Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of ORS
307.286:
(1) A qualifying service member's homestead:
(a) Must be the qualifying service member's
principal residence that is located in Oregon;
(b) Must be owned by the qualifying service
member prior to July 1 of the tax year for which exemption is claimed;
(c) May be a personal property
manufactured structure or a floating home; and
(d) Includes land under a manufactured
structure if the land is owned by the qualifying service member.
(2) The right to claim the
exemption will not be lost if the qualifying service member is temporarily
absent from the homestead during the tax year for which exemption is claimed.
Temporary absences include absences for vacation, business travel,
hospitalization, or military service.
(3) The exemption allowed under ORS
307.286 is limited to the lesser
of the:
(a) Assessed value of the homestead
property owned by the qualifying service member; or
(b) Statutory limitation, which is equal to
$60,000 for the 2005-06 tax year and adjusted annually as described in ORS
307.286(2).
Example 1
:A qualified service
member owns a homestead that has an assessed value of $80,000. Because the
assessed value of the homestead is more than $60,000, the exemption allowed is
$60,000 for the 2005-06 tax year.
Example
2
:A qualified service member owns a homestead
consisting of a manufactured structure and the land upon which it is located.
The manufactured structure is assessed as real property and has an assessed
value of $40,000. The land upon which the structure is located has an assessed
value of $15,000. Because the assessed value of the manufactured structure and
the land combined is less than $60,000, the exemption allowed is $55,000 for
the 2005-06 tax year. The amount of the exemption cannot exceed the assessed
value of the homestead property.
Example
3
: A qualified service member owns a homestead
consisting of a manufactured structure, but does not own the land upon which it
is located. The manufactured structure is assessed as personal property and has
an assessed value of $50,000. The exemption allowed for the 2005-06 tax year is
$50,000 and only applies to the manufactured structure. The exemption does not
apply to the land, because the qualified service member does not own the
land.
(4) An
Oregon resident is eligible for the exemption provided under ORS
307.286, if:
(a) The individual is serving in the Oregon
National Guard, military reserve forces, or other U.S. state's or territory's
organized militia;
(b) The
individual has been ordered to federal active duty under Title 10 United States
Code (USC), or a deployment under the Emergency Management Assistance Compact;
and
(c) The period of active duty
exceeds 178 consecutive days.
(5) The qualifying service member must attach
documentation to the claim for exemption that shows proof of active duty during
each tax year for which exemption is claimed. The service member may claim the
exemption for each tax year during which at least one day was served on active
duty.
(a) Examples of valid documentation
include, but are not limited to: military orders, form DD214, a letter on
military letterhead, or other military record.
(b) Acceptable documentation for the
exemption must show:
(A) Service in the
Oregon National Guard, military reserve force, or other U.S. state's or
territory's organized militia; and
(B) Service performed for more than 178
consecutive days in federal active duty under Title 10 USC or in deployment
under the Emergency Management Assistance Compact on or after January 1,
2005.
Stat. Auth.: ORS
305.100
Stats. Implemented: ORS
307.286
