Or. Admin. Code § 123-674-6400

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

Section 123-674-6400 - General Firm Disqualification

(1) Loss of exemption under ORS 285C.175 applies to all qualified property of a business firm that is exempt in the year when an event occurs, for which notice is due under ORS 285C.240(1)(b), (c) or (d), including but not limited to:

(a) Substantial curtailment, consistent with OAR 123-674-4600;

(b) Failure to satisfy an applicable local additional requirement, according to OAR 123-668-2000 to 123-668-2500, and pursuant to written notification to the assessor from the zone sponsor in the absence of notice by the firm under ORS 285C.240(1)(d);

(c) Noncompliance with any general law in accordance with OAR 123-674-7200 to 123-674-7250;

(d) Not meeting applicable criteria in OAR 123-674-4300 for purposes of a zone sponsor's waiver; or

(e) What is described in OAR 123-674-0500(2) for the requirements specific to an extended abatement.

(2) If an event occurs relative to section (1) of this rule, then the qualified business firm shall notify both the local zone manager and the county assessor in writing at the latest by July 1 of the following year, which may also be done:

(a) Through timely filing of the exemption claim in OAR 123-674-6200 that discloses the event.

(b) By the owner of any qualified property that the qualified business firm leases.

(3) Notice as described in section (2) of this rule shall result in either:

(a) The firm reimbursing the enterprise zone sponsor for an amount equal to all associated property taxes abated in that exemption year, as described in OAR 123-674-6600 to 123-674-6630; or

(b) The county assessor's disqualifying the firm under ORS 285C.240, including loss of future years of the exemption and retroactive payment of applicable back taxes with the next tax bill.

(4) If the assessor or zone sponsor discovers a failure, for which there was not timely notice as described in section (2) of this rule, then subsection (3)(a) of this rule is inapplicable, and disqualification as described in subsection (3)(b) of this rule shall include the 20-percent penalty or surcharge on back taxes.

(5) Disqualification for purposes of this rule does not affect property covered by any other Application, for which the particular requirements are still satisfied, consistent with OAR 123-674-3500, except under ORS 285C.245(7) for another Application made after the zone terminated as described in OAR 123-650-9600, in which case the other such Application is nullified, and associated property, also disqualified.

Or. Admin. Code § 123-674-6400

OBDD 27-2010, f. & cert. ef. 6-14-10; OBDD 14-2016, f. & cert. ef. 9/16/2016; OBDD 8-2020, amend filed 08/12/2020, effective 8/12/2020; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024; OBDD 42-2024, minor correction filed 10/17/2024, effective 10/17/2024

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

Statutes/Other Implemented: ORS 285C.200, 285C.220, 285C.225, 285C.230, 285C.235 & 285C.240