reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0530 - Certification of Nonprofit Corporation Low Income Housing Exemption to County Assessor

Current through Register Vol. 63, No. 7, July 1, 2024
If the governing body determines under ORS
				307.547 that property qualifies
				for exemption from taxation, the governing body must certify the exemption to
				the county assessor:
(1) On or before
			 April 1 preceding the tax year for which exemption is granted, or
(2) If after April 1, within one week of the
			 governing body determining the property qualifies for exemption.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  307.547
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0700 - Rural Health Care Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions:
(a) "Health care provider" has the meaning
			 given that term as defined in ORS
			 127.505(11).
(b) "Medical care" has the same
			 meaning as "health care services" as defined in ORS
			 750.005(5) and
			 it must be provided by a health care provider.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0710 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The word "solely" in ORS
				307.811(1), is
				interpreted to mean that the potentially exempt property, real or personal, is
				being used exclusively in the operations of a long term care facility,
				including personal, common and auxiliary support areas and property related to
				such operations. Example: The exemption may include the bedroom and bathroom,
				common areas and kitchen and storage areas and other property, provided that
				such property is used only in the operations of the facility.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  307.811
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0720 - Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 facility to obtain the long term care facility exemption, the following
			 documentation must be filed with the county assessor's office:
(a) A copy of the certification of
			 qualification for exemption, for the tax year for which exemption is sought,
			 issued by Oregon Department of Human Services.
(b) A copy of the appropriate resolution or
			 ordinance from each taxing district adopting the provisions of ORS
			 307.811. Such an ordinance or
			 resolution would read substantially equivalent to the following: The provisions
			 of ORS 307.811 are adopted for the
			 purpose of allowing real and personal property or eligible long term care
			 facilities to be exempt from ad valorem property taxation within this taxing
			 district.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0800 - Vertical Housing Development Zone Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Residential use" means regular,
			 sustained occupancy of a residential unit in the project by a person or family
			 as the person's or family's primary domicile, but not units and related areas
			 used primarily as:
(a) Hotels, motels,
			 hostels, rooming houses, bed and breakfast operations or other such transient
			 accommodations; or
(b) Nursing
			 homes, hospital-type in-patient facilities or other living arrangements, even
			 of an enduring nature, where the character of the environment is predominately
			 care-oriented rather than solely residential; or
(c) Nonresidential use as defined in ORS
			 307.841(5).
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0900 - Qualified Heavy Equipment and Qualified Heavy Equipment Rental Providers - Definitions and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions set forth in ORS
			 307.870 are incorporated herein
			 by reference.
(2) Qualified heavy
			 equipment is held primarily for rent if it is publicly offered for rent for a
			 term of less than 365 consecutive days, or offered for rent for a term of less
			 than 365 consecutive days with an option to purchase or lease.
(3)
(a) A
			 qualified heavy equipment rental provider must be primarily engaged in the
			 business of renting qualified heavy equipment without an operator. A heavy
			 equipment rental provider is primarily engaged in the business of renting heavy
			 equipment without an operator if more than 50 percent of gross revenue earned
			 from the rental of personal property (as defined in ORS
			 307.020 and OAR 150-307-0030) in
			 Oregon during the rental provider's prior fiscal year was from the rental of
			 heavy equipment, heavy equipment attachments, associated trailers, and other
			 equipment and tools that:
(A) are
			 mobile;
(B) are rented without an
			 operator but typically require an operator for use;
(C) can be used for construction, mining,
			 earthmoving or industrial applications.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0905 - Equipment and Tools Subject to the Heavy Equipment Rental Tax

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions set
			 forth in ORS 307.870 are incorporated herein
			 by reference.
(2) The heavy
			 equipment rental tax applies to heavy equipment, heavy equipment attachments,
			 associated trailers, and other equipment and tools rented from a qualified
			 heavy equipment rental provider required to be registered with the Oregon
			 Department of Revenue, provided that the heavy equipment, attachments,
			 associated trailers, and equipment and tools:
(a) are mobile;
(b) can be used for construction, mining,
			 earthmoving or industrial activities;
(c) would otherwise be subject to ad valorem
			 property tax under ORS
			 307.030;
(d) are rented for a term less than 365
			 consecutive days, or an open-ended, or undefined term.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0906 - Liability for Unpaid Heavy Equipment Rental Taxes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "qualified
			 heavy equipment provider" has the meaning given under OAR 150-307-0900 and
			 includes, but is not limited to, an officer, member, or employee of the
			 qualified heavy equipment provider, if, among other duties, that individual
			 has:
(a) Authority to see that the heavy
			 equipment rental taxes are paid when due;
(b) Authority to prefer one creditor over
			 another;
(c) Authority to hire and
			 dismiss employees;
(d) Authority to
			 set employees' working conditions and schedules;
(e) Authority to sign or co-sign
			 checks;
(f) Authority to compute
			 and sign heavy equipment rental tax returns;
(g) Authority to make fiscal decisions for
			 the business; or
(h) Authority to
			 incur debt on behalf of the business.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0910 - Cost of Heavy Equipment Operator's Service Not Subject to Rental Tax

Current through Register Vol. 63, No. 7, July 1, 2024
The cost of a heavy equipment operator's services is not
				subject to the heavy equipment rental tax. The rental tax must be applied to
				the rental price of the equipment rental as if rented without an operator. The
				amount of rental tax charged for the rental of heavy equipment with an
				operator's services cannot be less than the tax that would have been charged if
				the equipment had been rented without an operator.
Statutory/Other Authority: ORS
				  305.100 &
				  307.872
Statutes/Other Implemented: ORS
				  307.872
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0915 - Heavy Equipment Rental Tax Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions set forth in ORS
			 307.870 are incorporated herein
			 by reference.
(2) Qualified
			 equipment and tools rented directly to the United States (U.S.) federal
			 government or any of its agencies or instrumentalities are exempt from the
			 heavy equipment rental tax.
(3) The
			 qualified heavy equipment rental provider must document the tax-exempt nature
			 of rentals made to federal government agencies or instrumentalities and retain
			 such documentation in its records.
Example 1:
The U.S. Forest Service rents a
				bulldozer from DCA Heavy Equipment Rental Company to assist in fighting a
				forest fire. Because the Forest Service rents the bulldozer directly from DCA
				Heavy Equipment Rental Company, and pays for the rental, the rental is exempt
				from the rental tax. DCA Heavy Equipment Rental must document the tax-exempt
				nature of the rental by keeping a copy of the U.S. credit card receipt, check,
				voucher, or copy of documentation that clearly indicates payment was made by
				the United States government.
Example 2:
Eckington Contractors provides fire
				and aviation support services to the U.S. Forest Service and is currently
				working on a major project for the Forest Service. In order to complete this
				project, Eckington Contractors rents a bulldozer from DCA Heavy Equipment
				Rental Company. While the bulldozer will be used for the U.S. Forest Service
				project, the rental agreement was signed and paid for by Eckington Contractors.
				As such, the rental is not exempt from the tax and DCA Heavy Equipment Rental
				Company must collect the heavy equipment rental tax due.
Statutory/Other Authority: ORS
				  305.100 &
				  307.872
Statutes/Other Implemented: ORS
				  307.872
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0920 - Long Term Rental Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions set forth in ORS
			 307.870 are incorporated herein
			 by reference.
(2) For purposes of
			 this rule, "rental agreement" means an agreement between a qualified heavy
			 equipment rental provider and a renter for the use of qualified heavy equipment
			 for a single defined term of less than 365 consecutive days, an open-ended
			 term, or an undefined term. When determining the length of a rental agreement,
			 each term and any extensions or amendments extending the agreement beyond the
			 initial term are considered separately.
(3) Qualified heavy equipment rented for a
			 single defined term of 365 consecutive days or more is not subject to the heavy
			 equipment rental tax and, therefore, no longer qualifies for the exemption from
			 ad valorem property tax provided in ORS
			 307.872.
(a) The qualified heavy equipment rental
			 provider must notify the County Assessor according to ORS
			 308.290 and ORS
			 311.410. The heavy equipment
			 must be added to the property tax rolls.
(b) Any qualified heavy equipment rented
			 under an agreement for a defined term of 365 consecutive days or more on July 1
			 is subject to ad valorem property tax as provided by ORS
			 311.410(1).
Example 1:
DCA Heavy Equipment
				Rental Company rents a bulldozer under a six-month rental agreement. The rental
				agreement is subsequently extended for a second term of seven months. Each term
				is considered separately. As neither the initial six-month term, nor the second
				seven-month term add up to 365 or more consecutive days, the equipment rented
				under the agreement is subject to the rental tax.
Example 2:
DCA Heavy Equipment
				Rental Company rents a bulldozer from their Jackson County location. The
				bulldozer is rented under a rental agreement with an initial term of six
				months. The rental agreement is subsequently extended for a second term of two
				years. Each term is considered separately. The initial term of six months is
				subject to the rental tax. The second term of two years is exempt from the
				heavy equipment rental tax. DCA Heavy Equipment Rental Company must notify the
				Assessor according to ORS
				308.290 and ORS
				311.410 that the bulldozer has
				been rented for a single defined term of two years, and is no longer exempt
				from ad valorem property tax.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 307 - PROPERTY SUBJECT TO TAXATION › Section 150-307-0930 - Eligibility for Workforce Housing

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of determining eligibility for workforce housing
				exemptions under Chapter 527, Oregon Laws 2021, "annual taxable income" means
				adjusted gross income from the applicant's federal income tax return for the
				taxpayer's federal tax year immediately preceding the federal tax year in which
				the applicant files an application.
Statutory/Other Authority: ORS
				  305.100
Statutes/Other Implemented: Section 2, Chapter 527, Oregon
				  Laws 2021
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0010 - Continuing Education Requirements for Registered Appraisers, Waiver of those Requirements, and Revocation of Registrations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Registered appraisers in Oregon must participate in a continuing education
			 program related to technical competency. To maintain their registration,
			 appraisers must meet the continuing education requirements outlined in this
			 rule, or OAR 150-308-0050  for assessors and directors of assessment and
			 taxation, or OAR 150-308-0060  for appraisal managers. The requirements of this
			 rule apply to any person who wishes to maintain registration, without regard to
			 the person's place of employment, except for assessors, directors of assessment
			 and taxation, and appraisal managers.
(2) Definitions:
(a) For the purposes of this rule, a
			 "registered appraiser" is a person who has satisfied the requirements of ORS
			 308.010 relating to successful completion of an appraiser skills
			 examination.
(b) "Technical
			 credits" are units of training that are approved by the department in
			 assessment and taxation subjects.
(A) Topics
			 eligible for technical credit include, but are not limited to: mass appraisal,
			 tax rate calculation, ratio studies, personal property, farm or forest uses,
			 property value appeals board, property tax exemptions and special assessments
			 and computer applications.
(B)
			 Technical credits are equal to the number of hours in a course or presentation
			 the Department of Revenue (department) approves for continuing
			 education.
(C) Technical credits
			 are awarded for course attendance and presentation once per two-year cycle. A
			 maximum of 10 technical credits per two year cycle are awarded for course
			 development. A course instructor will receive technical credits for
			 presentation for the first training session equal to the number of hours the
			 department approved for continuing education for that training
			 session.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0020 - Revocation of Appraiser Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will permanently revoke
			 the registration of an appraiser when it has received a certified copy of a
			 final determination, as prescribed by this section, that the appraiser has
			 committed civil or criminal fraud or misrepresentation.
(2) Such determination must be by a court,
			 state or local government administrative body, or statutorily authorized board
			 of arbitration, and must result from a claim or defense in the proceeding based
			 upon an allegation that the appraiser committed such fraud or
			 misrepresentation.
(3) Such
			 determination shall be 'final,' when no longer subject to review by a court or
			 body of higher jurisdiction. The department shall notify the Department of
			 Administrative Services of the revocation. The appraiser's registration shall
			 then be removed from the data base of currently registered
			 appraisers.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  308.010
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0030 - Appraiser Trainee Program

Current through Register Vol. 63, No. 7, July 1, 2024
"Appraiser Trainee Program" provides on the job training for
				employees in a county assessor's office. Employees in a county assessor's
				office may be enrolled in the program under the supervision of the county
				assessor and a Department of Revenue employee. A standardized training program
				outlining minimum training requirements for all trainees shall be developed by
				the Department of Revenue. An individualized training program may be prepared
				for each trainee, depending on their education and work experience.
(1) For the purpose of this rule, "employee"
			 includes, but is not limited to:
(a) Any
			 person filling a position included in the assessor's budget.
(b) Any person for whom the assessor has
			 agreed to provide on the job training and is not in a position included in the
			 assessor's budget i.e. a person referred to the county assessor through a
			 licensed vocational rehabilitation organization.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0040 - Standards for Imposition, Waiver, and Reduction of Penalty on Utilities and Designated Companies Assessed by the Department. Imposition of Penalty for Failure to File a Timely or Complete Return

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may impose a penalty under
			 ORS 308.030 whenever an annual
			 statement is not filed within the time fixed for filing an annual statement or
			 by the approved extension date, or an incomplete annual statement is filed.
(a) The annual statement packets that are
			 mailed to the taxpayer contain cover letters which specify the information that
			 the taxpayer must include in the annual statement the taxpayer submits to the
			 department. If a taxpayer submits an incomplete annual statement, the
			 department will return it to the taxpayer with a notice stating the information
			 that is required for the annual statement to be considered complete. A complete
			 annual statement must be refiled within 14 days from the date on the notice of
			 the incomplete filing.
(b) The
			 taxpayer may be subject to a late-filing penalty under ORS
			 308.030 if the complete annual
			 statement is not filed by the later of the original due date, the approved
			 extension date, or 14 days from the date on the notice of the incomplete
			 filing. Taxpayer Request for Waiver or Reduction
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0050 - Continuing Education Requirements for Assessors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Assessors and directors of assessment and
			 taxation must have 15 credits of technical training, 15 credits of management
			 training and 15 credits which they can allocate in any combination of technical
			 or management credits for a total of 45 credits every two years. Newly
			 appointed or elected assessors must complete 20 credits of technical training,
			 20 credits of management training and 20 credits which they can allocate in any
			 combination of technical or management credits for a total of 60 credits within
			 the first two calendar years following their appointment or election.
(a) Technical training must be in the area of
			 assessment and taxation such as appraisal, budgets, ratio studies, and tax rate
			 computation. A minimum of 15 credits of technical training must be completed
			 every two years. Assessors and directors of assessment and taxation must
			 complete a course in Basic Mass Appraisal.
(b) Management training must be in the area
			 of personnel relations (hiring, discipline, dismissals) office management and
			 management of an appraisal program. A minimum of 15 credits of management
			 training must be taken every two years.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0060 - Continuing Education Requirement for Appraisal Managers in County Assessment Offices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appraisal
			 managers means employees classified in the county's management personnel
			 category who supervise appraisal staff. Appraisal managers must be registered
			 appraisers under ORS 308.010.
(2) Appraisal managers must meet the same
			 continuing education requirements as assessors under OAR 150-308.057.
(3) Completion of the continuing
			 education requirements under this rule for appraisal managers shall be
			 considered to meet the continuing education requirements of ORS
			 308.010(4)(a).
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  308.059
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0070 - Qualifications of Managerial Employees of the Assessor's Office

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 ensure qualified management in county assessment offices, persons hired into a
			 management position in a county must meet at least the following general
			 minimum qualifications.
(a) Basic knowledge
			 of the principles, practices and techniques of supervision and management.
(b) Skill in communicating
			 effectively.
(c) Skill in
			 supervising, including planning and assigning work according to the nature of
			 the job to be accomplished.
(d)
			 Ability to use the people, equipment and budgetary resources available to meet
			 program goals and objectives.
(e)
			 Ability to understand, apply, and explain provisions of the laws, rules,
			 regulations, policies, procedures, standards and guidelines governing program
			 operations.
(f) Some positions,
			 for example chief appraiser, will require a high level of specialized technical
			 expertise.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0080 - Taxable Personal Property Whose Temporary Situs Is in the State of Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
Personal property is assessable under ORS
				308.105 if it is in Oregon on
				the assessment date, January 1, at 1 a.m., and meets the following conditions:
(1) The property is not in transit,
			 but has come to rest in Oregon;
(2) The property was not here by misadventure
			 or some reason beyond the owner's control. The owner intended the property to
			 remain here for the time being;
(3) While in Oregon the property performed
			 the service for which it was designed and for the benefit of the owner's
			 business;
(4) Was not in Oregon
			 solely for repairs.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  308.105
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0090 - Billboards as Real Property

Current through Register Vol. 63, No. 7, July 1, 2024
All billboards that are erected upon the land or affixed to
				buildings or other permanent structures shall be classified as real property.
(1) The person or persons who are
			 responsible for paying the taxes on the billboard must file annually with the
			 assessor's office a Real Property Return for all billboards within the county.
(2) Either of the following
			 procedures may be used by the assessor in assessing billboards.
(a) Establish one "A1-improvement only"
			 account for each billboard based upon location; or
(b) The county may establish one
			 "A1-improvement only" account for each individual ownership in each tax code
			 area where the billboards are located. This account lists the locations - by
			 address, map/tax lot or both - of all billboards in the tax code area.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0100 - Determining Maximum Assessed Value when the Property Class is Changed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The single act
			 of changing the property classification, described in OAR 150-308.215(1)-(A),
			 to better reflect the highest and best use of the property, does not qualify as
			 an exception to the 3 percent limitation on growth in the maximum assessed
			 value (MAV), as described in ORS
			 308.146(1).
(2) Any exception value added to
			 the base MAV after the change is made to the property class will be calculated
			 by applying the changed property ratio of the current property class to the
			 real market value of any qualified exception identified in ORS
			 308.146.
Stat. Auth.: ORS
				  305.100.
Stats. Implemented: ORS
				  308.146.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0110 - Reduction of Maximum Assessed Value (MAV) for Property Destroyed or Damaged by Fire or Act of God

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Fire
			 or act of God" has the same meaning and restrictions as used in ORS
			 308.425 including the arson
			 restriction of ORS 308.440.
(2) As used in ORS
			 308.146(5)(a),
			 "reduction in real market value" means that the total real market value (RMV)
			 after adjustment is less than it would otherwise have been, had the damage or
			 destruction by fire or act of God not occurred.
(3) When a portion of property is destroyed
			 or damaged by fire or act of God, use the following procedure to adjust MAV for
			 the year in which the destruction or damage is reflected by a reduction in RMV.
Note:
An example is incorporated into the steps
				with the following assumptions:
2008-09 MAV = $187,379
2008-09 (1-1-08) total RMV equals $300,000.
2008-09 assessed value (AV) = $187,379.
9-1-08 the house is destroyed by fire. The house RMV for 1-1-08
				was $180,000.
There is no market trending in this area.
Step 1: Multiply the prior year AV by 1.03. Compare the result
				to the prior year MAV to determine the larger amount. The larger amount becomes
				the current year MAV (unadjusted) as if the account had not changed, i.e., the
				larger of: Prior year AV x 1.03 or prior year MAV = current year MAV of
				unchanged account.
Example:
Larger of: $187,379 x 1.03 = $193,000 or
				$187,379. Current year MAV = $193,000.
Step 2: Determine the prior year's RMV for the affected
				portion. The affected portion is that part of the property that was destroyed
				or damaged by fire or act of God. The RMV of the loss is the RMV of the
				affected portion.
Example:
RMV of affected portion equals $180,000.
Step 3: Subtract the RMV of the affected portion (Step 2) from
				the prior year total RMV to determine the RMV of the unaffected portion, i.e.,
				the prior year total RMV - RMV of the affected portion = RMV of the unaffected
				portion.
Example:
$300,000 - $180,000 = $120,000.
Step 4: Divide the RMV of the unaffected portion (Step 3) by
				the total prior year RMV to determine the percentage of unaffected property,
				i.e., the RMV of the unaffected portion / total prior year RMV = percentage of
				unaffected property.
Example:
$120,000 / $300,000 = 40%
Step 5: Multiply the unadjusted MAV (Step 1) by the percentage
				of unaffected property (Step 4) to determine MAV that has been adjusted to
				reflect the loss from fire or act of God (MAV attributable to the unaffected
				portion only), i.e., the unadjusted MAV x percentage of unaffected property =
				MAV adjusted to reflect the loss from fire or act of God.
Example:
$193,000 x 40% = $77,200.
(5) As used in section (4), the
			 "year" in which the RMV is reduced due to fire or act of God can be either:
(a) The assessment year.
(b) The tax year if RMV is determined as of
			 July 1 under ORS 308.146(6) or
			 308.428.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0120 - Reduction of Maximum Assessed Value (MAV) When a Building is Demolished or Removed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 ORS 308.146(8)(a),
			 "reduction in real market value" means the total real market value (RMV) after
			 adjustment is less than it would otherwise have been, had the demolition or
			 removal not occurred.
(2) As used
			 in section (3) of this rule, the "year" in which the RMV is reduced due to
			 demolition or removal is either:
(a) The
			 assessment year, or
(b) The tax
			 year, if RMV is determined as of July 1 under ORS
			 308.146(6).
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0130 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 ORS 308.149:
(a) "New construction" means any new
			 structure, building, addition or improvement to the land, including site
			 development.
(b) "Reconstruction"
			 means to rebuild or replace an existing structure with one of comparable
			 utility.
(c) "Major addition" means
			 an addition that:
(i) has a real market value
			 over the threshold for minor construction in any assessment year established
			 under ORS 308.149; and
(ii) adds square footage to an existing
			 structure.
(d)
			 "Remodeling" means a type of renovation that changes the basic plan, form or
			 style of the property.
(e)
			 "Renovation" means the process by which older structures or historic buildings
			 are modernized, remodeled or restored.
(f) "Rehabilitation" means to restore to a
			 former condition without changing the basic plan, form or style of the
			 structure.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0140 - Computation of Changed Property Ratio for Centrally Assessed Property

Current through Register Vol. 63, No. 7, July 1, 2024
The ratio of average maximum assessed value to average real
				market value, also known as the changed property ratio, shall be rounded to two
				decimal places for purposes of assessed value calculation. See OAR
				150-308.540.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  308.149
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0160 - Minor Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition: "Minor construction" is an improvement to real property that
			 results in an addition to real market value (RMV), but does not qualify as an
			 addition to maximum assessed value (MAV) due to a value threshold. The value
			 threshold causing an addition to MAV for an improvement or improvements is an
			 RMV increase of more than $18,200 in any one assessment year or more than
			 $45,000 for all cumulative additions made over five assessment years, as
			 adjusted upward based on any increase in the Consumer Price Index (CPI) as
			 described in section (2) of this rule.
(2) For each assessment year beginning on or
			 after January 1, 2025, the department shall adjust the threshold dollar amounts
			 in section (1) of this rule as follows:
(a)
			 Divide the average CPI for All Urban Consumers, West Region, for the prior
			 calendar year by the average CPI for All Urban Consumers, West Region, for
			 2024.
(b) Recompute the RMV
			 thresholds under section (1) of this rule by multiplying $18,200 and $45,000 by
			 any positive increase in the CPI determined under subsection (a) of this
			 section.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0170 - Establishing a Changed Property Ratio

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The assessor must establish a CPR for
			 property classes 0 through 8 each assessment year. For determining the ratio of
			 the average maximum assessed value over the average real market value, only the
			 first digit of the property class needs to be recognized. These ratios must be
			 rounded to three decimals.
(a) Property
			 classes may be combined to arrive at a ratio. The resulting ratio would become
			 the CPR for each property class used to calculate the ratio.
(b) For specially assessed properties, only
			 the non-specially assessed portion of value will be used to determine a ratio.
			 For specially assessed properties such as farm or timber, the assessor may use
			 either of the following methods to arrive at a CPR:
(A) The non-specially assessed portion of the
			 unchanged 5-x-x or 6-x-x property classes may be used to create the CPR for
			 those classes; or,
(B) The 4-x-x
			 property class values may be combined with the non-specially assessed values
			 from the 5-x-x and/or 6-x-x property classes to calculate the ratio. The
			 resulting ratio would become the CPR for each property class used to calculate
			 the ratio.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0180 - Definition of Affected

Current through Register Vol. 63, No. 7, July 1, 2024
"Affected property" means property that is subject to one or
				more of the following events: partitioned or subdivided; added to the account
				as omitted property; rezoned and used consistent with the rezoning;
				disqualified from a special assessment, exemption, or partial
				exemption.
Stat. Auth.: ORS
				  305.100
Stats. Implemented: ORS
				  308.156
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0190 - Subdivided and Partitioned Property MAV

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of calculating maximum assessed value when a
				property is subdivided or partitioned, the portion of the property that is
				"affected" includes:
(1) The entire
			 land that was subdivided or partitioned into smaller lots or parcels, if any.
(2) The improvements if one or
			 more of the following apply:
(a) The act of
			 subdividing or partitioning the land results in the apportionment of a single
			 improvement (building or structure) to more than one tax lot.
Example 1: A lot improved with a duplex is
			 partitioned such that the duplex is split into two single-family
			 residences.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0210 - Omitted Property-Allocating Maximum Assessed Value (MAV)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When omitted
			 property is added to the property tax account after January 1 preceding the
			 current assessment year and before January 1 of the current assessment year,
			 only the omitted property portion is considered affected. The existing property
			 is the unaffected portion. The intent is to correct the tax roll for current
			 and prior years as if the omitted property had been a regular part of those tax
			 rolls.
(2) To correct the first
			 year's Assessed Value (AV) when the omitted property is added to the roll :
(a) Multiply the real market value (RMV) of
			 the omitted property for the first year it should have been added to the roll
			 by that year's appropriate changed property ratio (CPR) to determine MAV for
			 the omitted property.
(b) Add the
			 RMV and MAV of the omitted portion to the existing RMV and MAV to get a
			 corrected RMV and MAV for the account.
(c) The lesser of the corrected RMV or MAV is
			 the AV that should have been on the roll had the property been discovered
			 timely.
EXAMPLE 1: Property was built in 2003
			 and should have been added to the 2004-05 tax roll. The assessor discovers the
			 property in December 2004 and adds it to the 2004-05 tax roll. [Table not
			 included. See ED. NOTE.]
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0220 - Exemption, Partial Exemption or Special Assessment Disqualification - Allocating MAV

Current through Register Vol. 63, No. 7, July 1, 2024
When an exempt, partially exempt or specially assessed property
				is disqualified after January 1 of the assessment year preceding the current
				assessment year and before January 1 of the current assessment year, a new MAV
				for the account must be calculated. The new MAV total will be the MAV of any
				unchanged portion and the new MAV of any disqualified portion. The new MAV of
				the disqualified portion is the RMV multiplied by the appropriate changed
				property ratio.
Statutory/Other Authority: ORS
				  305.100
Statutes/Other Implemented: ORS
				  308.156
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0230 - Calculation of Maximum Assessed Value (MAV) for Lot Line Adjustments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 calculating MAV when properties are subject to a lot line adjustment, the
			 portion of the property that is "affected" includes:
(a) All the land comprising the properties
			 subject to the lot line adjustment.
(b) Buildings or structures when a new lot
			 line divides the building or structure.
NOTE:
An example of how to perform the mathematics
				of this rule is incorporated throughout the rule based upon the following
				information:
The zoning for both tax lot 100 and tax lot 200 is RR-5 (Rural
				Residential 5-acre minimum) requiring a minimum of five acres before a dwelling
				may be built.
Before the lot line adjustment, tax lot 100 was a vacant 4-acre
				lot that was unbuildable due to its size. Undersized lots sell for $7,000 per
				acre, making the real market value (RMV) of this unbuildable tax lot $28,000.
				The associated MAV for this tax lot was $22,400. Tax lot 200 is a vacant 8-acre
				lot that is buildable under the current zoning. Buildable lots sell for $15,000
				per acre, making the RMV of this tax lot $120,000. The associated MAV for this
				tax lot is $96,000.
After the lot line adjustment both lots are 6 acres in size and
				are buildable under the current zoning. Because buildable lots sell for $15,000
				per acre, it makes the RMV of each tax lot $90,000.
The changed property ratio (CPR) to be used in this example is
				.800.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0240 - Real Property Valuation for Tax Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, these words
			 and phrases have the following meanings:
(a)
			 "Unit of property" means the item, structure, plant, or integrated complex as
			 it physically exists on the assessment date.
(b) "Real property" means the real estate
			 (physical land and appurtenances, including structures, and machinery and
			 equipment, that comprise an integral part of the property or manufacturing
			 operation) and all interests, benefits, and rights inherent in the ownership of
			 the physical real estate.
(c)
			 "Rural lands" means those lands with property classification 400, 401, 500,
			 501, 600, 601, 800, and 801 as defined by OAR 150-308-0310. They are
			 distinguished from platted land as acreages in varying sizes and are either
			 improved or unimproved.
(d)
			 "Utility" means the quality or property of being useful, which may either add
			 to or subtract from real market value.
(e) "Highest and best use" means the
			 reasonably probable use of vacant land or an improved property that is legally
			 permissible, physically possible, financially feasible, and maximally
			 productive, which results in the highest real market value.
(f) "Just compensation to the owner" means
			 the amount of compensation for a property that an owner would expect for the
			 taking through condemnation of their property. Just compensation is the real
			 market value of the property at its highest and best use.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0250 - Derivation of Capital Structure and Discount Rates for Valuing Industrial Properties and Department-Assessed Properties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CAPITAL STRUCTURE.
The capital structure of a company refers to the make-up of its
				financial structure, i.e., long-term debt and equity. For ad valorem appraisal
				purposes, the appropriate capital structure for a company is the typical
				capital structure for the industry group to which the property belongs based
				upon current market cost of debt and equity. If it can be shown that use of an
				industry capital structure would not reflect the market value of the property
				because of the unique nature of the property or its operation, the current
				owner's capital structure may be used. The procedures to be followed in
				determining capital structure are as follows:
(a) Select industry group, i.e., electric
			 utility, airline, railroad, lumber, food processing, etc.
(b) Determine if it is necessary to have
			 industry sub groups. Sub groups are groupings of properties within an industry
			 type that have similar characteristics and that are different from other sub
			 groups within the industry type. Sub groups have similar qualities such as bond
			 ratings, degree of risk if unrated, business activities and size.
(c) For each group or sub group, a sufficient
			 number of companies should be selected that have publicly traded securities and
			 similar debt ratings (e.g., Moody's Aa, A, Baa, etc.). The company or companies
			 whose property is subject to appraisal may be included as part of the data set.
(d) The appropriate capital
			 structures shall be determined by a correlation of the capital structures of
			 the companies in the selected group.
(e) Capital structures for companies with
			 nonrated debt must be estimated from the best data available, such as balance
			 sheets, public utility commission-approved structures, sales data, lenders'
			 opinions, industry recommendations, or patterns established by companies with
			 rated debt within the same industry.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0260 - Industrial Property Valuation for Tax Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 following words and phrases have the following meaning:
(a) A "unit of property" is the item,
			 structure, plant, or integrated complex as it physically exists on the
			 assessment date.
(b) "Real
			 property" means the real estate (physical land and appurtenances including
			 structures, and machinery and equipment erected upon the land or attached to
			 the land or structures) and all interests, benefits, and rights inherent in the
			 ownership of the physical real estate.
(c) "Highest and best use" means the
			 reasonably probable use of vacant land or an improved property that is legally
			 permissible, physically possible, financially feasible, and maximally
			 productive, which results in the highest real market value.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0270 - Valuation of Contaminated Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definations:
(a) "Contaminated site" means real property
			 that, on the assessment date:
(A) Is on the
			 National Priority List of the Environmental Protection Agency;
(B) Is included by the Department of
			 Environmental Quality in an inventory of confirmed releases pursuant to ORS
			 465.225;
(C) Is an illegal drug manufacturing site as
			 defined in ORS 453.858; or
(D) Is demonstrated as provided under Section
			 (2) of this rule to have had a release of a hazardous substance as defined in
			 ORS 465.200.
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0280 - Measuring Functional Obsolescence in Industrial Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The procedure
			 for estimating functional obsolescence for industrial property in the
			 reproduction cost approach is as follows:
(a)
			 The total functional obsolescence equals:
(A)
			 The physically depreciated reproduction cost of the property with a deficiency
			 requiring a substitution or modernization, or a superadequacy, less
(B) The physically depreciated cost of the
			 replacement property with a deficiency requiring a substitution or
			 modernization, or a superadequacy, plus
(C) The cost to cure or the value of the loss
			 (if less).
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0290 - Effective Tax Rate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions
			 for this rule:
(a) "Changed property ratio"
			 (CPR) is the ratio, not greater than 1.00, of the average maximum assessed
			 value over the average real market value for the assessment year in the same
			 area and property class.
(b)
			 "Nominal tax rate" is the tentative consolidated ad valorem property tax rate
			 by code area described in ORS
			 310.147(2).
			 When applicable, the nominal tax rate can be adjusted to reflect a reduction of
			 tax to meet the limitations identified under Section 11b, Article XI of the
			 Oregon Constitution
(c) "Effective
			 tax rate" for any given property is the nominal tax rate, as described in
			 subsection (1)(b), multiplied by the appropriate CPR, described in subsection
			 (1)(a).
Oregon Administrative Rules › Chapter 150 - DEPARTMENT OF REVENUE › Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION › Section 150-308-0300 - Valuation Review of State-appraised Industrial Property.

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 may conduct valuation reviews of state-appraised industrial properties to
			 verify the accuracy of the property's real market value and maximum assessed
			 value.
(2) Valuation reviews will
			 follow procedures adopted by the Department of Revenue.
(3) The real market value and maximum
			 assessed value of a property may change for the current year and previous years
			 following the requirements in ORS
			 311.205 and
			 311.216, as a result of the
			 valuation review.
(4) The real
			 market value and maximum assessed value of a property may change for subsequent
			 tax years if the result of the valuation review is a change in valuation
			 judgment.
(5) This rule is
			 effective January 1, 2016.
Stat. Auth.: ORS
				  305.100,
				  308.205
Stats. Implemented: ORS
				  308.205