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