OAR 123-674-6880
Deferral during Recession


For purposes of ORS 285C.203 (Suspension of employment requirements) to defer the standard enterprise zone exemption, during which time the exemption is suspended and an authorized or qualified business firm pays taxes on qualified property:
(1) The firm may avoid denial or disqualification for substantial curtailment or other noncompliance (see OAR 123-674-4100 (Employment Requirement to Qualify Initially), 123-674-4600 (Maintaining Sufficient Employment), 123-674-6100 (Mandatory First-year Claim with Property Schedule) and 123-674-6400 (General Firm Disqualification)).
(2) The total cost of the investment, consistent with OAR 123-674-4300 (Local Waiver of Employment Increase inside Zone)(5)(a) and (b), must equal or exceed the applicable amount under ORS 285C.203 (Suspension of employment requirements)(1)(a)(B).
(3) If electing to do so, the zone sponsor needs to take preliminary action to grant the deferral, such as a formal notification from the local zone manager to the firm, that pending the resolution(s) in section (5) of this rule, declares:
(a) Whether the exemption would be suspended for one year or two consecutive years; and
(b) The minimum level of employment of the firm, which may even be less than Existing Employment (but must be more than zero), that is to be maintained during:
(A) The suspension period; and
(B) The exemption period remaining post‑suspension, if so allowed by the sponsor.
(4) Notice in section (3) of this rule may occur only at such a time when, as determined by the Department using the most recent data from Current Employment Estimates (CES) and Local Area Unemployment Statistics (LAUS), over at least two successive calendar quarters during the prior 12 months:
(a) Seasonally adjusted state employment shrank; and
(b) The unemployment rate of the county containing the property was two percentage points greater than the state’s rate, as averaged for the quarter.
(5) No later than 60 days after notification in section (3) of this rule or August 31 of the first year of suspension, whichever is earlier, the zone sponsor shall adopt resolution(s) confirming the action and declarations in section (3) of this rule.
(6) In each year of the suspension period, the firm shall file an exemption claim under ORS 285C.220 (Exemption claims), and might even meet normal requirements, but regardless, the county assessor shall in effect deny the exemption under ORS 285C.175 (Enterprise zone exemption) (without necessarily giving notice) and all qualified property covered by the authorization is subject to normal taxation for that year.
(7) At the conclusion of the suspension period, the firm shall reclaim and resume the remainder of exemption under ORS 285C.175 (Enterprise zone exemption) on any qualified property, but the firm and property are subject to disqualification under ORS 285C.240 (Disqualification), including but not limited to repayment of property taxes from any year of exemption before the suspension period, if:
(a) The sponsor amends or repeals its resolution in section (5) of this rule to revoke the suspension before July 1 following the suspension period;
(b) The firm failed to maintain during the suspension period the minimum level of employment set by the resolution;
(c) On or before April 1 of the first year of the resumed exemption period that remains, employment of the firm has not met the minimum level set by the resolution, if such a reduced level is allowed after the suspension period, or as otherwise required under ORS 285C.200 (Qualifications of business firm)(1)(c); or
(d) The firm fails to maintain the minimum level set by the resolution if so allowed, or otherwise (again) substantial curtails its operations or fails to meet normal requirements to remain qualified.
(8) In the case of an exemption already approved and received, the one-year payment in lieu of disqualification under ORS 285C.240 (Disqualification)(6) may occur with respect to a year before or after the suspension period as described in this rule (see OAR 123-674-6600 (PAYBACK IN LIEU OF DISQUALIFICATION — Applicability) to 123-674-6630 (Utilization of Payments)).
(9) The year(s) of noncompliance and of suspension shall correspond, but their exact relationship is subject to the determination of the local zone sponsor in consultation with the county assessor, preferably in preparing the resolution.
(10) The sponsor may:
(a) Modify the resolution on or before the next year’s August 31 to retract or insert the second consecutive year of suspension.
(b) Grant two one-year suspensions, if separately done in complete conformance with sections (3) and (5) of this rule.
(11) The local zone manager shall forward to the county assessor by August 31 of the tax year a copy of any resolution granting the suspension of exemption or of any amendment or revocation of such a resolution.

Source: Rule 123-674-6880 — Deferral during Recession, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=123-674-6880.

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 123-674-6880’s source at or​.us