Enterprise Zone Business Eligibility
(1)A business firm engaged in Electronic Commerce will likely be eligible in other ways under ORS 285C.135 (Requirements for eligibility), but it shall not be subject to the requirements or restrictions of those other ways once the enterprise zone is effectively an E-commerce zone.
(2)If an eligible business firm that originally sought eligibility based on Electronic Commerce does not satisfy that definition, it may still receive authorization and exemption subject to another way’s requirements or restrictions, except in an area described in OAR 123-662-1200 (Designated Areas)(3).
(3)The following may occur only once the enterprise zone is effectively an E-commerce zone:
(a)Authorization or qualification of a firm that is eligible only by virtue of Electronic Commerce; or
(b)Exemption of personal property permissible only under ORS 285C.185 (Minimum cost of qualified property)(1)(b)(B).
(4)Property that due to section (3) of this rule does not qualify for exemption by January 1 of the first year, for which a business firm may claim the exemption, is not allowed to qualify later, even if the enterprise zone is designated for E-commerce.
(5)After an area’s status as an E-commerce zone effectively ceases, a business firm shall enjoy the following protection for exemption on qualified property respective to Electronic Commerce eligibility, notwithstanding that the firm might be eligible in another way:
(a)Under ORS 285C.245 (Termination)(1), consistent with applicable elements of OAR 123-674-8100 (Authorization and Zone Termination) and 123-674-8200 (Grandfathering in a Terminated Zone), if for whatever reason the underlying enterprise zone terminates and the location of the qualified property is outside of a subsequent enterprise zone.
(b)Only under ORS 285C.245 (Termination)(1)(a), consistent with OAR 123-674-8100 (Authorization and Zone Termination)(1)(b) regardless that the firm was already authorized or qualified, upon:
(A)Revocation of the zone’s electronic commerce designation; or
(B)Termination of the underlying enterprise zone and designation of the location of qualified property in another enterprise zone without electronic commerce status.
Rule 123-662-2000 — Enterprise Zone Business Eligibility,