Rule Rule 123-674-6600

For purposes of ORS 285C.240 (Disqualification)(6) and OAR 123-674-6600 (PAYBACK IN LIEU OF DISQUALIFICATION — Applicability) to 123-674-6630 (Utilization of Payments), a qualified business firm’s avoidance of disqualification through payment to the zone sponsor of the firm’s tax savings for one year is allowed, only if:


The firm fails to meet an employment, compensation, waiver, locally established condition or other requirement under ORS 285C.240 (Disqualification)(1)(b), (c) or (d), and not for any requirement pertaining to particular qualified property in OAR 123-674-6300 (Disqualification of Particular Property) or to the firm’s eligibility under ORS 285C.135 (Requirements for eligibility);


The firm provides written notice under ORS 285C.240 (Disqualification) to the zone sponsor or the county assessor by not later than July 1 of the year following the year that failure as described in section (1) of this rule occurred consistent with OAR 123-674-6400 (General Firm Disqualification)(2);


The firm maintains the business operations pertaining to the qualified property, unless the firm can demonstrate that any discontinuation (shutdown) is only temporary;


The firm has not previously used ORS 285C.240 (Disqualification)(6) for any failure covered by section (1) of this rule to avoid disqualification of the same exemption, respective to property actually first qualifying in the same year, but not in other years even if covered by the same authorization and no longer exempt; and


The firm provides written proof to the county assessor that it has made a nonrefundable payment of the full amount of the preceding year’s tax savings to the zone sponsor, not later than August 31 of the year following:


The exemption year in which the failure occurred; or


The fourth year of exemption, in the case of failure to meet a requirement for an additional two years of exemption under ORS 285C.160 (Agreement between firm and sponsor for additional period of exemption), during (only) one of the first four exemption years.
Last accessed
Nov. 24, 2020