OAR 123-623-4000
ANNUAL PROJECT REPORTING — Submission to Department

For purposes of ORS 285C.615 (Annual participant reports)(1) to (3) & (6) and the report submitted by a business firm benefiting from Abatement in the property tax year concluding as of the prior June 30:

(1)

The firm shall complete the prescribed report form available from and furnish it to: Incentives ­– Economic Development, Business Oregon, State Lands Building Suite 200, 775 Summer Street NE, Salem OR 97301, see www.oregon4biz.com.

(2)

The firm may send the report form on or after January 1 next following the tax year, but the Department must receive it no later than the immediately subsequent April-1 date or the preceding Friday when April 1 is a Saturday or Sunday.

(3)

This reporting requirement applies to any Approved Project, of which any property is actually exempt from taxes under ORS 307.123 (Property of strategic investment program eligible projects)(1)(c) in the tax year, beginning with the 2009–2010 tax year.

(4)

Section (3) of this rule is true regardless that the Approved Project does not pertain to a distribution under ORS 285C.635 (Determination of personal income tax revenue)(3), either because:

(a)

The first tax year of that Abatement was before 2008–2009; or

(b)

The most recently concluded tax year is 2023–2024 or later, in that reports will still be required in and after 2025.

(5)

If the benefiting business firm has two or more Approved Projects receiving Abatements in a given tax year at more or less the same location(s), for which Total Jobs are the same or overlapping:

(a)

The firm shall submit report forms for each project, including but not limited to the respective data for Retained Jobs as applicable according to OAR 123-623-4200 (Applicable Employees and Payroll)(3) to (6).

(b)

In transmitting data to the Oregon Department of Administrative Service (DAS), the Department shall adjust the job numbers assigned among the projects to prevent double-counting, which may depend on further information from the firm.

(c)

Generally, assuming employment increases with successive projects, these adjustments will:
(A) For a less recent project assign to it the Retained Jobs reported for it;
(B) For any less recent project, assign the Retained Jobs reported for the next more recent project to be its total jobs, unless it is the least recent of three or more projects, in which case the number of total jobs is zero; and
(C) For the more recent project (if only two) or most recent project (if three or more), assign as its total jobs the reported Total Jobs (which would be the same for all projects) minus reported Retained Jobs, assigning zero as its number of retained jobs.

(6)

The Department shall recommend to the Commission that it suspend its determination for the Approved Project, and any other project materially implicated for purposes of subsection (5) of this rule—effectively revoking any such Abatement for and after the tax year beginning with the very next July 1, until the suspension is ever rescinded under ORS 285C.615 (Annual participant reports)(3)(c)—if the benefiting firm has failed to:

(a)

Provide information called for by the report form or in OAR 123-623-4100 (Reporting Elements) or 123-623-4200 (Applicable Employees and Payroll); or

(b)

Promptly satisfy a necessary or appropriate request by the Department to further clarify or verify such information. (Therefore, in light of the Department’s limited turnaround time to transmit data to DAS, firms are encouraged to submit as early as possible to improve the likelihood that such a request can be timely resolved)

(7)

“Tax year” has the same meaning as under ORS 308.007 (Definitions).

Source: Rule 123-623-4000 — ANNUAL PROJECT REPORTING — Submission to Department, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=123-623-4000.

Last Updated

Jun. 8, 2021

Rule 123-623-4000’s source at or​.us