Or. Admin. Code § 123-668-4200

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

Section 123-668-4200 - Fee Payment and Administration

For purposes of an agreement between an enterprise zone sponsor and a business firm and the school support fee rate as described in OAR 123-668-4000 and 123-668-4100:

(1) Fees are not collected for:

(a) The first, second or third year of any standard exemption period under ORS 285C.175; or

(b) A year preceding the sixth year of exemption on any long-term rural facility under ORS 285C.409(1)(c).

(2) For other years, the fee is based on that year's property tax savings due to the exemption, which pursuant to the current certified property tax assessment roll:

(a) Correspond to what is entered on the rolls under ORS 285C.175(7)(b) or 285C.409(3)(b);

(b) Include all taxing districts in each tax code area containing exempt property inside the school district (not only the school district's forgone taxes);

(c) Would be the best estimate accounting for significant factors under state law, such as market valuation, maximum assessed value, and the tax rate to have been effectively imposed on exempt property including, as practicable, compression or urban renewal division of tax revenue, as if there were no exemption; and

(d) Are not affected by any other fee or payment related to the same tax savings or by any discount or circumstance as if property taxes were actually paid.

(3) With any applicable exemption year, the zone sponsor/local zone manager shall:

(a) In October, seek information from the county assessor of estimated property tax savings consistent with section (2) of this rule that is broken out by relevant business firm and each school district in which any firm has applicably exempt property; and

(b) By November 1, communicate or deliver to appropriate administrators of any relevant school district:

(A) A copy of the respective agreement;

(B) Current status and applicable year of each business firm's exemption;

(C) That year's estimated property tax savings and the fee amount resulting from the established rate; and

(D) Complete, up-to-date information for effectively contacting and soliciting payment from each firm.

(4) School district officials correctly in receipt of information in subsection (3)(b) of this rule:

(a) Shall ensure that any affected business firm receives notice on or before December 1 for the amount and calculation of the fee due, with instructions to successfully make payment by December 31 and to promptly receive proof of payment;

(b) May make use of:

(A) Electronic systems to handle transactions;

(B) Certified mail or other means to verify or record exchanges; or

(C) Services of another organization to invoice and process fees on behalf of the district.

(5) Fee money paid by a business firm is credited to the school district as local revenue in direct relation to the associated exempt property of the firm located only in that district, irrespective of:

(a) Paragraph (4)(b)(C) of this rule; or

(b) The existence of any other school district inside the enterprise zone.

Or. Admin. Code § 123-668-4200

OBDD 14-2024, adopt filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285C.075, 285C.060(1) & 285C.067(2)

Statutes/Other Implemented: ORS 285C.160, 285C.162, 285C.403 & 285C.405