OAR 123-674-6100
Mandatory First-year Claim with Property Schedule

For purposes of an enterprise zone exemption on qualified property under ORS 285C.175 (Enterprise zone exemption):

(1)

The authorized business firm:

(a)

Must file the latest revision of the following Department of Revenue forms with the county assessor under ORS 285C.220 (Exemption claims) and 285C.225 (Sponsor’s addendum) to begin the exemption period:

(A)

Form OR-EZ-EXCLM, 150-310-075, Oregon Enterprise Zone Exemption Claim; and

(B)

FORM OR-EZ-PS, 150-310-076, Oregon Enterprise Zone Property Schedule (as an attachment that lists and identifies the property to be exempt);

(b)

May do so only after December 31 of the year, in which the re/construction, modification or installation of qualified property is completed; and

(c)

Shall send copies of the forms to the zone sponsor.

(2)

The property must not have been in service at a location inside the zone before January 1 of the year directly prior to claiming the exemption as described in section (1) of this rule.

(3)

Subsection (1)(b) of this rule is synonymous with qualified property having been ‘placed in service’ during that year, which:

(a)

May be only a portion of the entire investment proposed with authorization; and

(b)

Does not include property (even if physically operable or finished) that pending completion of the overall facility or investment is still:

(A)

Incapable of effective use or occupancy due to commercial or regulatory reason consistent with OAR 123-674-5000 (QUALIFIED PROPERTY— Critical Terms)(4); or

(B)

Not yet intended for use or operation, subject to testing, shakedown or other general startup steps.

(4)

Sections (1) to (3) of this rule dovetail and are mutually exclusive with criteria for exemption under ORS 285C.170 (Construction-in-process exemption), as described in OAR 123-674-6000 (FILING & COMPLIANCE — Exemption Prior To ‘In Service’).

(5)

The filing as described in section (1) of this rule shall be due no later than the corresponding April 1, but:

(a)

By June 1, the authorized business firm may submit it with a late fee under ORS 285C.220 (Exemption claims)(7) or amend a timely filed property schedule form under ORS 285C.225 (Sponsor’s addendum)(5); or

(b)

On or before April 1 (but after January 1) of the next year, the authorized business firm may file very late under ORS 285C.220 (Exemption claims)(10) without a fee to receive the remainder of an exemption minus the first year, provided the firm was in compliance with all applicable requirements in order for the exemption to have been in effect during that first year.

(6)

The county assessor may deny the exemption under ORS 285C.175 (Enterprise zone exemption)(6) if unable to obtain critical and reasonably requested clarification, confirmation or substantiation of information missing from or supplemental to the filed forms from the:

(a)

Firm under ORS 285C.220 (Exemption claims)(3); or

(b)

Zone sponsor under ORS 285C.230 (Assessor to grant or deny exemption), or as arranged with the Preauthorization Conference.

(7)

The county assessor shall deny the exemption:

(a)

To any authorized business firm with inactive status, as described in OAR 123-674-3700 (Renewal of Active Status and Inactive Authorization), if the filing does not include the fee under ORS 285C.165 (Extension of period of authorization)(3), which would be in addition to the fee, if any, in subsection (5)(a) of this rule.

(b)

On any property that is not actually in use or occupancy between January 1 and June 30 of the first year that the exemption is claimed, notwithstanding its being in service by January 1 or even in use or occupancy during that preceding year.

Source: Rule 123-674-6100 — Mandatory First-year Claim with Property Schedule, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=123-674-6100.

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 123-674-6100’s source at or​.us