Property Subject to Taxation

ORS 307.370
Property of nonprofit homes for elderly persons

  • limitation on lessee


(1)

In aid of veterans tax exemptions, subject to the conditions prescribed in ORS 307.370 (Property of nonprofit homes for elderly persons) to 307.385 (Credit to resident’s account with share of tax exemption) and 308.490 (Determining value of homes for elderly persons), there shall be exempt from taxation the personal property and a portion of the real property computed as provided in ORS 307.380 (Claiming exemption under ORS 307.370), owned or being purchased under a contract by a corporation described in ORS 307.375 (Type of corporation to which exemption under ORS 307.370 applicable) which is actually and exclusively occupied and used in the operation of a nonprofit home for elderly persons.

(2)

For the purposes of subsection (1) of this section, a corporation which is described in ORS 307.375 (Type of corporation to which exemption under ORS 307.370 applicable) which has only a leasehold interest in a nonprofit home for elderly persons operated by it is deemed to be a purchaser of the property if the operating lessee is specifically obligated by its contract of lease to pay the ad valorem taxes on the real and personal property used in the operation of the home. [1969 c.587 §2; 1974 c.54 §1; 1975 c.780 §17]

Notes of Decisions

This section does not require the county assessor to take affirmative steps to place exemption forms in the hands of nonprofit homes for the elderly. Cascade Manor, Inc. v. Dept. of Rev., 5 OTR 482 (1974)

Language stating that nonprofit home exemptions are "in aid of veterans tax exemptions" does not limit or condition personal property exemption. Coos County v. Dept. of Revenue, 14 OTR 282 (1998)

Chapter 307

Atty. Gen. Opinions

Validity of ad valorem and severance taxation of logs destined for export, (1975) Vol 37, p 427; application of Article XI, section 11b of Oregon Constitution to this chapter, (1990) Vol 46, p 388

Law Review Citations

5 EL 516 (1975)


Source

Last accessed
Jun. 26, 2021