Current through Register Vol. 63, No. 9, September 1, 2024
Under ORS
285C.245(6) or
(8) after termination of an enterprise zone
regardless of the reason in OAR
123-650-9100(1):
(1) For a business to receive exemption
pursuant to section (2) of this rule inside the former zone's boundary:
(a) On the effective date of termination:
(A) In the case of SEZ as described in OAR
123-650-9500(1)(a), the firm must be:
(i)
Qualified as described in OAR 123-650-9500(2)(a); or
(ii) Authorized consistent with OAR
123-650-9500(3)(a)(A).
(B) In the case of LRZ as described in OAR
123-650-9500(1)(b), the firm must be certified, regardless of already receiving
an exemption on the facility.
(b) If a business firm is only authorized or
certified but not qualified or receiving an exemption on the effective date of
termination, then no further application for authorization or certification is
allowed until provisions of OAR 123-650-9500(3)(a)(B) and (C) or (b),
respectively, are fulfilled.
(2) Exclusive to the exemption program in
subsection (1)(a)(A) or (B) of this rule, property owned or leased by a
business firm is exempt under either ORS
285C.175 or
285C.409(1) in
the same enterprise zone, only if:
(a) Not
more than 10 years from the effective date of the zone's termination, the firm
submits a complete application for authorization or for certification under ORS
285C.140 or
285C.403,
respectively;
(b) The property will
be located entirely within the boundaries of the terminated zone, as they
existed at the time of termination, and not inside any currently designated
enterprise zone;
(c) Following all
pertinent steps and in satisfaction of applicable provisions, the application
is:
(A)
(i)
Approved by the local zone manager, or absent an appointed zone manager, by a
suitable representative or formal action of the zone sponsor, or by the
Department; and
(ii) Approved by
the county assessor; or
(B) Allowed on magisterial or judicial
appeal.
(d) New
construction, reconstruction, modifications or installations of property
pursuant to the application commence no later than June 30 following the last
year of the firm's final outstanding exemption in the zone-that is, before the
end of the very last tax year in which SEZ qualified property or an LRZ
facility, respectively, is still exempt;
(e) Proposed investments pursuant to the
application are completed consistent with OAR 123-650-9700;
(f) Timely filings and other applicable
procedures are properly undertaken with the county assessor;
(g) The authorized or certified business firm
and all of its property have not been disqualified in the terminated zone under
ORS 285C.245(7) or
(9); and
(h) The firm complies with any applicable
local policy or requirement according to OAR 123-668, as well as ORS
285C.050 to
285C.250 or
285C.400 to
285C.420, consistent with OAR
123-674 or 123-690.
(3)
For purposes of exemption under ORS
285C.175 (SEZ)
pursuant to section (2) of this rule:
(a)
Exemption under ORS 285C.170 is not
allowed.
(b) Before final action in
paragraph (2)(c)(A) of this rule, the sponsor of the terminated zone may adopt
resolution(s) for a waiver under ORS
285C.155 or enter into an
agreement with an eligible business firm for an extended abatement under ORS
285C.160.
(c) Disqualification under ORS
285C.245(7)
means that described in OAR
123-674-6400 and does not
include:
(A) Loss of an extended abatement
under ORS 285C.240(3)(b)
in OAR 123-674-0500(2);
(B) Payment to the zone sponsor of the
equivalent of one year's tax savings under ORS
285C.240(6)
according to OAR 123-674-6600 to
123-674-6630; or
(C) Failure to meet a requirement pertaining
to some but not all property consistent with OAR
123-674-6300.
(4) An approved
business firm may not apply for authorization or certification as described in
section (2) this rule, if since termination, another business or corporation
has bought or absorbed the firm, such that the firm neither remains essentially
intact, even as a subsidiary of the purchasing company, nor continues to
operate substantially as it had prior to its being acquired.
Statutory/Other Authority: ORS
285C.075 &
285C.060(1)
Statutes/Other Implemented: ORS
285C.140,
285C.175,
285C.245,
285C.255,
285C.403 &
285C.409
