Or. Admin. Code § 123-662-2000

Current through Register Vol. 63, No. 11, November 1, 2024

Section 123-662-2000 - Enterprise Zone Business Eligibility

Respective to the standard exemption from property taxes under ORS 285C.175:

(1) A business firm engaged in Electronic Commerce will likely be eligible in other ways under ORS 285C.135, but it shall not be subject to the requirements or restrictions of those other ways once the enterprise zone is effectively an E-commerce zone.

(2) If an eligible business firm that originally sought eligibility based on Electronic Commerce does not satisfy that definition, it may still receive authorization and exemption subject to another way's requirements or restrictions, except in an area described in OAR 123-662-1200(3).

(3) The following may occur only once the enterprise zone is effectively an E-commerce zone:

(a) Authorization or qualification of a firm that is eligible only by virtue of Electronic Commerce; or

(b) Exemption of personal property permissible only under ORS 285C.185(1)(b)(B).

(4) Property that due to section (3) of this rule does not qualify for exemption by January 1 of the first year, for which a business firm may claim the exemption, is not allowed to qualify later, even if the enterprise zone is designated for E-commerce.

(5) After an area's status as an E-commerce zone effectively ceases, a business firm shall enjoy the following protection for exemption on qualified property respective to Electronic Commerce eligibility, notwithstanding that the firm might be eligible in another way, as described:

(a) In OAR 123-650-9500 and 123-650-9600, if for whatever reason the underlying enterprise zone terminates and the location of the qualified property is outside of a subsequent enterprise zone.

(b) Only in OAR 123-650-9500 regardless that the firm was already authorized or qualified, upon:

(A) Revocation of the zone's electronic commerce designation; or

(B) Termination of the underlying enterprise zone and designation of the location of qualified property in another enterprise zone without electronic commerce status.

Or. Admin. Code § 123-662-2000

OBDD 25-2010, f. & cert. ef. 6-14-10; OBDD 10-2015, f. & cert. ef. 10/5/2015; OBDD 10-2020, amend filed 08/12/2020, effective 8/12/2020; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075, 285C.050(5) & 285C.060(1)

Statutes/Other Implemented: ORS 285C.095, 285C.100, 285C.135, 285C.140, 285C.180, 285C.185 & 285C.245