Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of an enterprise zone exemption on qualified
property under ORS 285C.175:
(1) The authorized business firm:
(a) Must file the latest revision of the
following Department of Revenue forms with the county assessor under ORS
285C.220 and
285C.225 to begin the exemption
period:
(A) 150-310-075, Oregon Enterprise
Zone Exemption Claim; and
(B)
150-310-076, Oregon Enterprise Zone Property Schedule (as an attachment that
lists and identifies the property to be exempt);
(b) May do so only after December 31 of the
year, in which the re/construction, modification or installation of qualified
property is completed; and
(c)
Shall send copies of the forms to the zone sponsor.
(2) The property must not have been in
service at a location inside the zone before January 1 of the year directly
prior to claiming the exemption as described in section (1) of this rule.
(3) Subsection (1)(b) of this rule
is synonymous with qualified property having been 'placed in service' during
that year, which:
(a) May be only a portion
of the entire investment proposed with authorization; and
(b) Does not include property (even if
physically operable or finished) that pending completion of the overall
facility or investment is still:
(A)
Incapable of effective use or occupancy due to commercial or regulatory reason
consistent with OAR 123-674-5000(4);
or
(B) Not yet intended for use or
operation, subject to testing, shakedown or other general startup
steps.
(4)
Sections (1) to (3) of this rule dovetail and are mutually exclusive with
criteria for exemption under ORS
285C.170, as described in OAR
123-674-6000.
(5) The filing as described in section (1) of
this rule shall be due no later than the corresponding April 1, but:
(a) By June 1, the authorized business firm
may submit it with a late fee under ORS
285C.220(7) or
amend a timely filed property schedule form under ORS
285C.225(5);
or
(b) On or before April 1 (but
after January 1) of the next year, the authorized business firm may file very
late under ORS 285C.220(10)
without a fee to receive the remainder of an exemption minus the first year,
provided the firm was in compliance with all applicable requirements in order
for the exemption to have been in effect during that first
year.
(6) The county
assessor may deny the exemption under ORS
285C.175(6) if
unable to obtain critical and reasonably requested clarification, confirmation
or substantiation of information missing from or supplemental to the filed
forms from the:
(a) Firm under ORS
285C.220(3); or
(b) Zone sponsor under ORS
285C.230, or as arranged with
the Preauthorization Conference.
(7) The county assessor shall deny the
exemption:
(a) To any authorized business
firm with inactive status, as described in OAR
123-674-3700, if the filing does
not include the fee under ORS
285C.165(3),
which would be in addition to the fee, if any, in subsection (5)(a) of this
rule.
(b) On any property that is
not actually in use or occupancy between January 1 and June 30 of the first
year that the exemption is claimed, notwithstanding its being in service by
January 1 or even in use or occupancy during that preceding
year.
Stat. Auth.: ORS
285A.075 &
285C.060(1)
Stats. Implemented: ORS
285C.165,
285C.170,
285C.175,
285C.220,
285C.225 &
285C.230
