ORS 320.308
Exemptions

  • exception

The following are exempt from the state transient lodging tax:

(1)

A dwelling unit in a hospital, health care facility, long term care facility or any other residential facility that is licensed, registered or certified by the Department of Human Services or the Oregon Health Authority.

(2)

A dwelling unit in a facility providing treatment for drug or alcohol abuse or providing mental health treatment.

(3)

A dwelling unit that is used by members of the general public for temporary human occupancy for fewer than 30 days per year. The exemption granted under this subsection does not apply to a dwelling unit that is rented out as transient lodging using a platform of any kind provided in any manner by a transient lodging intermediary.

(4)

A dwelling unit, the consideration for which is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter.

(5)

A dwelling unit at a nonprofit youth or church camp, nonprofit conference center or other nonprofit facility.

(6)

A dwelling unit that is leased or otherwise occupied by the same person for a consecutive period of 30 days or more during the year. The requirements of this subsection are satisfied even if the physical dwelling unit changes during the consecutive period, if:

(a)

All dwelling units occupied are within the same facility; and

(b)

The person paying consideration for the transient lodging is the same person throughout the consecutive period.

(7)

Barracks, quarters or other facilities or space located on installations owned, operated or controlled by the Oregon Military Department that are used for temporary overnight human occupancy by:

(a)

Active or retired members or service veterans of the Armed Forces of the United States or the National Guard or other reserve component of the Armed Forces of the United States; or

(b)

Employees or agents of the Oregon Military Department. [2005 c.187 §3; 2009 c.595 §206; 2019 c.499 §1; 2021 c.525 §45]
Note: Section 48, chapter 525, Oregon Laws 2021, provides:
Sec. 48. Section 47 of this 2021 Act [320.357 (Exemption of military facilities used for temporary occupancy)] and the amendments to ORS 320.308 (Exemptions) by section 45 of this 2021 Act apply to occupancy described in ORS 320.308 (Exemptions) (7) and section 47 of this 2021 Act that occurs before, on or after the effective date of this 2021 Act [September 25, 2021]. [2021 c.525 §48]
Note: 320.308 (Exemptions) was added to and made a part of 320.300 (Definitions for ORS 320.300 to 320.365) to 320.365 (Department of Revenue to collect local transient lodging taxes on local not regional level) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 320.308 — Exemptions; exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors320.­html.

320.005
Definitions for ORS 320.005 to 320.150
320.011
Amusement device excise tax
320.012
Increase in tax when net receipts exceed specified amounts
320.013
Additional tax for Oregon Youth Corps
320.016
When tax is due
320.075
Joint and several liability for tax
320.080
Procedure on failure to pay tax or penalty
320.100
Distribution of tax receipts
320.110
Rules
320.120
Employment of agents
320.130
Law enforcement officers to enforce tax and assist department
320.140
Tax does not legalize ownership, display or operation in violation of law
320.150
Oregon State Lottery assistance in tax collection responsibilities
320.170
Restriction on construction tax imposed by school district
320.171
Restriction on construction tax imposed by local government, local service district or special government body
320.173
Exemptions
320.176
Limitations
320.179
School district resolutions
320.183
Long-term facilities plan for capital improvements
320.186
Payment of obligations
320.189
Payment of taxes
320.192
City or county ordinance or resolution to impose tax
320.195
Deposit of revenues
320.300
Definitions for ORS 320.300 to 320.365
320.302
Certain terms definable by rule
320.303
Invoice to be provided upon payment of tax
320.305
Rate and computation of tax
320.308
Exemptions
320.310
Records and statements
320.315
Due date and form of returns
320.320
Refunds
320.325
Amounts held in trust
320.330
Applicability of other provisions of tax law
320.332
Disclosure of confidential information by Department of Revenue and local governments
320.335
Distribution of moneys received
320.340
Exemption from public records law
320.345
Collector reimbursement charges
320.347
Alternative remittance of receipts from tax on camping and recreational vehicle spaces
320.350
Tax moratorium
320.355
Computation of tax
320.357
Exemption of military facilities used for temporary occupancy
320.360
Due date of returns
320.365
Department of Revenue to collect local transient lodging taxes on local not regional level
320.400
Definitions for ORS 320.400 to 320.490 and 803.203
320.401
Transportation project tax expenditures in continuous effect
320.405
Tax for privilege of engaging in business of selling motor vehicles at retail
320.410
Tax on use in Oregon of motor vehicles purchased out of state at retail
320.415
Excise tax on retail sale of bicycles
320.420
Collection of use tax
320.425
Exempt sales
320.430
Refunds for excess payments
320.435
Deposit of revenue from motor vehicle privilege and use taxes
320.440
Deposit of revenue from excise tax on bicycles
320.445
Collection at point of sale of use tax and excise tax
320.450
Liability for taxes
320.455
When purchasers required to remit use tax and excise tax
320.460
Sellers required to keep records
320.465
Subpoena authority of Department of Revenue
320.470
Disclosure of information
320.475
Applicability of other provisions of tax law
320.480
Department of Revenue to administer and enforce transportation project tax laws
320.485
Agreement with Department of Transportation for collection of use tax
320.490
Local government motor vehicle tax moratorium
320.550
Tax on wages
320.555
Applicability of other provisions of tax law
320.560
Distribution of moneys received
320.990
Penalties
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