Or. Admin. Code § 123-674-3100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 123-674-3100 - Limitations on Exemption Relative to Authorization

Under ORS 285C.180(2)(d) to (f) and 285C.225(3), the Application and information in it restrict what will be exempt under ORS 285C.170 or 285C.175 in only the following four ways, in that qualified property must be:

(1) Possessed for use by the Firm/applicant or qualified business firm, such that it either owns the property or leases it consistent with OAR 123-674-5500, except as allowably transferred to another eligible business firm acquiring the authorized firm or the property, including but not limited to OAR 123-674-3200(1)(a) or (3)(c) or 123-674-4800.

(2) At the same general location when the exemption begins:

(a) That encompasses a single, coherent area of business operations;

(b) Which may consist of a complex of lots or parcels of land or of a comparably proximate set of multiple sites, such that each lot, parcel or site is separated one from the other by commonly owned land, and not otherwise broken up except by roads, easements and so forth; and

(c) Which the Firm/applicant need not describe in whole, such that inclusion in the Application of a street address or tax lot within the overall area is sufficient.

(3) Generically identified in terms of:

(a) Any building or structure, which has construction, reconstruction or modification costs of $50,000 or more (An Application's reference to a project, for which associated improvements are implicit, may be treated as adequate for this subsection).

(b) The basic category of property, regardless of cost, as represented in some way with respect to:

(A) Newly constructed buildings/structures;

(B) Additions to or modifications to existing buildings, structures or portions thereof;

(C) Newly installed real property machinery & equipment;

(D) Modifications to real property machinery & equipment under ORS 285C.190; or

(E) Newly installed personal property.

(4) Placed in service over not more than three successive years, such that:

(a) Once the business firm successfully claims any exemption pursuant to the Application (whether later or earlier than anticipated), subsequent exemptions may be claimed based on the same Application only in one or both of the next two years. This is true regardless of an extended abatement or the length of the underlying periods of exemption.

(b) Additional qualified property covered by each subsequent exemption necessitates its being:

(A) Placed in service during the first or second year of the initial exemption; and

(B) Listed in a new property schedule under ORS 285C.225, as filed with the same exemption claim for that and prior property (see OAR 123-674-6100 and 123-674-6200).

(c) Each exemption as described in this section shall enjoy its own three to five-year exemption period, which will overlap.

(d) All overlapping and ongoing exemptions for purposes of this section are subject to disqualification for noncompliance based only on:

(A) Requirements arising from that Application; and

(B) The applicable time frame respective to each exemption period.

Or. Admin. Code § 123-674-3100

OBDD 27-2010, f. & cert. ef. 6-14-10; OBDD 14-2016, f. & cert. ef. 9/16/2016; OBDD 7-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075 & 285C.060(1)

Statutes/Other Implemented: ORS 285C.140, 285C.170, 285C.175, 285C.180, 285C.185, 285C.190, 285C.220 & 285C.225