Or. Admin. Code § 123-674-6200

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

Section 123-674-6200 - Filing Latter-year Claims

For qualified property to continue to be exempt in an enterprise zone throughout the entire period under ORS 285C.175:

(1) The qualified business firm must file annually under ORS 285C.220:

(a) Using the latest revision of Department of Revenue Form OR-EZ-EXCLM, 150-310-075, Oregon Enterprise Zone Exemption Claim;

(b) With the county assessor and a copy to the zone sponsor;

(c) On or before April 1 directly after every assessment year of exemption; and

(d) In addition to the first-year filing described in OAR 123-674-6100.

(2) The claim form also covers other property pursuant to the same authorization, consistent with OAR 123-674-3100(4), including but not limited to the attachment of another property schedule for any new, additional qualified property that is placed in service in the previous calendar year and would be exempt for its own period under ORS 285C.175(2)(a).

(3) For a claim form filed by itself for purposes of compliance in maintaining an ongoing exemption or exemptions, the assessor's office may accept it late until August 31 under ORS 285C.220(8) but only if:

(a) Furnished to the zone sponsor, as well; and

(b) Accompanied with the progressively larger late filing fee.

(4) The assessor may henceforth deny the exemption for the remainder of the period, subject to notice under ORS 285C.175(6) without further procedure, if the claim form is not received (at the latest on August 31) or it lacks for the late filing fee.

(5) Besides arrangements from the Preauthorization Conference, the zone sponsor and the county assessor shall consider and rely on the duties and options under ORS 285C.230, as well as exercise the procedure under ORS 285C.235 to demand corroborating evidence of the firm by time/receipt-verified mail whenever warranted, which:

(a) Would be the only recourse if the firm refuses to submit a claim form after the final year of exemption;

(b) Is always available if the submitted information and the compliance of the firm with employment/other requirements is suspect; and

(c) Causes disqualification:

(A) Automatically, if the firm does not satisfactorily respond within 60 days, but without extra penalty; or

(B) With the 20-percent penalty on back taxes under ORS 285C.240(4), in the event that any provided evidence shows that the qualified business was required to have given notice under ORS 285C.240(1).

Or. Admin. Code § 123-674-6200

OBDD 27-2010, f. & cert. ef. 6-14-10; OBDD 7-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 40-2024, minor correction filed 10/17/2024, effective 10/17/2024

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

Statutes/Other Implemented: ORS 285C.175, 285C.220, 285C.225, 285C.230, 285C.235 & 285C.240