Rule Rule 123-674-2100
Allowably Late Applications

Notwithstanding OAR 123-674-2000 (AUTHORIZATION PROCESS — Timely Submission)(2), the zone manager may accept an Application after:


Certain physical work that consists only of:


Demolition, cleanup, environmental remediation, removal of hazardous materials, and so forth;


On-site delivery, storage or upkeep of materials or elements of qualified property prior to their use for construction or installation; or


Construction or the like that occurred and completely ceased six months or longer before Application, consistent with OAR 150-285-3200 (Enterprise Zone Statutory Definitions)(3)(b), insofar as the property was not placed in service and is not assessed for the current tax year, and the Application precedes the resumption of work.


The commencement of hiring or physical work, if the Application wholly replaces a previously submitted Application by December 31 immediately before the initial year of exemption consistent with OAR 123-674-3200 (Amending the Application/Authorization), such that in this case, the originally submission date is used.


The commencement of hiring or physical work pursuant to a waiver issued by the Department of Revenue according to OAR 150-285-3100 (Waiver of Enterprise Zone Application for Authorization Filing Deadline Requirement), or as otherwise allowed under ORS 285C.140 (Application for authorization)(11) and (12).


The commencement of physical work on a qualified building or structure (aside from associated machinery & equipment) under 285C.145 (Leasing existing property to authorized firm)(2), if the following are true:


Firm/applicant did not own or lease any such building or structure, or have a binding obligation to do so, at any time before the commencement of construction, reconstruction or modifications;


Firm/applicant includes a copy of an executed lease or purchase agreement for the qualified building or structure with the Application;


Firm/applicant does not have any familial, employment, corporate or other such entity relationship with the owner or previous owner of the building or structure; and


Approval of the Application occurs before the Firm/applicant begins to use or occupy the building or structure for commercial operations.


The commencement of physical work on one type of property that will not qualify, but before work begins on other property that may qualify, as differentiated under ORS 285C.180 (Qualified property generally)(1) consistent with OAR 123-674-3100 (Limitations on Exemption Relative to Authorization)(3).


Even the completion of construction, modifications or installations as otherwise allowed in sections (2) to (5) of this rule.
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Oct. 26, 2020