OAR 150-315-0146
Pollution Control Facilities: To Whom Is Credit Allowable


(1)

With the exception of a facility used for resource recovery certified on or after November 1, 1981, and pulp, paper and paperboard facilities discussed in paragraph (2), the credit is allowable only to the taxpayer who owns or conducts the trade or business which utilizes the facility. Therefore, if the owner of the facility also carries on the trade or business which uses the facility, such owner is entitled to the credit. But if the owner of the facility leases the property to someone who carries on a trade or business using the leased property, then the lessee is the one entitled to the credit during the period of the lease agreement.

(2)

If an application for certification of a pulp, paper or paperboard facility is filed with the Department of Environmental Quality on or after January 1, 1999, the credit may be claimed by the facility’s owner/lessor, including a contract purchaser, or lessee. The owner need not operate the facility or conduct the trade or business that utilizes the property to qualify for the credit.

(3)

Intentionally left blank —Ed.

(a)

For a resource recovery facility certified on or after November 1, 1981, and prior to September 27, 1987, the credit is allowable to taxpayers who own, lease, or have a beneficial interest in the facility. “Beneficial interest” refers to the right to receive a profit, benefit, or other advantage from the facility. That right must be conveyed by a contract or other written document. A capital investment is required. Beneficial interest includes but is not limited to a partner’s interest in a partnership owning part or all of the facility, or a contract purchaser’s interest in a facility. If more than one taxpayer has an interest in the facility, the cost may be allocated between them. It is not necessary that the cost be allocated according to percentage of interest. The total costs allocated cannot exceed the total certified cost.

(b)

For a resource recovery facility certified on or after September 27, 1987, the credit is allowable only to the taxpayer who owns, or leases the facility. An allocation of the costs is not allowed for these facilities.

(c)

For purposes of (a) and (b), it is not necessary that the taxpayer receiving the credit operate or use the facility in the business.

(d)

The taxpayer to whom the certificate is issued must file a written statement with the Department of Revenue not later than the final day of the first tax year for which a tax credit is claimed. For resource recovery facilities certified prior to September 27, 1987, the statement must designate the persons to whom the certified costs have been allocated and the cost allocated to each. For resource recovery facilities certified on or after September 27, 1987, the statement filed with the Department of Revenue must designate the taxpayer claiming the credit.

Source: Rule 150-315-0146 — Pollution Control Facilities: To Whom Is Credit Allowable, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=150-315-0146.

150–315–0005
Tax credit uniformity transfer provisions
150–315–0010
Claim of Right Credit
150–315–0012
Qualified Reforestation Costs
150–315–0014
Procedure for Claiming the Reforestation Credit
150–315–0016
Change of Ownership
150–315–0018
Reforestation Credit: Reasons Beyond the Taxpayer’s Control
150–315–0040
Fish Screening Device Credit
150–315–0050
Transfer of Biomass Credit
150–315–0060
Crop Gleaning Credit: Information Required
150–315–0065
Higher Education Savings (529) and Achieving A Better Life Experience (ABLE) account credit recapture
150–315–0070
Agriculture Workforce Housing Credit
150–315–0100
Child Care Division Contribution Credit
150–315–0110
Scholarship Tax Credit
150–315–0121
Working Family Household and Dependent Care Credit
150–315–0125
Working Family Household and Dependent Care Penalty
150–315–0140
Pollution Control Facilities: Types of Facilities Eligible for Certification
150–315–0142
Pollution Control Facilities: Information to be Furnished Upon Request
150–315–0144
Pollution Control Facilities: Computation of Credit
150–315–0146
Pollution Control Facilities: To Whom Is Credit Allowable
150–315–0148
Pollution Control Facilities: Years in Which Credit May Be Claimed
150–315–0150
Pollution Control Facilities: Transfer of Facilities
150–315–0152
Pollution Control Facilities: Tax Credit Carry Forward
150–315–0154
Pollution Control Facilities: Adjustment of Basis
150–315–0170
Business Energy Tax Credit: Transfer of Facilities
150–315–0180
Oregon Tax Credit Auctions
Last Updated

Jun. 8, 2021

Rule 150-315-0146’s source at or​.us