Oregon Business Development Department
Chapter 123
Division 690
LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES
123-690-6200
Subsequent Facility Site Investments
For property newly placed in service at the same Facility Site on or after the (January-1) assessment date of an ongoing exemption under ORS 285C.409(1)(c):
(1) Any such property may also receive the exemption but only for the remainder of the 7 to 15 tax years available, and neither additional operations nor the introduction of such property at the Facility Site shall lengthen or add to the ongoing period of exemption on property at the Facility Site.
(2) A certified business firm may receive another (potentially overlapping) period of exemption under ORS 285C.409(1) on such additional property constituting another facility under ORS 285C.400(4) at the same Facility Site, but only if independent of the respective actions and investments pertaining to the firm’s certification or qualification for any previously granted exemption, the firm again:
(a) Applies and receives approval for certification;
(b) Respectively undertakes additional operations at the Facility Site; and
(c) Satisfies the applicable requirements to qualify for the exemption, including but not limited to the firm’s having submitted notice(s) under ORS 285C.415 to the county assessor of having timely met all applicable requirements under ORS 285C.412.
(3) In the case of a business firm certified for another exemption on additional property pursuant to section (2) of this rule:
(a) The property reverts to the preexisting exemption, and the assessor shall treat the additional property as a part of that remaining period of exemption consistent with section (1) of this rule, if before the end of the preexisting exemption’s final tax year:
(A) The firm submits a formal request to that effect, withdrawing its subsequent certification, as received by the county assessor and zone sponsor; or
(B) The firm effectively fails to qualify, contrary to subsection (2)(c) of this rule, including but not limited to the absence of any requisite notice.
(b) Otherwise, the additional property stays exempt until the end of its own period of exemption. It is then, however, subject to the operation of ORS 285C.420 (retroactive disqualification for failure to meet or maintain an applicable requirement) to the point when any exemption on that property was first allowed under ORS 285C.409(1), including but not limited to where at the conclusion of the preexisting exemption, in contrast to subsection (a) of this section:
(A) There was no timely request; and
(B) Initial qualification was still indeterminate, but then later, not achieved.
(4) In the case of any subsequent exemption according to section (2) of this rule that begins within seven years after the first year of the most recent ongoing exemption under ORS 285C.409(1)(c), the agreement with the zone sponsor under ORS 285C.403(3)(c) may give the certified business firm credit for some or all of its existing employees at the Facility Site, who were hired in excess of minimum requirements for a previous, ongoing exemption, in meeting the newer exemption’s required hiring.
Statutory/Other Authority: ORS 285A.075
Statutes/Other Implemented: ORS 285C.403, 285C.409 & 285C.412
History:
OBDD 6-2020, amend filed 08/12/2020, effective 08/12/2020
OBDD 5-2017, amend filed 11/29/2017, effective 11/29/2017
OBDD 11-2015, f. & cert. ef. 10-5-15
OBDD 29-2010, f. & cert. ef. 6-14-10