Oregon Administrative Rules
Chapter 150 - DEPARTMENT OF REVENUE
Division 307 - PROPERTY SUBJECT TO TAXATION
Section 150-307-0330 - Exemption Claim Procedures
Universal Citation: OR Admin Rules 150-307-0330
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The assessor shall review all claims filed under ORS 307.241 to 307.245 and approve or deny the claims, except as provided in section 3 of this rule.
(2) A copy of each claim approved by the assessor must be sent to the Department of Revenue with a checklist indicating the assessor has, at a minimum, received and reviewed the following information:
(a) The application form
completed in full by the corporation;
(b) A description of the federal financial
assistance the corporation making the application is receiving or has received;
(c) A statement showing in detail
the sources and amounts of all corporate income received by the corporation;
(d) A statement showing in detail
the basis for rental amounts charged for occupancy of the facility;
(e) Verification that the corporation meets
the requirements of ORS
307.375 and ORS
307.243(1),
including that the corporation.
(A) Is
organized and operated only for the purpose of providing permanent residential,
recreational and social facilities primarily for elderly persons;
(B) Is a nonprofit corporation organized
under ORS chapter 65;
(C) Receives
at least 95% of its operating gross income, excluding investment income, from
payments by or on behalf of elderly persons solely for living, medical,
recreational and social services and facilities;
(D) Permits none of its net earnings to inure
to the benefit of a stockholder or individual;
(E) Provides that upon dissolution of the
corporation the net assets must be distributed to one or more charitable,
scientific, literary or educational corporations exempt under ORS chapter 307,
or to the State of Oregon;
(F) Is
applying for exemption of land and improvements on which construction of the
improvements started after January 1, 1977, or where the property was acquired
after January 1, 1977; or in the case of corporations that received state
financial assistance as described in ORS
307.242(1)(e),
where the property was actually occupied and used for permanent residential
recreational and social facilities primarily for elderly persons prior to
January 1, 1990;
(f)
Verification that a payment in excess of one month's rent is not required as a
condition for occupancy;
(g) That
the actual use being made of the property is consistent with the claim;
(h) A statement from the claimant
that either
(A) The rent charged does not
include an amount for property tax, as certified by the U.S. Department of
Housing and Urban Development, or
(B) If the exemption was granted the previous
year, showing how the rent that otherwise would have been paid for occupancy at
the facility has been reduced as a result of the exemption; and
(C) That no delinquencies exist on the tax
roll for the property.
(3)
(a) The
assessor may request from the Department of Revenue a statement certifying a
corporation's qualification or non-qualification under ORS
307.375 and ORS
307.242.
(b) The assessor's request to the department
must be accompanied by the following:
(A) The
application form completed by the corporation;
(B) The source documents evidencing the
requirements on the checklist referenced in subsection 2 above.
(c) The department shall notify
the assessor in writing of its certification of qualification or
non-qualification under ORS
307.242 and ORS
307.375, and the assessor shall
thereafter notify the claimant of the decision.
(4) This rule is effective January 1, 2016.
Stat. Auth.: ORS 305.100
Stats. Implemented: ORS 307.242
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.