justicedao/ipfs_state_laws huggingface dataset:
150-308-0695 Removal of Certain Elected Exempt Property from Correlated System Real Market Value of Centrally Assessed Property (1) Under ORS 308.671, a company may elect to have one of three types of property exempted from ad valorem property taxation. (a) Licenses granted by the Federal Communication Commission (FCC), (b) Franchises, or (c) Satellites that are used to provide communication services directly to retail customers, or that are being constructed for such use, and FCC licenses related to the use of the satellites to provide communication services. (2) ORS 308.555 authorizes the department to value all property of a centrally assessed company as a unit. Unit valuation means valuing an integrated group of assets functioning as an economic unit as “one thing,” without reference to the market value of any individual assets. To determine a company’s unit value, the department considers one or more of the cost, income and stock and debt approaches to value, reconciling the approaches to arrive at “unit value” also referred to as the “correlated system value.” (3) Under ORS 308.671(3), the value of exempt property listed in section (1) above is equal to the cost of the property carried in the accounting records of the company, less accrued depreciation reserve for that property. This is the exempt property net book value (“exempt NBV”). A company must provide in its Annual Statement the book cost and accrued depreciation reserve for the elected exempt property to obtain the exemption. (4) The department removes exempt property values of various types (for example motor vehicles) from a company’s correlated system value because the income, cost, or stock and debt approaches may be weighed and reconciled differently in any given tax year for any given company depending on the availability and quality of information. Because exempt NBV, for purposes of ORS 308.671, is a cost amount, the department will directly subtract that amount from the correlated system value if that value is based solely on the cost approach. Where the correlated system value is based on income and/or stock and debt approaches, as well as cost, the department must subtract the amount of exempt NBV that is actually reflected in the correlated system value. Consistent with the department’s long-standing market-to-book ratio method of subtracting exempt FCC licenses under the former OAR 150-307.126, a market-to-book ratio will be used for all of the exempt property under ORS 308.671. (5) The market-to-book ratio is derived by dividing the company’s correlated system value by the total NBV of the company’s taxable property (including the exempt NBV). The resulting ratio is multiplied by the company’s exempt NBV, and that amount is then subtracted from the company’s correlated system value. Statutory/Other Authority: ORS 305.100, 308.205 & 308.655 Statutes/Other Implemented: ORS 308.671 History: Renumbered from 150-308.671, REV 59-2016, f. 8-13-16, cert. ef. 9-1-16 Renumbered from 150-307.126, REV 6-2016, f. 7-28-16, cert. ef. 8-1-16 REV 17-2010, f. 12-17-10, cert. ef. 1-1-11
150-308-0730 Special Assessment Disqualification Process (1) The assessor must disqualify property from special assessment as government restricted multiunit rental housing if: (a) The property is no longer multiunit rental housing subject to a government restriction on use; or (b) An event described in ORS 308.146(3)(b) or (c) occurs with respect to the multiunit rental housing; or (c) The owner requests disqualification. (2) The property owner must notify the county assessor, in writing, within 60 days of a disqualifying event. (3) Property disqualified from special assessment must be valued by ordinary appraisal methods in the tax year immediately following the disqualifying event. (4) For any tax year following the tax year of disqualification, a property owner may reapply to the county assessor for special assessment if: (a) The multiunit rental housing property again becomes subject to a government restriction on use; or (b) An event described in ORS 308.146(3)(b) or (c) caused the disqualification. (c) The property was voluntarily disqualified from special assessment and the owner is filing a new application under the conditions described in the voluntary disqualification rule. (5) The following penalties apply if the property owner fails to notify the assessor within 60 days of the disqualifying event: (a) If the property is disqualified because the multiunit rental housing is no longer subject to a government restriction on use, the penalty is the difference between the taxes imposed and those that would have been imposed had the property not been specially assessed, plus any applicable interest. (b) If the property is disqualified because new property is constructed or new improvements are made to the qualified property, no penalty will be charged. The new property or improvements will be assessed as omitted property. (c) If the property is disqualified because of an event described in ORS 308.146(3)(b) or (c), the penalty is the difference between the taxes imposed and those that would have been imposed had the property not been specially assessed, plus any applicable interest. (d) If the property is disqualified at the owner’s request and none of the disqualifying events in (1)(a) or (1)(b) exist, there is no penalty. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 205.320, 308.027, 308.156, 308.205, 308.234, 308.704, 308.709, 308.712, 308.714, 309.200, 311.806, 309.200 & 457.450 History: Renumbered from 150-308.714-(A), REV 59-2016, f. 8-13-16, cert. ef. 9-1-16 REV 6-2001, f. & cert. ef. 12-31-01
150-308-0740 Process for Voluntary Disqualification from Special Assessment Program and Subsequent Application (1) An owner may choose to remove their property from special assessment as government restricted multiunit rental housing at any time. The voluntary disqualification from special assessment becomes effective as follows: (a) If the request for withdrawal from the program is filed with the assessor between January 1 and June 30 inclusive, the property will be removed from special assessment for the tax year beginning July 1 of the same calendar year. (b) If the request for withdrawal from the program is filed with the assessor between July 1 and December 31 inclusive, the property will be removed from special assessment for the tax year beginning July 1 of the next calendar year. (2) If a property is voluntarily disqualified from special assessment, the owner may file a new application and election form with the county assessor, on or before April 1 of any assessment year within 10 years immediately following the first tax year the property was first qualified for special assessment. If the application is approved, the property will be specially assessed for the next tax year. (3) If a property has been voluntarily disqualified from special assessment, the property can qualify only one more time for special assessment. This subsequent qualification must occur within the 10 year period following the first tax year the property was first qualified for special assessment. Any applications for special assessment received by the assessor after the 10-year period will be denied. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 205.320, 308.027, 308.156, 308.205, 308.234, 308.704, 308.709, 308.712, 308.714, 309.200, 311.806, 309.200 & 457.450 History: Renumbered from 150-308.714-(B), REV 59-2016, f. 8-13-16, cert. ef. 9-1-16 REV 6-2001, f. & cert. ef. 12-31-01
150-308-0750 Payment of Taxes on Manufactured Structure That Allows Change from Real Property to Personal Property Status When a manufactured structure that is currently assessed as real property under ORS 308.875 is being moved, the tax collector must allocate the taxes between the manufactured structure and the remainder of the property. The full payment of the taxes on the value attributable to the manufactured structure releases the manufactured structure from the property tax lien. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308.865 History: Renumbered from 150-308.865, REV 59-2016, f. 8-13-16, cert. ef. 9-1-16 REV 7-2005, f. 12-30-05, cert. ef. 1-1-06 RD 5-1996, f. 12-23-96, cert. ef. 12-31-96
150-308-0760 Manufactured Structure Classified as Real or Personal Property (1) When the records in the assessor's office or the ownership document issued by Building Codes Division of the Department of Consumer and Business Services (DCBS) do not identify the same ownership for a manufactured structure as for the land upon which the structure is located, the assessor must classify the manufactured structure as personal property. However, if the taxpayer submits documentation establishing that the ownership of the manufactured structure and land upon which the structure is located is the same, the assessor must classify the manufactured structure as real property. Example 1: The land is in the name of Pat Public, Inc., a corporation, and the manufactured structure is in the name of Pat Public. Because a corporation is a different legal entity than an individual, the ownership is not the same, so the manufactured structure must be classified as personal property. Example 2: Spouses in a marriage are owners of a parcel of land upon which a manufactured structure is located. The ownership document for the manufactured structure is in one spouse’s name only. The ownership is not the same and the manufactured structure must be classified as personal property. Example 3: Pat Public owns a manufactured structure and is buying on contract the parcel of land upon which the structure is located. For purposes of ORS 308.875 the ownership is the same and the manufactured structure must be classified as real property. (2) When the owner of a manufactured structure has a leasehold estate of 20 years or more, and the lease specifically permits the owner to record that lease in the county deed records, the owner may complete an application as prescribed by DCBS to have the home classified as real property. If the assessor determines that the manufactured structure qualifies for recording as required by ORS 446.626, and the lease has subsequently been recorded in the county deed records, the assessor must then classify the home as real property. (3) When the owner of a manufactured structure is a member of a manufactured dwelling park nonprofit cooperative formed under ORS 62.800 to 62.815 that owns the land on which the manufactured structure is located, the owner may complete an application as prescribed by DCBS to have the home classified as real property. If the assessor determines that the manufactured structure qualifies for recording as required by ORS 446.626, the assessor must then classify the home as real property. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308.875 History: REV 4-2017, f. 5-31-17, cert. ef. 6-1-17 Renumbered from 150-308.875-(A), REV 59-2016, f. 8-13-16, cert. ef. 9-1-16 REV 11-2009, f. 12-21-09, cert. ef. 1-1-10 REV 9-2006, f. 12-27-06, cert. ef. 1-1-07 RD 5-1996, f. 12-23-96, cert. ef. 12-31-96 RD 6-1994, f. 12-15-94, cert. ef. 12-30-94 RD 11-1990, f. 12-20-90, cert. ef. 12-31-90
150-308-0770 Real and Personal Manufactured Dwellings to be Assessed in Like Manner All manufactured dwellings are assessable. (1) Under ORS 308.875, the owner of a personal property manufactured dwelling need not file a personal property return on the structure. (2) The personal property assessment cancellation provided in ORS 308.250 does not apply to such dwellings. (3) They shall be assessed at 100 percent of real market value. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308.875 History: Renumbered from 150-308.875-(B), REV 59-2016, f. 8-13-16, cert. ef. 9-1-16 RD 6-1993, f. 12-30-93, cert. ef. 12-31-93 RD 11-1990, f. 12-20-90, cert. ef. 12-31-90
150-308-1020 Disposal by donation to a local food bank or school (1) Definitions for this rule (a) “Local food bank” means any organization located in the state of Oregon, that is a charitable or not-for-profit organization that collects food and distributes it, without charge, to the needy, including children and families, homeless, unemployed, elderly or low income people. For the purposes of ORS 308A.056(1)(g) and this rule, “local food bank” includes regional food banks as defined under OAR 813-220-0005(6). (b) “School” means a public or private educational institution, or a publicly or privately funded early childhood education program located in the state of Oregon. (2) For the donation to a local food bank or school of products or by-products raised for human or animal use to constitute a “farm use” under ORS 308A.056, the owner, renter or operator of the land to be qualified for farm use special assessment shall document the donation in writing and shall submit that documentation to the county assessor, if requested. (a) The documentation required by this subsection shall contain, at a minimum: (A) The name, address, and phone number of the owner, renter or operator applying for or maintaining the land in special assessment. (B) The description, date, and quantity of the donation. (C) The description of the land upon which the product or by product was raised including either the county assessor’s tax lot number or tax account number. (D) The signature of the director, supervisor, or other appropriate official, whether paid or volunteer, of the local food bank or school receiving the donation. (E) The name and address of the local food bank or school receiving the donation. (F) A signed statement by the owner, renter or operator of the land for which special assessment is requested or maintained verifying that the information provided is accurate. (b) The owner, renter or operator may satisfy the documentation requirements of section (2) by submitting a completed Form 150-101-240 to the county assessor. (c) If the owner, renter or operator does not produce the documentation described in this subsection in response to a request from the county assessor, then the land may be disqualified from special assessment. (3) Nothing in ORS 308A.056(1)(g) or this rule shall constitute an exception to the income requirements for nonexclusive farm use zone farmland, as set forth in ORS 308A.071, and the value of donated products or by-products shall not be included in the calculation of either “gross income” under ORS 308A.071(7)(b), or “income from consumed products” under OAR 150-308-1050. Publications: Contact the Oregon Department of Revenue for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule pursuant to ORS 183.360(2) and 183.355(1)(b). Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308A.056 History: REV 18-2020, minor correction filed 09/25/2020, effective 09/25/2020 Renumbered from 150-308A.056(1)(g), REV 25-2016, f. 8-12-16, cert. ef. 9-1-16 REV 3-2014, f. & cert. ef. 7-31-14
150-308-1030 Assessment of Farmlands Within Exclusive Farm Use (EFU) Zones (1)(a) Zoned farm use land means land that is zoned as farm use land pursuant to ORS 215.010 to 215.190. (b) Real market value is the basis for the assessment of farmland not qualified to be assessed at farm use value. Real market value is defined in ORS 308.205. (2) Qualification and Disqualification Dates: (a) To be entitled to farm use assessment, land must be qualified as of January 1 each year. Often, qualifying farm use land is not farmed during the winter months which include the qualifying date of January 1. If land is not employed in farm use on January 1, the assessor may look at the prior year’s usage of the land to determine qualification for January 1. (b) Farm use disqualifications take effect July 1 following the disqualification. (3) Appeal on the question of qualification for special assessment as farm use land: An appeal from a decision of the assessor concerning qualification for special assessment as farmland under ORS Ch. 308A is made directly to the Magistrate Division of the Tax Court under 305.275(1) (also see 305.280). It is not made through an appeal to the county Property Value Appeals Board. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308.370 & 308A.062 History: REV 17-2024, minor correction filed 06/25/2024, effective 06/25/2024 Renumbered from 150-308A.062, REV 25-2016, f. 8-12-16, cert. ef. 9-1-16 Renumbered from 150-308.370, REV 11-2000, f. 12-29-00, cert. ef. 12-31-00 RD 8-1991, f. 12-30-91, cert. ef. 12-31-91 RD 11-1990, f. 12-20-90, cert. ef. 12-31-90 RD 9-1989, f. 12-18-89, cert. ef. 12-31-89 RD 8-1988, f. 12-19-88, cert. ef. 12-31-88 RD 16-1987, f. 12-10-87, cert. ef. 12-31-87 RD 9-1984, f. 12-5-84, cert. ef. 12-31-84 RD 9-1983, f. 12-20-83, cert. ef. 12-31-83 TC 17-1979, f. 12-20-79, cert. ef. 12-31-79 12-31-77 12-75 11-73 9-71 3-70 2-68 1-66 12-63
150-308-1040 Assessment of Farmlands Outside of Exclusive Farm Use (EFU) Zones (1)(a) To qualify for assessment at its farm use value, land not within an exclusive farm use zone: (A) Must be currently employed in a qualifying farm use; (B) Must have been used for farm use for the two years preceding the current assessment year; (C) Must have met the income requirement for three out of the last five years and; (D) Must have an application filed with the assessor meeting the requirements of ORS 308A.077. (b) Real market value is the basis for the assessment of farmland not qualified to be specially assessed at farm use value. Real market value is defined in ORS 308.205. (2) Qualification and Disqualification Dates: (a) To be entitled to farm use assessment, land must be qualified as of January 1 each year. Most land is not farmed during the winter months including January 1. If land is not employed in farm use on January 1, the assessor may look at the prior year’s usage of the land to determine qualification for January 1. (b) All farm use disqualification takes effect July 1 following the disqualification. (3) Effect of lease or option to buy surface rights. If any owner of land outside an EFU zone grants and has outstanding a lease or option to buy surface rights of such land that permits other than farm use of all or a portion of the land, that land subject to such other use is not qualified for special farm use assessment under ORS Ch. 308A. Leases for hunting, fishing, camping or other recreational use or the exploration of geothermal, mineral or other subsurface resources will not disqualify the land if the exploration, use, or possession does not interfere with the farm use of the farmland. The income derived from such leases will not be included for the income test. (4) Appeal on the question of qualification for special assessment as farm use land: An appeal from a decision of the assessor concerning qualification for special farm use assessment under ORS Ch. 308A is made directly to the Magistrate Division of the Tax Court under 305.275(1) (also see 305.280). It is not made through an appeal to the county Property Value Appeals Board. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308.380 & 308A.068 History: REV 18-2024, minor correction filed 06/25/2024, effective 06/25/2024 Renumbered from 150-308A.068, REV 25-2016, f. 8-12-16, cert. ef. 9-1-16 Renumbered from 150-308.380-(B), REV 11-2000, f. 12-29-00, cert. ef. 12-31-00 RD 9-1997, f. & cert. ef. 12-31-97 RD 2-1997(Temp), f. & cert. ef. 9-15-97 thru 3-9-98 RD 8-1992, f. 12-29-92, cert. ef. 12-31-92 RD 8-1988, f. 12-19-88, cert. ef. 12-31-88 12-31-77 3-76 11-73 9-71 3-70 2-68 1-66 12-63
150-308-1060 Wasteland “Wasteland” has the same meaning as defined in OAR 150-308-1010. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308A.074 History: Renumbered from 150-308A.074, REV 25-2016, f. 8-12-16, cert. ef. 9-1-16 REV 11-2000, f. 12-29-00, cert. ef. 12-31-00
150-308-1070 Acquired Land as Part of Farming Unit Land not in an exclusive farm use zone (non-EFU) that is acquired by an owner of a qualifying farm unit may be added to the farm unit if: (1) Newly acquired land is put to a farm use in a timely manner consistent with accepted farming practices. There is no requirement that a previous owner used the land for farming. (2) The owner, described in ORS 308A.077(2)(b), files an application with the county assessor on or before April 1 preceding the first tax year for which special farm use assessment is requested. (a) The first year the acquired property may be eligible for special assessment is the calendar year following acquisition. Example: Non-EFU property acquired February 10, 1999. Calendar year 2000 is the first year after acquisition. Therefore, the first year that this property could receive special assessment is tax year 2000-01 and applications for tax year 2000-01 special farm use assessment are due April 1, 2000. (b) There is no requirement that the taxpayer seek or receive special farm use assessment for the property for its first eligible tax year. Example: Non-EFU property acquired February 10, 1999. Although the acquired property was put into farm use immediately after purchase, the owner decided to wait three years before applying for special assessment. For this property to be placed under special assessment for tax year 2003-04, the taxpayer must apply by April 1, 2003. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308.374 & 308A.080 History: Renumbered from 150-308A.080, REV 25-2016, f. 8-12-16, cert. ef. 9-1-16 REV 11-2000, f. 12-29-00, cert. ef. 12-31-00, Renumbered from 150-308.374 RD 8-1992, f. 12-29-92, cert. ef. 12-31-92 RD 8-1991, f. 12-30-91, cert. ef. 12-31-91
150-308-1080 Valuation of Certain Agricultural Land to Reflect Value for Farm Use Only (1) Certain farm properties are set aside under a government payment program such as the federally administered Conservation Reserve Program (CRP). The payments received for farmlands placed in these conservation programs must not be used as income for computing farm use values. Income data from similar lands that are not included in the conservation programs should be used instead to compute farm use values. New farm use values must be computed each year as though the land in the conservation programs was being used for a farm use. NOTE: Acreage that is not in an exclusive farm use zone, and is under a farm-related government conservation program, is not subject to the gross income requirements. (2) Values for farm use are to be determined on the basis of highest and best agriculture use, regardless of how the land is currently used and employed in agriculture. Example 1: The land is capable of raising wheat, but the owner elects to pasture the property. The highest and best agricultural use of the property is as wheat land, so the farm use value would be based on wheat land. Example 2: The land is capable of raising wheat, but the owner adds site improvements to enable the planting of an orchard. The highest and best agricultural use is now as orchard land, so the farm use value would be based on orchard land. (3) If the owner of land assessed as farm use land contends the assessor's farm use value is not correct, the value may be appealed to the county Property Value Appeals Board as provided by ORS 309.100. An appeal from an adverse decision of the board may be filed with the Magistrate Division of the Tax Court as provided by 305.275(2) (also see 305.280). Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 308.345 & 308A.092 History: REV 19-2024, minor correction filed 06/25/2024, effective 06/25/2024 Renumbered from 150-308A.092, REV 25-2016, f. 8-12-16, cert. ef. 9-1-16 REV 3-2014, f. & cert. ef. 7-31-14 REV 11-2000, f. 12-29-00, cert. ef. 12-31-00, Renumbered from 150-308.345 RD 11-1990, f. 12-20-90, cert. ef. 12-31-90