Assessment of Property for Taxation

ORS 308.250
Valuation and assessment of personal property

  • property not subject to taxation in certain cases
  • annual notice authorized
  • form attesting no change in property
  • indexing

(1)

All personal property not exempt from ad valorem taxation or subject to special assessment shall be valued at 100 percent of its real market value, as of January 1, at 1:00 a.m. and shall be assessed at its assessed value determined as provided in ORS 308.146 (Determination of maximum assessed value and assessed value).

(2)

Notwithstanding subsection (1) of this section:

(a)

If the total assessed value of all taxable personal property required to be reported under ORS 308.290 (Returns) in any county of any taxpayer is less than $12,500 in any assessment year, the property is not subject to ad valorem property taxation for that year.

(b)

Manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 340,000 but less than or equal to 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 (Manufactured structures classified as real or personal property) of the taxpayer is less than $12,500.

(3)

(a) Notwithstanding subsection (1) of this section, manufactured structures of a taxpayer are not subject to ad valorem property taxation for any assessment year in which, in a county with a population of more than 570,000, the total assessed value of all manufactured structures taxable as personal property under ORS 308.875 (Manufactured structures classified as real or personal property) of the taxpayer is less than:

(A)

$25,000; or

(B)

A maximum dollar amount of $25,000 or more, if adopted by the governing body of the county for the assessment year.

(b)

Notwithstanding subsection (1) of this section, the governing body of a county with a population of more than 570,000 may grant a partial exemption for all manufactured structures taxable as personal property in a dollar amount adopted by the county. The dollar amount shall be subtracted from the total assessed value of the property.

(c)

The governing body of a county that adopts a dollar amount under paragraph (a)(B) or (b) of this subsection must notify the county assessor on or before January 1 of the assessment year for which the county first intends the dollar amount to apply.

(4)

(a) On or around January 1 of each year, the county assessor may provide notice to each taxpayer whose taxable personal property is not subject to ad valorem property taxation for the current property tax year under subsection (2)(a) of this section.

(b)

Notice provided under this subsection shall:

(A)

State that the taxpayer’s personal property is not subject to ad valorem property taxation for the current property tax year.

(B)

Include a form prescribed by the Department of Revenue by rule on which the taxpayer may attest by signing the form that the taxpayer has not added or deleted any taxable personal property since the prior assessment year.

(C)

State that, if the taxpayer has added or deleted personal property since the prior assessment year, the taxpayer is required to submit to the county assessor a signed business personal property return with an updated asset detail list on or before March 15.

(c)

A signed form returned to the county assessor within the time required under ORS 308.290 (Returns) shall be sufficient to make the taxable personal property of the taxpayer identified in the notice not subject to ad valorem property taxation for the subsequent property tax year.

(5)

(a) For each tax year beginning on or after July 1, 2003, the Department of Revenue shall recompute the maximum amount of the assessed value of taxable personal property in subsections (2)(a) and (b) and (3)(a)(A) and (B) of this section as follows:

(A)

Divide the average Consumer Price Index for All Urban Consumers, West Region, for the prior calendar year by the average U.S. City Average Consumer Price Index for 2002.

(B)

Recompute the maximum amount of assessed value under subsection (2)(a) or (b) of this section by multiplying $12,500 or $25,000, as applicable, by the appropriate indexing factor determined as provided in subparagraph (A) of this paragraph.

(b)

As used in this subsection:

(A)

“Consumer Price Index for All Urban Consumers, West Region” means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(B)

“U.S. City Average Consumer Price Index” means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor.

(c)

If any change in the maximum amount of assessed value determined under paragraph (a) of this subsection is not a multiple of $500, the increase shall be rounded to the nearest multiple of $500. [Amended by 1953 c.349 §3; 1959 c.553 §1; 1965 c.429 §3; 1971 c.529 §34; 1971 c.610 §1; 1973 c.62 §1; 1979 c.529 §3; 1979 c.692 §4; 1981 c.804 §41; 1985 c.422 §1; 1985 c.613 §9; 1991 c.459 §101; 1993 c.813 §1; 1995 c.513 §4; 1997 c.541 §163; 1997 c.819 §1; 2001 c.479 §1; 2003 c.63 §1; 2007 c.613 §2; 2010 c.69 §§1,2; 2013 c.205 §1; 2015 c.38 §2; 2015 c.217 §1; 2017 c.420 §1; 2019 c.533 §1]

Notes of Decisions

Even if there were precedent for allowing doctrine of equitable estoppel to be invoked against governmental unit on basis of oral communication over telephone by unknown person allegedly associated with governmental body, one cannot obtain through estoppel tax exemption not provided by statute. Proud Truck Sales, Inc. v. Dept. of Rev., 4 OTR 566 (1971)

Requirement of "sufficient documentary proof" for exemption under this section was not met where dealer mailed mere list of names and addresses of persons to whom he had sold mobile homes prior to May 1st without attachment to list of copies of contracts of sale, bills of sale or other forms of proof. Byer v. Dept. of Rev., 7 OTR 172 (1977)

Chapter 308

Notes of Decisions

Programs administered by Department of Revenue that allow preferential assessment for farm and forestland are not "programs affecting land use" and are not subject to requirement of statewide goal and local comprehensive plan compliance under ORS 197.180. Springer v. LCDC, 111 Or App 262, 826 P2d 54 (1992), Sup Ct review denied

Atty. Gen. Opinions

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

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