2017 ORS 315.508¹
Recordkeeping requirements
  • disallowance of credit

(1) A taxpayer who has claimed a credit under ORS 315.507 (Electronic commerce in designated enterprise zone) shall maintain records sufficient to show:

(a) That within three years following the year in which a credit was claimed under ORS 315.507 (Electronic commerce in designated enterprise zone), property owned or operated by the taxpayer and used in electronic commerce operations was exempt from property taxation under ORS 285C.175 (Enterprise zone exemption); and

(b) That at no time was property described in paragraph (a) of this subsection disqualified from exemption pursuant to ORS 285C.240 (Disqualification).

(2) The taxpayer shall provide these records to the Department of Revenue if requested by the department.

(3) The taxpayer shall maintain the records described in this section for at least five years following the last tax year for which the taxpayer claims any credit under ORS 315.507 (Electronic commerce in designated enterprise zone).

(4) If property owned or operated by the taxpayer is not both used in electronic commerce operations in an area designated for electronic commerce and exempt from property taxation under ORS 285C.175 (Enterprise zone exemption) within three years following the year in which a credit is first claimed under ORS 315.507 (Electronic commerce in designated enterprise zone), the department shall disallow the credit for the current or any prior tax year and collect any taxes that were not paid as a result of application of the credit.

(5) If property owned or operated by the taxpayer, used in electronic commerce operations in an area designated for electronic commerce and exempt from property taxation under ORS 285C.175 (Enterprise zone exemption) is disqualified from exemption under ORS 285C.240 (Disqualification), the department shall disallow the credit for the current or any prior tax year and collect any taxes that were not paid as a result of application of the credit.

(6) For purposes of collecting taxes due under subsection (4) or (5) of this section, the department shall have the benefit of all laws of this state pertaining to the collection of income and corporate excise taxes. No assessment of these taxes shall be necessary and no statute of limitations shall preclude the collection of these taxes. [2003 c.65 §2 and 2003 c.662 §65]

Chapter 315

Notes of Decisions

State could not recalculate tax for tax year closed to review in order to prevent elective carry forward of tax credit to tax year subject to review. Smurfit Newsprint Corp. v. Dept. of Revenue, 329 Or 591, 997 P2d 185 (2000)

1 Legislative Counsel Committee, CHAPTER 315—Personal and Corporate Income or Excise Tax Credits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors315.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 315, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano315.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.