2023 Oregon Revised Statutes › Volume : 08 - Revenue and Taxation › Chapter 307 - Property Subject to Taxation; Exemptions › Section 307.158 - Continued exemption for former cemetery or crematory land used for exempt low income housing; application; disqualification; additional taxes.

(1) Notwithstanding ORS 92.095, 307.155 and 311.411, if land that is exempt under ORS 307.150 ceases to be used or held exclusively for cemetery or crematory purposes, the additional taxes that would otherwise be due under ORS 307.155 (2) shall remain a potential tax liability that is not imposed if:
(a) As of the date of sale or other transfer of title to the land, the land is being used or held for the purpose of providing low income housing that will be exempt from ad valorem property taxation under ORS 307.515 to 307.523 or 307.540 to 307.548; and
(b) All other requirements set forth in subsections (2) to (5) of this section are met.
(2) At the time of recording the deed to the land with the county clerk, the owner of the land shall file with the assessor of the county, and the governing body of the city or county that adopted the low income housing exemption, as applicable, in which the land is located a notice of intent:
(a) To apply for the exemption for low income housing under ORS 307.515 to 307.523 or 307.540 to 307.548 on the land; and
(b) To benefit from the provisions of this section.
(3)(a) The owner of the land must file the application for exemption, as applicable:
(A) Under ORS 307.521, no later than the deadlines set forth in ORS 307.523 that first occur after the date on which the owner recorded the deed to the land; or
(B) Under ORS 307.545, no later than the deadlines set forth in that section that first occur after the date on which the owner recorded the deed to the land.
(b) If the governing body to which the owner applies denies the application, the additional taxes described in ORS 307.155 (2) become due on the land.
(4) If the land is held for the purpose of developing low income housing for a period exceeding the reasonable maximum period, if any, adopted by the governing body of the city or county under ORS 307.517, 307.518 or 307.541, as applicable to the exemption granted for the land, the additional taxes described in ORS 307.155 (2) become due on the land.
(5)(a) If the land is not used to provide low income housing that is exempt under ORS 307.515 to 307.523 or 307.540 to 307.548 for at least 10 consecutive property tax years, the additional taxes described in ORS 307.155 (2) become due on the land. Any period for which the land is held for the purpose of developing low income housing on the land does not count toward the 10 consecutive property tax years.
(b) After the land has been used to provide low income housing that is exempt under ORS 307.515 to 307.523 or 307.540 to 307.548 for at least 10 consecutive property tax years, the potential tax liability of the land for the additional taxes described in ORS 307.155 (2) shall end.
(6) Additional taxes that become due on the land under this section:
(a) Shall be added to the next general property tax roll, to be collected and distributed in the same manner as other real property taxes.
(b) Are in addition to any additional taxes or other charges that become due upon disqualification of property exempt under ORS 307.515 to 307.523 or 307.540 to 307.548.
(7) The lien for additional taxes that become due under this section, and the interest on the additional taxes, shall attach as of July 1 of the property tax year in which the additional taxes become due under this section.
(8) For each year that the additional taxes described in ORS 307.155 (2) remain a potential tax liability that is not imposed under this section, the assessor shall enter on the assessment and tax roll, with respect to the land, the notation "(potential additional tax)."
(9) The amount of additional taxes determined to be due under this section may be paid to the tax collector prior to the completion of the next general property tax roll, pursuant to ORS 311.370.
(10) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. [2018 c.111 §9]
Note:
307.158 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.