justicedao/ipfs_state_laws huggingface dataset:
123-623-4100 Reporting Elements Respective or in addition to items stipulated under ORS 285C.615(2), the report submitted to the Department by a benefiting business firm described in OAR 123-623-4000 must: (1) State for the applicable tax year, as may be confirmed or corrected through communication with the county assessor: (a) The real market and assessed value of the entire Approved Project in terms of what was exempt or taxable, as well as corresponding property taxes saved or paid by the firm; and (b) Which year it was out of the 15 that comprise the Abatement period. (2) Include the Total Cost of investments physically made: (a) In/during the calendar year directly preceding the report; (b) In/during the calendar year immediately prior to the one in subsection (a) of this section; and (c) Since commencement of the Approved Project up until and including the calendar year immediately prior to the one in subsection (b) of this section, which corresponds to investments affecting the property values in subsection (1)(a) of this rule. (3) Breakdown the amounts and recipients of fees or other (non-tax) payments made by or on behalf of the firm that arise from requirements under ORS 285C.609(6) or 285C.623(5), in addition to the amount of the statutory community service fee, in the calendar year directly preceding the report. (4) Provide data for Retained Jobs as relevant, Total Jobs, and taxable income and compensation of Total Jobs, in accordance with OAR 123-623-4200 that are broken out for: (a) The firm itself; and (b) A single general operator of the Approved Project, if relevant, but the report need not include information formally identifying any such general operator. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.615 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-4100 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08
123-630-0000 Purpose This division of administrative rules specifies procedures and criteria necessary to administer processes under the Oregon Low Income Community Jobs Initiative for the certification of a qualified equity investment in order to receive a credit allowance for taxes otherwise due under ORS chapter 316, 317 or 318. Statutory/Other Authority: ORS 285C.650 - 285C.656 & 315.526 – 315.536 Statutes/Other Implemented: ORS 285C.650 - 285C.656 & 315.526 – 315.536 History: OBDD 8-2015, f. & cert. ef. 9-1-15 Reverted to OBDD 6-2014, f. & cert. ef. 4-1-14 OBDD 2-2015(Temp), f. & cert. ef. 2-12-15 thru 8-10-15 OBDD 6-2014, f. & cert. ef. 4-1-14 OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14 OBDD 9-2012, f. & cert. ef. 6-1-12
123-630-0020 Credit Allowance (1) A person or entity that makes a qualified equity investment shall, at the time of investment, earn a vested credit against the taxes otherwise due under ORS chapter 316, 317 or 318. (2) The total amount of the tax credit available to a taxpayer under this section shall equal 39 percent of the purchase price of the qualified equity investment. The applicable percentage is zero percent for years 1 and 2, seven percent for year 3 and eight percent for years 4, 5, 6 and 7. A tax credit allowed under this section may not be sold or transferred, with the exception that tax credits that a partnership, limited liability company, S corporation or other pass-through entity is entitled to claim may be allocated to the partners, members or shareholders of the entity for their direct use in accordance with the provisions of any agreement among the partners, members or shareholders. (3) The holder of a qualified equity investment or any partner, member or shareholder of such holder pursuant to subparagraph 2 above on a particular credit allowance date of the qualified equity investment may claim a portion of the tax credit against its tax liability for the tax year that includes the credit allowance date equal to the applicable percentage for that credit allowance date multiplied by the purchase price of the qualified equity investment. (4) The credit allowed under this section may not exceed the tax liability of the taxpayer claiming the credit for the tax year in which the credit is claimed. (5) For qualified low-income community investments made, any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayer’s tax liability in any succeeding tax year. Any credit remaining in the next succeeding tax year may be carried forward and used in the second succeeding tax year. Any credit remaining unused in the second succeeding tax year may be carried forward and used in the third succeeding tax year. Any credit remaining unused in the third succeeding tax year may be carried forward and used in the fourth succeeding tax year. Any credit remaining unused in the fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be used in any tax year thereafter. For qualified low-income community investments made prior to January 1, 2014, any tax credit otherwise allowed under this section that is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayer’s tax liability in any succeeding tax year. Statutory/Other Authority: ORS 315.526 - 315.536 Statutes/Other Implemented: ORS 315.526 - 315.536, ORS 316 & 317 or 318 History: OBDD 6-2014, f. & cert. ef. 4-1-14 OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14 OBDD 9-2012, f. & cert. ef. 6-1-12
123-630-0040 Ineligible Activities Not all projects or businesses will qualify for the Oregon Low Income Community Jobs Initiative. Example businesses that are ineligible include but are not limited to: (1) Residential rental; (2) Owner occupied housing; (3) Farming operations; (4) Private or commercial golf courses; (5) Country clubs; (6) Massage parlors; (7) Hot tub facilities; (8) Suntan facilities; (9) Racetracks or other facilities used for gambling; and (10) Any store of which the principal business is the sale of alcoholic beverages for consumption off premises. Statutory/Other Authority: ORS 285C.650-285C.656 & 315.526 – 315.536 Statutes/Other Implemented: ORS 285C.650-285C.656 & 315.526 – 315.536 History: OBDD 6-2014, f. & cert. ef. 4-1-14 OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14 OBDD 9-2012, f. & cert. ef. 6-1-12
123-630-0060 Preference The department may give preference to applications for projects in traded sectors as identified by the Commission in the Strategic Plan and that demonstrates overall community benefit and have one or more of the following characteristics: (1) Produce goods that directly reduce emissions of greenhouse gases or are designed as environmentally sensitive replacements for products in current use; (2) Have a primary purpose of improving the environment or reducing emissions of greenhouse gases; (3) Are operated by businesses with 100 or fewer employees; (4) Are located in rural or distressed areas of the state; (5) Employ displaced workers in the area; (6) Assist in the economic diversification of the area; (7) Contain a significant amount of owner equity capital. At least ten percent of the project costs for established companies and 30 percent of project costs for start-ups should come from equity or subordinated loans from the owners; (8) Encourage the flow of capital from outside the local area; or (9) Do not cause adverse competitive disadvantages to existing businesses. Statutory/Other Authority: ORS 285C.650 & 315.526 – 315.536 Statutes/Other Implemented: ORS 285C.650 & 315.526 – 315.536 History: OBDD 6-2014, f. & cert. ef. 4-1-14 OBDD 9-2012, f. & cert. ef. 6-1-12
123-630-0090 Limitations for Certification (1) Once the department has certified a cumulative amount of qualified equity investments that can result in the utilization of $16 million of tax credits in any tax year, the department may not certify any more qualified equity investments under ORS 285C.650 and OAR 123-630-0080. This limitation shall be based on the scheduled utilization of tax credits without regard to the potential for taxpayers to carry forward tax credits to later tax years. (2) The department will reserve $30 million of qualified equity investment authority for qualified low-income community investments in qualified active low-income community businesses that: (a) Have a primary purpose of improving the environment or reducing emissions of greenhouse gases; or (b) Produce goods that directly reduce emissions of greenhouse gases or are designed as environmentally sensitive replacements for products in current use. (3) The department will reserve $170 million of qualified equity investment authority for all other qualified active low-income community investments (which may include the types of investments described in ORS 285C.653(s) and OAR 123-630-0090(2)). (4) All applications will indicate the amount of qualified equity investment authority sought by the applicant under OAR 123-630-0090(2) and 123-630-0090(3). The maximum amount of qualified equity investment authority for which an applicant may apply under 123-630-0090(2) is $30 million and under 123-630-0090(3) is $170 million. (5) The department shall pre-screen a qualified community development entity’s proposed investment in a qualified active low-income community business for purposes of determining if the business satisfies the requirements of ORS 285C.653(2) and OAR123-630-0090(2). The department shall, not later than 15 business days after the date of receipt of all relevant documentation, determine whether the qualified active low-income community business satisfies the requirements of ORS 285C.653(2) and OAR 123-630-0090(2) and notify the qualified community development entity in writing of the determination and an explanation of its determination. If the department fails to notify the qualified community development entity with respect to the proposed investment within the period specified in this paragraph, the business in which the qualified community development entity proposes to invest is considered to satisfy the requirements of ORS 285C.653(2) and OAR 123-630-0090(2). Statutory/Other Authority: ORS 285C.650 – 653 & 315.526 – 315.536 Statutes/Other Implemented: ORS 315.526 – 315.536 History: OBDD 11-2014, f. 6-30-14, cert. ef. 7-1-14 OBDD 6-2014, f. & cert. ef. 4-1-14 OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14 OBDD 9-2012, f. & cert. ef. 6-1-12
123-630-0100 Recapture of Tax Credit (1) The Department of Revenue may recapture any portion of a tax credit per ORS 285C.656 and ORS 315.533. (2) The Department of Revenue may recapture any portion of a tax credit if the qualified community development entity applies for and receives qualified equity investment authority under ORS 285C.653(2) and OAR 123-630-0090(2) and fails to invest at least 85 percent of the cash purchase price of the QEI in qualified active low-income community businesses that satisfy the requirements of ORS 285C.653(2) and OAR 123-630-0090(2) within 12 months of the issuance of the qualified equity investment and maintain such level of investment in qualified active low-income community businesses satisfying such requirements until the last credit allowance date for such qualified equity investment. Statutory/Other Authority: ORS 285C.656 & 315.526 – 315.536 Statutes/Other Implemented: ORS 285C.656 & 315.526 – 315.536 History: OBDD 11-2014, f. 6-30-14, cert. ef. 7-1-14 OBDD 6-2014, f. & cert. ef. 4-1-14 OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14 OBDD 9-2012, f. & cert. ef. 6-1-12
123-630-0110 Confidential Records (1) Upon written request and within a reasonable time, the Director or his designee shall provide program records, for inspection in accordance with ORS Chapter 192. (2) The person requesting records will be charged for preparing and mailing such records. Costs may include but not be limited to costs incurred in locating records, separating exempt and nonexempt records, having a custodian present during the inspection, preparing lists of data, making photocopies and telefaxing materials. Fees to be collected shall be set forth in the Department's schedule of fees and may be amended from time to time as the Department may determine. (3) Except as otherwise provided in ORS 192.410-192.595, records exempt from disclosure include but are not limited to: (a) Reports and analyses of reports which bear on the Applicant's character, finances, management ability and reliability, and which were obtained in confidence from persons or firms not required by law to submit them and the Department has obliged itself in good faith not to disclose the information; (b) Financial statements, tax returns, business records, employment history and other personal data submitted by or for Applicants, or analysis of such data; (c) Intra-departmental advisory memoranda preliminary to a decision; (d) Formulas, plans, designs and related information that constitute trade secrets under ORS 192; (e) Personal financial statement; (f) Financial statements of Applicants; (g) Customer lists; (h) Information of an Applicant pertaining to litigation to which the Applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the Applicant shows that such litigation is reasonably likely to occur. This exemption does not apply to conclude litigation and nothing in this section shall limit any right or opportunity granted by law to a party involved in litigation; (i) Production, sales or cost data; and (j) Marketing strategy information that relates to an Applicant's plan to address specific markets and Applicant's strategy regarding specific competitors. Statutory/Other Authority: ORS 285A.075, 192, 285C.656 & 315.526 – 315.536 Statutes/Other Implemented: ORS 192, 285C.656 & 315.526 – 315.536 History: OBDD 6-2014, f. & cert. ef. 4-1-14
123-635-0000 Purpose and Scope This division of administrative rules: (1) Specifies procedures and criteria for certification under the Oregon Investment Advantage Act to exempt the business income of qualified facilities from State income or corporate excise taxation under ORS 316.778 or 317.391, in order to spur investments in new Oregon operations with new full-time employees (earning certain average wages and minimum compensation levels) at qualifying facilities in counties exhibiting the worst per capita incomes and unemployment rates statewide. (2) Does not control or bind the Department of Revenue and is superseded by OAR chapter 150 in matters related to tax administration. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.495, 285C.500 – 285C.506, 316.778 & 317.391 History: OBDD 13-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 12-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 5-2016, f. & cert. ef. 3-28-16 OBDD 4-2011, f. 8-31-11, cert. ef. 9-1-11 Renumbered from 123-155-0000, OBDD 1-2011, f. & cert. ef. 1-3-11 OBDD 5-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 1-2009, f. 2-23-09, cert. ef. 2-24-09 EDD 9-2005, f. & cert. ef. 11-4-05 EDD 17-2002, f. 11-27-02, cert. ef. 12-2-02
123-635-0150 Qualified Locations A proposed Facility must be inside a county as determined according to section (1) of this rule, and located at a site satisfying the requirements of section (2) of this rule, at the time when the Department receives the application for preliminary certification: (1) With respect to county eligibility: (a) With on-line availability of (non-preliminary) annual statistics or data described in this rule, the Department shall analyze the most current and prior two years’ revised data, ascertain which counties in the state satisfy ORS 285C.500(5)(b), prepare associated information, and post it on the Department web site for use by the public, business firms and local economic development professionals. (b) The determination described in subsection (a) of this section shall first take effect at least once a year on January 1 or July 1 following on-line availability of the latest annual data. As the Department deems appropriate in response to the release of new annual data or revisions to that data, the Department may reissue or modify the determination, update associated information and set the effective date for changes in county status, as warranted. (c) A correct, prior determination in accordance with this section is not subject to retroactive change due to subsequent revisions to data for the same or future years. (2) The specific site of a proposed Facility must meet at least one of the following two requirements: (a) The site is completely inside the urban growth boundary (UGB) of a city with a population of 15,000 or less based on the most recent decennial U.S. Census count; or (b) Regardless of being inside or outside of any city’s UGB, the site consists entirely of land zoned for industrial use: (A) Pursuant to effective municipal zoning ordinances that expressively and generally permit permanent facilities and private operations for heavy or light manufacturing, energy production, fabrication, warehousing, distribution, mineral/agricultural processing or similarly intensive economic uses; (B) In accordance with applicable state land-use laws, including but not limited to those for unincorporated communities, exceptions from state planning goals, or ORS 197.713, 197.714 or 197.719; and (C) Such that the Facility's business operations must directly benefit a traded sector industry under ORS 285C.010, regardless of other uses permitted under the particular zoning code ordinance. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.500 & 285C.503 History: OBDD 13-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 10-2016, f. & cert. ef. 9-16-16 OBDD 5-2016, f. & cert. ef. 3-28-16 OBDD 12-2012, f. & cert. ef. 8-15-12 Renumbered from 123-155-0150, OBDD 1-2011, f. & cert. ef. 1-3-11 OBDD 5-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 9-2005, f. & cert. ef. 11-4-05 EDD 17-2002, f. 11-27-02, cert. ef. 12-2-02
123-635-0200 Preliminary Certification Application For purposes of ultimately seeking the exemption under ORS 316.778 or 317.391: (1) A business firm must complete an application for preliminary certification and send it to the Department, as follows: (a) Using the form prescribed by the Department; and (b) Before the following: (A) Commencement of construction, installation or similar activities with respect to any new property or improvements, which excludes site work or preparation other than appreciable improvements to the land, that constitute any part of the proposed Facility; and (B) Hiring of any employee, who will constitute the five or more required employees at that location. (2) The preliminary certification application must include a fee of $500 in the form of a check or money order payable to the Department. (3) Applications are available from and shall be submitted to: Incentives, Business Oregon, State Lands Building Suite 310, 775 Summer Street NE, Salem OR 97301-1280, see www.oregon.gov/biz. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.503 History: OBDD 26-2024, minor correction filed 10/17/2024, effective 10/17/2024 OBDD 16-2023, amend filed 07/05/2023, effective 07/05/2023 OBDD 12-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 5-2016, f. & cert. ef. 3-28-16 OBDD 4-2011, f. 8-31-11, cert. ef. 9-1-11 Renumbered from 123-155-0200, OBDD 1-2011, f. & cert. ef. 1-3-11 OBDD 5-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 9-2005, f. & cert. ef. 11-4-05 EDD 17-2002, f. 11-27-02, cert. ef. 12-2-02
123-635-0400 Application Fees, Waivers With respect to application fees as described in this division of administrative rules: (1) The Department may excuse the fee or reduce the required amount: (a) If a business firm's Facility readily qualifies for certification, but as determined based on Department experience and expertise relative to general business activity in the county, region or statewide, it: (A) Is very small in size; (B) Has minimal employment; or (C) Will likely have modest revenue prospects and little likelihood of effectively realizing much benefit from the exemption on taxable income; or (b) If it can be demonstrated that such a waiver will further the goals and objectives of the program and other relevant public policies, for example, when partial or non-imposition of the fee might promote business investments in areas of the state where the exemption has not yet been used. (2) The Department shall return or refund the amount collected to the applicant, if it rejects the application or denies the preliminary or annual certification, pending a final order to that effect. (3) The moneys collected would defray administrative costs; in particular, they may be critical for offsetting legal expenses in the event of contested case appeal. Statutory/Other Authority: ORS 285A.075, 285C.503(3) & 285C.506(4) Statutes/Other Implemented: ORS 285C.503 & 285C.506 History: OBDD 4-2011, f. 8-31-11, cert. ef. 9-1-11 Renumbered from 123-155-0400, OBDD 1-2011, f. & cert. ef. 1-3-11 OBDD 5-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 9-2005, f. & cert. ef. 11-4-05 EDD 17-2002, f. 11-27-02, cert. ef. 12-2-02
123-650-0001 Purpose and Scope (1) This division of administrative rules governs the existence, modification and termination of regular enterprise zone areas under ORS 285C.050 to 285C.250 ( Oregon Enterprise Zone Act ) that are: (a) Sponsored by city, port and county governments; and (b) Designated initially subject to a measure of economic hardship. (2) Subsequent divisions in this chapter address related types of designations and the tax incentives for business firms in the various zones, in particular, see OAR 123-656 for tribally and federally related enterprise zones and OAR 123-668 for guidelines respective to local zone sponsorship. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.045 & 285C.050 – 285C.250 History: OBDD 11-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 15-2015, f. & cert. ef. 11-12-15 OBDD 23-2010, f. & cert. ef. 6-14-10
123-650-0066 Enterprise Zone Existence (1) On and after October 5, 2015, there is no statewide numerical limit on enterprise zone designations or re-designations under ORS 285C.065 and 285C.250. (2) In addition, there are allowed: (a) Designations based on a federal enterprise zone directly under ORS 285C.085; and (b) Reservation enterprise zones and reservation partnership zones, under ORS 285C.306. (3) As of October 4, 2015, 68 enterprise zones were in existence by order of the Director in accordance with statutory provisions, as follow: (a) Eighteen under ORS 285C.065 and former ORS 285C.075 and 285C.080; (b) Forty-eight under ORS 285C.065 and 285C.250 (one of which was initially designated under ORS 285C.085); (c) None directly under ORS 285C.085; and (d) Two reservation enterprise zones under ORS 285C.306(2). (4) Of the 66 designations enumerated in subsections (3)(a) and (b) of this rule, 8 were still extant as of September 23, 2023, such that they or any other designation described in section (1) or (2)(a) of this rule: (a) Shall continue to exist and may be amended under ORS 285C.050 to 285C.250 until they terminate; and (b) May be re-designated as otherwise allowed until June 30, 2032, after which enterprise zone designations sponsored by local governments are disallowed under ORS 285C.255(1)(a). Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.050 – 285C.250 & 285C.255 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 11-2017, amend filed 11/29/2017, effective 11/29/2017 Renumbered from 123-650-0075, OBDD 15-2015, f. & cert. ef. 11-12-15 OBDD 13-2012, f. & cert. ef. 8-15-12