Or. Admin. Code § 123-623-4000

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

Section 123-623-4000 - ANNUAL PROJECT REPORTING - Submission to Department

For purposes of ORS 285C.615(1) to (3) & (6) and the report submitted by a business firm subject to Abatement in the property tax year concluding as of the prior June 30:

(1) The firm shall complete the prescribed report form available from and furnish it to: Incentives, Business Oregon, State Lands Building Suite 310, 775 Summer Street NE, Salem OR 97301, see www.oregon.gov/biz.

(2) The firm may send the report form on or after January 1 next following the tax year, but the Department must receive it no later than the immediately subsequent April-1 date or the preceding Friday when April 1 is a Saturday or Sunday.

(3) This reporting requirement applies to any Approved Project beginning with the tax year described in OAR 123-623-2500(1).

(4)

(a) This rule applies regardless of any distribution under ORS 285C.635(3), or that the most recently concluded tax year is 2029-2030 or later, in that reports will still be required in and after 2031.

(b) Until such time, the Department will use reports to assist the Department of Administrative Services (DAS) in determining distribution amounts under ORS 285C.635, as addressed in OAR 125-180, insofar as distributions are applicable under section 6(2), chapter 905, Oregon Laws 2007.

(5) If the benefiting business firm has two or more Approved Projects receiving Abatements in a given tax year at more or less the same location(s), for which Total Jobs are the same or overlapping:

(a) The firm shall submit report forms for each project, including but not limited to the respective data for Retained Jobs as applicable according to OAR 123-623-4200(3) to (6).

(b) In transmitting data to DAS for purposes of subsection (4)(b) of this rule, the Department shall adjust the job numbers assigned among the projects to prevent double counting, which may depend on further information from the firm.

(c) Generally, assuming employment increases with successive projects, these adjustments will:

(A) For a less recent project assign to it the Retained Jobs reported for it;

(B) For any less recent project, assign the Retained Jobs reported for the next more recent project to be its total jobs, unless it is the least recent of three or more projects, in which case the number of total jobs is zero; and

(C) For the more recent project (if only two) or most recent project (if three or more), assign as its total jobs the reported Total Jobs (which would be the same for all projects) minus reported Retained Jobs, assigning zero as its number of retained jobs.

(6) The Department shall recommend to the Commission that it suspend its determination for the Approved Project, and any associated project for purposes of subsection (5) of this rule-effectively revoking any such Abatement for and after the tax year beginning with the very next July 1, until the suspension is ever rescinded under ORS 285C.615(3)(c)-if the benefiting firm has failed to:

(a) Provide information called for by the report form or in OAR 123-623-4100 or 123-623-4200; or

(b) Promptly satisfy a necessary or appropriate request by the Department to further clarify or verify such information. (Therefore, in light of the Department's limited turnaround time to transmit data to DAS, firms are encouraged to submit as early as possible to improve the likelihood that such a request can be timely resolved)

(7) "Tax year" has the same meaning as under ORS 308.007.

Or. Admin. Code § 123-623-4000

EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08; Renumbered from 123-023-4000 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10; OBDD 2-2016, f. & cert. ef. 1/29/2016; OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 17-2023, amend filed 07/05/2023, effective 7/5/2023; OBDD 19-2023, minor correction filed 08/24/2023, effective 8/24/2023; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024; OBDD 25-2024, minor correction filed 10/17/2024, effective 10/17/2024

Statutory/Other Authority: ORS 285A.075 & 285C.615(7)

Statutes/Other Implemented: ORS 285C.615, 285C.635 & OrLaws 2007 ch. 905 §6