OAR 150-315-0150
Pollution Control Facilities: Transfer of Facilities

(1)

A transferee of a facility previously certified and for which tax credits had been allowed in the hands of the transferor shall, in addition to the information required under OAR 150-315-0142 (Pollution Control Facilities: Information to be Furnished Upon Request), include in the statement the following:

(a)

The identification of each pollution control facility by the serial number issued to the transferor and the number issued to the transferee.

(b)

A computation of the total amount of tax credit claimed as available for each facility.

(2)

A transferee of a pollution control facility shall not claim the credit until the transferee obtains a new certificate as required by ORS 315.304 (Pollution control facilities)(8) and 468.170 (Action on application).

(a)

If a sole proprietorship or partnership obtains a pollution control facility certificate and the business subsequently incorporates, the new corporation must obtain a new certificate before it may claim any remaining credit for the facility. A new certificate is required even if the facility is transferred in a tax-free exchange.

(b)

When two or more domestic corporations merge or consolidate, or when one or more domestic corporations and one or more foreign corporations merge or consolidate, the successor corporation is not required to apply for a new certificate.

(c)

If a foreign corporation authorized to transact business in Oregon is merged or consolidated into another foreign corporation, the laws of the state in which the successor corporation is incorporated will govern the rights of the successor corporation and, hence, determine the transferability of the certificate.

(3)

When a facility is sold, the seller may claim a credit for the year of sale prorated to that portion of the tax year during which the seller owned and operated the facility. The buyer also may claim a credit for the year of purchase prorated to the period of ownership and operation of the facility, provided the buyer applies for and receives a new certificate as required by ORS 315.304 (Pollution control facilities)(8) and 468.170 (Action on application). If the seller’s tax year does not coincide with the purchaser’s, each taxpayer’s credit is based upon the portion of each taxpayer’s own tax year in which that taxpayer owned the facility.
Example. Taxpayer A sold a certified facility to taxpayer B on July 1. Taxpayer B is a fiscal year taxpayer with a tax year ending March 31. Taxpayer A’s credit would be limited to 50 percent of a full year’s credit (facility owned January 1 through June 30). Assuming taxpayer B applied for and received a new certificate taxpayer B would be entitled to 75 percent of a full year’s credit (facility owned July 1 through March 31).

(4)

Since ORS 315.304 (Pollution control facilities)(8) provides that “the tax credit available to such transferee shall be limited to the amount of credit not claimed by the transferor,” it is necessary that the seller disclose to the buyer the amount of maximum allowable credit not yet claimed, based on 50 percent, or lesser applicable percentage, of the original certificate holder’s investment in the facility. The transferee shall amortize the available credit over the shorter of the remaining useful life, as of the date of the new certificate, or ten years.

(5)

When a facility is sold, any credit carryforward from tax years prior to the sale cannot be sold or otherwise transferred to the buyer. Such credit shall be carried forward by the seller.

Source: Rule 150-315-0150 — Pollution Control Facilities: Transfer of Facilities, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=150-315-0150.

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 150-315-0150’s source at or​.us