ORS 311.670
Eligibility of property
(1)
Property is not eligible for tax deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) unless, at the time a claim is filed and during the period for which deferral is claimed, the property meets the requirements of this section.(2)
Intentionally left blank —Ed.(a)
The property for which the claim is filed must have been the homestead of the individual or individuals who file the claim for deferral for at least five years preceding April 15 of the year in which the claim is filed.(b)
The five-year requirement under paragraph (a) of this subsection does not apply to a homestead that meets all other requirements of this section, if the individual or individuals filing the claim for deferral:(A)
Are required to be absent from the homestead by reason of health;(B)
Intentionally left blank —Ed.(i)
Moved to the homestead for which the claim is filed from a homestead that was granted deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) and was of greater real market value than the homestead for which the claim is filed;(ii)
Sell the prior homestead within one year of purchasing the homestead for which the claim is filed;(iii)
Satisfy any lien created under ORS 311.673 (State liens against tax-deferred property) or 311.679 (Estimate of deferred taxes) and attached to the prior homestead; and(iv)
Provide a written attestation that the individual or individuals incurred debt for not more than 80 percent of the purchase price of the homestead for which the claim is filed; or(C)
Are a surviving spouse or disabled heir claiming continuation of deferral under ORS 311.688 (Claim by surviving spouse or disabled heir to continue tax deferral).(3)
The individual claiming the deferral, individually or jointly, must own the fee simple estate under a recorded instrument of sale, or two or more individuals together must own the fee simple estate with rights of survivorship under a recorded instrument of sale if all owners live in the property and if all owners apply for the deferral jointly.(4)
Intentionally left blank —Ed.(a)
The homestead must be insured for fire and other casualty.(b)
If the homestead meets all other requirements of this section and is insurable for fire and other casualty but not insured, the Department of Revenue may purchase insurance for the homestead and add the cost of the insurance coverage to a lien created under ORS 311.679 (Estimate of deferred taxes).(5)
There may be no prohibition to the deferral of property taxes contained in any provision of federal law, rule or regulation applicable to a mortgage, trust deed, land sale contract or conditional sale contract for which the homestead is security.(6)
A homestead is not eligible for deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) unless the real market value of the homestead entered on the certified assessment and tax roll for the property tax year immediately preceding the property tax year for which the taxes will be deferred is less than the greater of $250,000 or:(a)
100 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead less than seven years.(b)
110 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least seven years but less than nine years.(c)
120 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least nine years but less than 11 years.(d)
130 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 11 years but less than 13 years.(e)
140 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 13 years but less than 15 years.(f)
150 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 15 years but less than 17 years.(g)
160 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 17 years but less than 19 years.(h)
170 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 19 years but less than 21 years.(i)
200 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 21 years but less than 23 years.(j)
225 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead at least 23 years but less than 25 years.(k)
250 percent of county median RMV if, as of April 15 of the year in which a claim is filed, the taxpayers have continuously owned and occupied the homestead for 25 years or more.(7)
Intentionally left blank —Ed.(a)
For each tax year beginning on or after July 1, 2022, the Department of Revenue shall recompute the $250,000 minimum cap on allowable real market value provided under subsection (6) of this section as follows:(A)
Divide the average Consumer Price Index for All Urban Consumers, West Region, for the first six months of the current calendar year by the average Consumer Price Index for All Urban Consumers, West Region, for the first six months of 2021.(B)
Recompute the minimum cap on allowable real market value by multiplying $250,000 by the appropriate indexing factor determined under subparagraph (A) of this paragraph.(b)
Any change in the minimum cap on allowable real market value determined under paragraph (a) of this subsection shall be rounded to the nearest multiple of $500.(8)
For purposes of subsection (6) of this section, a surviving spouse or disabled heir who is eligible to claim continuation of deferral under ORS 311.688 (Claim by surviving spouse or disabled heir to continue tax deferral) is considered to have owned and occupied the homestead from the date on which the deceased individual or individuals who filed the claim for deferral first owned and occupied the homestead. [1963 c.569 §9; 1965 c.344 §37; 1977 c.160 §3; 1983 c.550 §3; 1985 c.140 §3; 2011 c.723 §3; 2015 c.309 §1; 2021 c.535 §3](2)
An individual whose claim was denied before the effective date of this 2021 Act solely because the real market value of the individual’s property exceeded the applicable maximum allowable real market value under ORS 311.670 (Eligibility of property) (6) is not barred from filing a new claim for deferral on or after the effective date of this 2021 Act for property tax years beginning on or after July 1, 2021. [2021 c.535 §4]
Source:
Section 311.670 — Eligibility of property, https://www.oregonlegislature.gov/bills_laws/ors/ors311.html.
Notes of Decisions
Where taxpayer was absent from exempt property to care for ill family member, exception permitting absence by reason of health does not apply because it refers to taxpayer’s own health. Azar v. Dept. of Revenue, 21 OTR 302 (2013)
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