Definitions of “intangible personal property” and “tangible personal property” for state property tax laws
- inapplicability to centrally assessed persons
Source:
Section 307.020 — Definitions of “intangible personal property” and “tangible personal property” for state property tax laws; inapplicability to centrally assessed persons, https://www.oregonlegislature.gov/bills_laws/ors/ors307.html
(accessed May 26, 2025).
Notes of Decisions
Legislature intended that exemption from ad valorem taxes now codified in ORS 307.400 apply only to category of tangible personal property defined in this section. Saunders v. Department of Revenue, 300 Or 384, 711 P2d 961 (1985)
Under 2003 version, nonapplicability of this section to person, company, corporation or association covered by ORS 308.505 to 308.665 did not limit tax exemption under ORS 307.400 for inventory of centrally assessed companies. Northwest Natural Gas Co. v. Dept. of Revenue, 19 OTR 367 (2007), aff’d 347 Or 536, 226 P3d 28 (2010)
In this section “tangible personal property” includes machinery and equipment that is capable of being moved because it is not fixed in place or attached to real property. Farmer’s Direct, Inc. v. Dept. of Rev., 24 OTR 399 (2021)
“Farm implement” is synonymous with farm “tool” and can include large and heavy machinery. Farmer’s Direct, Inc. v. Dept. of Rev., 24 OTR 399 (2021)
“Movable” in this section requires analysis of facts regarding manner and degree of attachment to real property, as well as application of remaining common-law test factors to extent applicable. Farmer’s Direct, Inc. v. Dept. of Rev., 24 OTR 399 (2021)