refigure
in 2009 and $20 000 of the compensation she repaid was taxable to Oregon Megan claimed the $30 000 repayment
In 2012 Adam was required to repay $5 000 of unemployment income from 2011 On his 2012 federal return he included
In 2012 Megan an Oregon nonresident repaid $30 000 of compensation originally received in 2009 She was also a nonresident
In 2013 Sophie repaid $10 000 of pension income originally received in 2010 She claimed the Claim of Right credit on her
in each column Complete the return through the Oregon tax before credits line (Form 40N line 53 or Form 40P line 52)
in itemized deductions and determines her tax before credits is $2 163
in the Oregon column to recalculate his tax without the income that was repaid This may change his Oregon percentage as
Income Repayments
income was taxed (Form 40 line 28 or Form 40S line 12) Form 40N or 40P
income was taxed (Form 40 line 28 or Form 40S line 12) Form 40N or 40P
income was taxed (Form 40 line 28 or Form 40S line 12) Form 40N or 40P
income was taxed This is what your Oregon tax before credits would have
income was taxed This is what your Oregon tax before credits would have
income was taxed This is what your Oregon tax before credits would have
indicate that she has a claim of right credit
instead His 2012 federal itemized deductions of $20 000 less $12 000 of Oregon taxes leaves him Oregon itemized deductions
Line 1 minus line 2 This is your Oregon itemized deductions without the
Line 1 minus line 2 This is your Oregon itemized deductions without the
Line 1 minus line 2 This is your Oregon tax before credits minus the claim
Line 1 minus line 2 This is your Oregon taxable income without the
Line 1 minus line 2 This is your Oregon taxable income without the
Line 1 minus line 2 This is your Oregon taxable income without the
Line 2 minus line 5 This is your Oregon addition if you take the Oregon
Line 2 minus line 5 This is your Oregon addition if you take the Oregon
line 3 Be sure to use the current year tables or charts for the year you repaid
Line 4 minus line 5 This is your Oregon tax before credits minus the claim
line 44) 4
line 44) 4
Line 5 minus line 4 This is your Oregon claim of right credit Include this
Line 5 minus line 4 This is your Oregon claim of right credit Include this
Line 5 minus line 4 This is your Oregon claim of right credit Include this
line 52) 5
made the repayment
Megan completes the worksheet and determines that the tax difference in 2009 on the $20 000 of repaid income is $1 780
Megan s 2012 Oregon claim of right credit is $1 780
modification code 649 Then she ll include the claim of right credit of $1 780 on line 60 and check box 60b to indicate that
More than one tax year repaid If you repaid income from more than one tax year complete a separate credit worksheet
No Enter line 4 minus line 3 5
No Enter line 4 minus line 3 5
Now Megan needs to use the addition worksheet to figure the Oregon addition required if she takes the Oregon claim of
Now we ll see if Adam from example 4 benefits more from allowing the federal deduction to flow through from his federal
of $4 735 on Form 40 (addition code 103) on his 2012 Oregon return Then he ll include the claim of right credit of $450
of $8 000
of right credit 3
of right credit 6
on her 2013 Oregon return for the pension income she repaid during 2013 because Oregon did not tax the income in 2010
on line 43 and check box 43b to indicate that he has a claim of right credit
On the second return allow the federal deduction to flow through to Oregon and complete the return through the Oregon
on your Oregon return To see which option is best first calculate your credit on the credit worksheet on page 1 Then if
only has to add back the benefit received of $4 735 Next he ll complete the deduction worksheet below
or adjusted (Form 40 line 32; Form 40S line 13; Form 40N line 53; or Form
or adjusted (Form 40 line 32; Form 40S line 13; Form 40N line 53; or Form
Oregon claim of right credit Remember you must add back the federal deduction to claim the credit
Oregon instead Unless otherwise stated all references are to the tax year when you repaid the income
Oregon return The federal deduction can flow through to your Oregon return or you can claim the credit instead You can
Oregon taxable income on line 3 Use the tables or charts from the year the
Oregon taxable income on line 3 Use the tables or charts from the year the
Oregon taxable income on line 3 Use the tables or charts from the year the
Oregon to calculate the tax difference She will use the claim of right credit worksheet to determine her 2012 Oregon credit
Oregon use the appropriate worksheet below depending on the type of form you re filing for the year of the repayment
ORS 315 068
otherwise stated all references are to the tax year when you repaid the income
part year resident in 2011 and all of the income she repaid was taxable to Oregon Shannon claimed the $10 000 repayment
purpose of calculating claim of right
reduce your Oregon and federal income by the repaid amount This is the only difference between this return and the
repaid income 3
repaid income 3
repaid income 3
Repayments of $3 000 or less do not qualify for an Oregon credit
required complete the addition worksheet (below) Finally complete the deduction worksheet for your form type on page 5
rest in Washington Chris will refigure his 2007 Oregon Form 40N minus $25 000 in the federal column and minus $10 000
return you filed (including amendments or adjustments) Your Oregon percentage will likely change Do not adjust
right credit
Salem 503 378 4988 Salem area or outside Oregon 503 945 8617
Schedule A or claiming the credit for Oregon instead
Shannon an Oregon nonresident repaid $10 000 in 2012 of Oregon unemployment originally received in 2011 She was a
Shannon must complete another 2011 Oregon Form 40P return through line 52 and reduce the income in both the Federal and
Shannon will enter $10 000 as a negative amount on the other deduction and modification line (line 46) of her 2012 Oregon
she completes is a 2012 Form 40N adding back the federal deduction as a negative amount on line 46 using code 649 Her tax
she filed an Oregon nonresident return (Form 40N) and had no income taxable to Oregon Theresa cannot claim a credit
she has a claim of right credit
she repaid) would have been $2 491 This is a difference of $900 (line 6 of the credit worksheet) Sophie will include her $900
Since Adam s itemized deductions would have been less than his standard deduction of $3 265 his addition is reduced He
Since Megan s itemized deductions are still more than the standard deduction she needs to add back the whole repayment
Sophie completes the worksheet and determines that the tax in 2010 on $30 000 (previous taxable income minus the amount
sure to put a minus sign in front of the amount on line 46 If your federal deduction is claimed elsewhere on the federal return
tax before credits line
tax before credits with the deduction 7
The addition on your Oregon return is generally equal to the deduction on your federal return If you claimed the federal
the claim of right deduction on Schedule A ($5 000) The federal deduction was more beneficial because he s in a higher tax
the credit 2
the deduction claimed on the federal return to flow through to your Oregon return If line 4 is more than line 3 claim the
the deduction claimed on the federal return to flow through to your Oregon return If line 7 is more than line 6 claim the
the deduction worksheet to see if he should allow the deduction to flow through on Schedule A or claim the Oregon credit
the income 4
The worksheet will show if you benefit more from allowing the federal deduction to flow through or claiming the credit for
through Form 40N line 53; or Form 40P line 52 tax before credits Do not file this return Use this return only for the
through to his Oregon taxable income or claim the credit instead
to do anything further on your Oregon return
to flow through to your Oregon return and then complete this worksheet
Toll free from an Oregon prefix 1 800 356 4222 Toll free from an Oregon prefix 1 800 886 7204
well Chris will compare the tax before credits on the two 2007 returns to calculate his credit
when taking the claim of right deduction on federal Schedule A and the claim of right credit on your Oregon return Unless
Worksheet
worksheet Megan will deduct $30 000 from income in the federal column and $20 000 from income in the Oregon column
Yes Enter zero
you completed without the income that was repaid (Form 40N line 53; or
you completed without the income that was repaid (Form 40N line 53; or
you completed without the income that was repaid (Form 40N line 53; or Form
your addition is entered on line 33 Form 40N or 40P (code 103) with the amount corresponding to the deduction claimed