EXTENDED TAX ABATEMENT — General Points
(1)The period in which a qualified business firm needs to comply with all regular enterprise zone requirements is also extended for up to two more years, exposing the firm to having to pay back all four or five years of abated taxes because of noncompliance and regular disqualification, for example, in the event of substantial curtailment in either of those two years.
(2)The exemption shall revert to the basic three-year period upon failure to satisfy an applicable requirement only in OAR 123-674-0600 (Compensation & Wage Standards) or 123-674-0700 (Written Agreement between Sponsor and Eligible Business Firm), triggering repayment of taxes abated (only) in the fourth or fifth year if there are any.
(3)Even as other property continues to receive the extended abatement, a qualified business firm may elect to have certain property terminate its exemption after the third year, such that it is then subject to taxation but not to retroactive disqualification under ORS 285C.240 (Disqualification)(1)(a), (e) or (f). What property is exempt for only three years or may receive additional years of exemption shall be described in:
(a)The written agreement in OAR 123-674-0700 (Written Agreement between Sponsor and Eligible Business Firm); or
(b)Specific notice provided to the county assessor from the firm or property owner no later than April 1 directly following the third exemption year.
(4)An eligible business firm has the same rights of appeal as provided elsewhere in ORS 285C.050 (Definitions for ORS 285C.050 to 285C.250) to 285C.250 (Redesignation or designation of new zone following zone termination) for the enterprise zone exemption, and no part of this division of administrative rules shall interfere with those rights, subject to the determination of appellate authorities.
Rule 123-674-0500 — EXTENDED TAX ABATEMENT — General Points,