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LIC-6.03 - Change of Ownership During the Year and Calculation of the Compensation Allowance Deduction

CHANGE OF OWNERSHIP DURING THE YEAR AND CALCULATION OF THE COMPENSATION ALLOWANCE DEDUCTION
Administrative Rules Adopted by Bureau of Licenses Pursuant to Rule-Making Authority
ARB-LIC-6.03

 
When ownership of a partnership or corporation changes during the year, special rules apply to calculate the amount of the compensation allowance deduction. The compensation allowance deduction, when changes in ownership take place, shall be based on a monthly formula. In order to count as a month, ownership is calculated on the number of days in the month in which the owner was a controlling shareholder or partner. Fifteen days or more counts as a full month, 14 days or less does not count as a month.
Example 1: George Whitney becomes a controlling shareholder on February 22nd. His compensation is $100,000 for the year. His compensation allowance deduction is limited to $41,667 ($50,000 x 10/12).
 
Example 2: PEL Partnership has three partners at the beginning of the taxable year. It is not a limited partnership. On June 15 two additional partners join the partnership and one of the previous three partners leaves the partnership. The compensation allowance deduction is calculated as follows:
Partner Comp
Period of Ownership
Comp Added Back Comp
Allowance*
A $100,000 12 months $100,000 $50,000*
B $100,000 12 months $100,000 $50,000*
C $ 50,000 6 months $ 50,000 $25,000*
D $ 60,000 7 months $ 60,000 $29,167*
E $ 60,000 7 months $ 60,000 $29,167*

If a controlling shareholder/partner dies during the taxable year, all compensation paid to the controlling shareholder/partner or to his estate in the year of death is added back and a full compensation allowance deduction up to the maximum deduction may be taken, regardless of when during the month or year the death occurred.
 
*Note: For tax years beginning on or after 1/1/99, the $50,000 compensation allowance deduction maximum is adjusted for inflation. To determine the correct maximum deduction, refer to the instructions on the Combined Report Form or the Bureau’s website at www.pdxbl.org for the year in question.

 


  
REFERENCES
 
Portland City Code Section 7.02.600 A., B., C., D.
 
Multnomah County Code Section 5.60.600 A., B., C., D.

 
HISTORY
Submitted for inclusion in PPD September 17, 2002.
Originally adopted as Bureau of Licenses Administrative Rule 600.93-6 November 23, 1993, amended as 600.93-6A December 26, 2000

Table of Contents
LIC-6.01 - Payments Deemed to be Compensation to Owners
LIC-6.02 - Self-Employment Tax Deduction and Health Care Premium Deduction
LIC-6.03 - Change of Ownership During the Year and Calculation of the Compensation Allowance Deduction
LIC-6.04 - Patronage Dividends
LIC-6.05 - Short Periods Count as Tax Year
LIC-6.06 - Definition of Controlling Shareholders and Calculation of Number of Controlling Shareholders
LIC-6.07 - Treatment of Currently Taxed Pass-Through Income
LIC-6.08 - Partnerships - Partner Level Deduction Election
LIC-6.09 - Qualified Retirement Plans
LIC-6.10 - De Minimus Business Activity for Personal Services
LIC-6.11 - Apportionment of Gains and Incomes Due to Sale of a Business
LIC-6.12 - Business Activity and Apportionment of Sales of Tangible Personal Property
LIC-6.13 - De Minimus Business Activity for Tangible Personal Property
LIC-6.14 - Apportionment of Gross Income from Business Activities Other than Sales of Tangible Personal Property
LIC-6.15 - Apportionment for Banking Income
LIC-6.16 - Apportionment for Domestic Insurers
LIC-6.17 - Apportionment for Freight Carriers
LIC-6.18 - Apportionment for Passenger Carriers
LIC-6.19 - Apportionment for Incomes Subject to PCC Chapters 7.12 or 7.14
LIC-6.20 - Apportionment for Providers of Electronic or Telephonic Services