Or. Admin. R. 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.
Notes
Statutory/Other Authority: ORS 285A.075
Statutes/Other Implemented: ORS 285C.403, 285C.409 & 285C.412
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