OAR 123-674-2100
Allowably Late Applications


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

(1)

Certain physical work that consists only of:

(a)

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

(b)

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

(c)

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.

(2)

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.

(3)

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).

(4)

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:

(a)

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;

(b)

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

(c)

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

(d)

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

(5)

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).

(6)

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

Source: Rule 123-674-2100 — Allowably Late Applications, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=123-674-2100.

123–674–0001
Purpose, Scope and General Process for Businesses Seeking Exemption
123–674–0100
Definitions
123–674–0200
General Employment Terminology and Issues
123–674–0500
EXTENDED TAX ABATEMENT — General Points
123–674–0600
Compensation & Wage Standards
123–674–0700
Written Agreement between Sponsor and Eligible Business Firm
123–674–1000
BUSINESS ELIGIBILITY — Special Business Distinctions
123–674–1100
Basic Eligibility of Firms and Operations
123–674–1200
Ineligible Activities
123–674–1300
Eligible Business Firm with Ineligible Activities
123–674–1400
Gross Receipts Test
123–674–1600
Call Centers and Like Operations
123–674–1700
Headquarter Facilities
123–674–2000
AUTHORIZATION PROCESS — Timely Submission
123–674–2100
Allowably Late Applications
123–674–2300
Initial Processing by Local Zone Manager
123–674–2500
Final Processing
123–674–3000
AUTHORIZATION’S COVERAGE & EFFECT — Being An Authorized Firm
123–674–3100
Limitations on Exemption Relative to Authorization
123–674–3200
Amending the Application/Authorization
123–674–3500
Additional, Concurrent Authorizations
123–674–3700
Renewal of Active Status and Inactive Authorization
123–674–4000
EMPLOYMENT OF FIRMS — Computation of Averages
123–674–4100
Employment Requirement to Qualify Initially
123–674–4200
Diminishing Employment Well beyond the Zone
123–674–4300
Local Waiver of Employment Increase inside Zone
123–674–4600
Maintaining Sufficient Employment
123–674–4800
Sale or Leasing of Exempt Property
123–674–5000
QUALIFIED PROPERTY— Critical Terms
123–674–5100
Eligible Utilization
123–674–5200
Mechanical, Personal and Unqualified Property
123–674–5300
Buildings, Structures and Other Real Property
123–674–5400
Property Already Entered on Rolls
123–674–5500
Obligations for All Leases, Lessors and Lessees
123–674–6000
FILING & COMPLIANCE — Exemption Prior To ‘In Service’
123–674–6100
Mandatory First-year Claim with Property Schedule
123–674–6200
Filing Latter-year Claims
123–674–6300
Disqualification of Particular Property
123–674–6400
General Firm Disqualification
123–674–6600
PAYBACK IN LIEU OF DISQUALIFICATION — Applicability
123–674–6610
Payment of Tax Savings
123–674–6620
Distribution of Payment among Cosponsors
123–674–6630
Utilization of Payments
123–674–6880
Deferral during Recession
123–674–6885
Additional Conditions with Deferral
123–674–7200
GENERAL LAWFULNESS — Terminology
123–674–7210
Declarations and Responsibilities
123–674–7220
Effect of Event of Noncompliance
123–674–7230
Materiality
123–674–7240
Cure
123–674–7250
Interpretation
123–674–7700
FIRST SOURCE HIRING AGREEMENTS — Coverage
123–674–7710
First-Source Procedures
123–674–7720
Handling Exemption Claims
123–674–7730
Allowing Late Execution of First-Source Agreement
123–674–8000
ZONE BEGINNINGS & ENDS — Designation or Amendment
123–674–8100
Authorization and Zone Termination
123–674–8200
Grandfathering in a Terminated Zone
123–674–8300
Timely Completion of Construction
Last Updated

Jun. 8, 2021

Rule 123-674-2100’s source at or​.us