OAR 123-674-3700
Renewal of Active Status and Inactive Authorization

Under ORS 285C.165 (Extension of period of authorization) an eligible business firm’s authorization in an enterprise zone becomes ‘inactive’ after more than two years, such that:

(1)

The authorization remains active over:

(a)

The remainder of the year after approval of the Application;

(b)

The two-year period immediately following; and

(c)

Each two-year period directly thereafter, subject to a statement of renewal as described in subsection (2)(b) of this rule.

(2)

Authorization is still active if immediately after any period described in section (1) of this rule, the firm:

(a)

Files successfully under ORS 285C.220 (Exemption claims) and 285C.225 (Sponsor’s addendum) to initially claim exemption on qualified property placed in service during such a period, at which point this rule is no longer operative; or

(b)

Submits a written statement between January 1 and April 1 (as presently received by both the local zone manager and the county assessor’s office) that:

(A)

Comes from the firm consistent with authority required for making Application;

(B)

Informs or indicates that the firm still intends to complete its proposed investment in qualified property inside the zone and to claim the exemption; and

(C)

Revises or amends any relevant information in the Application.

(3)

With respect to a statement in subsection (2)(b) of this rule:

(a)

Whether acknowledged by the firm or not, the Established County Wage applicable to any compensation standard is reset to the Current County Wage at the time of the statement’s submission.

(b)

Neither filing for any construction-in-process exemption nor filing a claim under ORS 285C.220 (Exemption claims) for an exemption that is denied substitutes for the requisite statement.

(4)

An inactively authorized business firm retains its right to claim the exemption after the periods described in section (1) of this rule, but letting active status lapse has the following consequences:

(a)

With the initial exemption claim in a still unterminated enterprise zone:

(A)

Filing fee under ORS 285C.165 (Extension of period of authorization)(3) is charged; and

(B)

Established County Wage with any compensation standard is updated/revised based on the Current County Wage at the time of filing the claim;

(b)

Prior to that claim, even if the zone is currently designated, the firm may not receive exemption under ORS 285C.170 (Construction-in-process exemption), while qualified property is in the process of construction, modification or installation, but it may still seek exemption under applicably comparable provisions of ORS 307.330 (Commercial facilities under construction) and 307.340 (Filing proof for cancellation of assessment); and

(c)

The firm is not effectively authorized under ORS 285C.245 (Termination)(1) for purposes of OAR 123-674-8100 (Authorization and Zone Termination) and 123-674-8200 (Grandfathering in a Terminated Zone) at the time of the zone’s termination.

Source: Rule 123-674-3700 — Renewal of Active Status and Inactive Authorization, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=123-674-3700.

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. 24, 2021

Rule 123-674-3700’s source at or​.us