Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of an agreement between an enterprise zone sponsor
and a business firm and the school support fee rate as described in OAR
123-668-4000 and 123-668-4100:
(1)
Fees are not collected for:
(a) The first,
second or third year of any standard exemption period under ORS
285C.175; or
(b) A year preceding the sixth year of
exemption on any long-term rural facility under ORS
285C.409(1)(c).
(2) For other years, the fee is
based on that year's property tax savings due to the exemption, which pursuant
to the current certified property tax assessment roll:
(a) Correspond to what is entered on the
rolls under ORS 285C.175(7)(b)
or 285C.409(3)(b);
(b) Include all taxing districts in each tax
code area containing exempt property inside the school district (not only the
school district's forgone taxes);
(c) Would be the best estimate accounting for
significant factors under state law, such as market valuation, maximum assessed
value, and the tax rate to have been effectively imposed on exempt property
including, as practicable, compression or urban renewal division of tax
revenue, as if there were no exemption; and
(d) Are not affected by any other fee or
payment related to the same tax savings or by any discount or circumstance as
if property taxes were actually paid.
(3) With any applicable exemption year, the
zone sponsor/local zone manager shall:
(a) In
October, seek information from the county assessor of estimated property tax
savings consistent with section (2) of this rule that is broken out by relevant
business firm and each school district in which any firm has applicably exempt
property; and
(b) By November 1,
communicate or deliver to appropriate administrators of any relevant school
district:
(A) A copy of the respective
agreement;
(B) Current status and
applicable year of each business firm's exemption;
(C) That year's estimated property tax
savings and the fee amount resulting from the established rate; and
(D) Complete, up-to-date information for
effectively contacting and soliciting payment from each firm.
(4) School district
officials correctly in receipt of information in subsection (3)(b) of this
rule:
(a) Shall ensure that any affected
business firm receives notice on or before December 1 for the amount and
calculation of the fee due, with instructions to successfully make payment by
December 31 and to promptly receive proof of payment;
(b) May make use of:
(A) Electronic systems to handle
transactions;
(B) Certified mail or
other means to verify or record exchanges; or
(C) Services of another organization to
invoice and process fees on behalf of the district.
(5) Fee money paid by a business
firm is credited to the school district as local revenue in direct relation to
the associated exempt property of the firm located only in that district,
irrespective of:
(a) Paragraph (4)(b)(C) of
this rule; or
(b) The existence of
any other school district inside the enterprise zone.
Statutory/Other Authority: ORS
285C.075,
285C.060(1)
& 285C.067(2)
Statutes/Other Implemented: ORS
285C.160,
285C.162,
285C.403 &
285C.405
