Oregon Nonresident Income Tax and Passive Loss Tracking Carryover

[embedded_guy]

Hi,

I live in California and am part of real estate LLC investment funds that own properties in Oregon. I have checked the filing requirement  on the site (oregon.gov/dor) as well to see if the funds Oregon sourced income is above the threshold.

Do I need to file a return to track the Oregon losses for potential offsetting any future gains?

I have read through the suggested document OR-publication–17. It seems that I need to file if I have a passive loss from Oregon source income.

I appreciate the input. Thanks

[Vanessa A · Accepted solution]

Yes, you are correct.  If you have passive losses that you wish to claim in future years against Oregon sourced gains, you would need to file a return to track the losses.  You would not be allowed to all the sudden one year add losses from years back.  There needs to be proof which would be the filing of the return showing the loss. 

[embedded_guy]

Thanks for the response.

Asked Oregon DOR and they wouldn't provide any guidance or confirmation of their own document, which I find odd and different than many other state DOR question email support people. 

[embedded_guy]

I also didn't understand why another response from their questions email support suggested it’s best to file a return even if you do not owe, or have a loss/gain at this time.

Asked for clarification and a reason but haven't heard anything back.