2011 ORS § 285C.403¹
Certification of business firm
- • application
- • review
- • appeal
(1) Any business firm proposing to apply for the tax exemption provided under ORS 285C.409 (Property tax exemption) shall, before the commencement of construction or installation of property or improvements at a location in a rural enterprise zone and before the hiring of employees, apply for certification with the sponsor of the zone and with the county assessor of the county or counties in which the zone is located. The application shall be made on a form prescribed by the Department of Revenue.
(2) The application shall contain the following information:
(a) A description of the firms proposed business operations and facility in the rural enterprise zone;
(b) A description and estimated cost or value of the property or improvements to be constructed or installed at the facility;
(c) An estimate of the number of employees at the facility that will be hired by the firm;
(d) A commitment to meet the applicable requirements of ORS 285C.412 (Conditions for continued exemption);
(e) A commitment to satisfy all additional conditions agreed to pursuant to the written agreement between the rural enterprise zone sponsor and the business firm under subsection (3)(c) of this section; and
(f) Any other information considered necessary by the Department of Revenue.
(3) The sponsor and the county assessor shall certify the business firm by approving the application if the sponsor and the county assessor determine that all of the following requirements have been met:
(a) The governing body of the county and city in which the facility is located has adopted a resolution approving the property tax exemption for the facility.
(b) The business firm has committed to meet the applicable requirements of ORS 285C.412 (Conditions for continued exemption).
(c) The business firm has entered into a written agreement with the sponsor of the rural enterprise zone that may include any additional requirements that the sponsor may reasonably request, including but not limited to contributions for local services or infrastructure benefiting the facility. The written agreement shall state the number of consecutive tax years for which the facility, following commencement of operations, is to be exempt from property tax under ORS 285C.409 (Property tax exemption). The agreement may not provide for a period of exemption that is less than seven consecutive tax years or more than 15 consecutive tax years. If the agreement is silent on the number of tax years for which the facility is to be exempt following placement in service, the exemption shall be for seven consecutive tax years.
(d) The facility is located in a county with chronically low income or chronic unemployment, based on the most recently revised annual data available when the written agreement with the zone sponsor is executed.
(4) The approval of an application by both the sponsor and the county assessor under subsection (3) of this section shall be prima facie evidence that the business firm will qualify for the property tax exemption under ORS 285C.409 (Property tax exemption).
(5) The sponsor and the county assessor shall provide copies of an approved application to the applicant, the Department of Revenue and the Oregon Business Development Department.
(6) If the sponsor or the county assessor fails or refuses to certify the business firm, the business firm may appeal to the Oregon Tax Court under ORS 305.404 (Oregon Tax Court) to 305.560 (Appeals procedure generally). The business firm shall provide copies of the firms appeal to the sponsor, the county assessor, the Oregon Business Development Department and the Department of Revenue. [Formerly 285B.783; 2005 c.94 §14]