Or. Admin. Code § 123-674-4100

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

Section 123-674-4100 - Employment Requirement to Qualify Initially

To receive and begin an enterprise zone exemption under ORS 285C.175, an authorized business firm must qualify by filing under ORS 285C.220 and 285C.225 as described in OAR 123-674-6100:

(1) The first Claim Employment must equal or exceed the greater of one plus or 1.1 times the Existing Employment:

(a) If at the time of filing, however, the actual Claim Employment is insufficient, the requirement under ORS 285C.200(1)(c) and this section is nevertheless satisfied, provided that employment was high enough at some time prior to April 1 but after making Application as documented with the claim form.

(b) For a subsequent exemption on additional qualified property pursuant to the same Application, as described in OAR 123-674-3100(4), the requirement of this section has effectively already been satisfied.

(2) If section (1) of this rule is not satisfied, then the county assessor shall deny the exemption claim and not grant any exemption under ORS 285C.175 on qualified property, except with a waiver by the zone sponsor and qualification as described in OAR 123-674-4300. Such denial does not directly affect the firm's authorization status and its ability to qualify other (later) property under ORS 285C.170 or 285C.175.

(3) Under ORS 285C.200(6), any transfer of eligible employees, jobs or positions into the zone from a site within 30 miles outside the zone boundary, occurring between the time of the Application's approval (authorization) and the end of the initial year of exemption, triggers an additional requirement in terms of section (1) of this rule, in that the definitions of Claim Employment and Existing Employment expand to also include the number of employees located at any such site, as w ell as those inside the zone.

Or. Admin. Code § 123-674-4100

OBDD 27-2010, f. & cert. ef. 6-14-10; OBDD 15-2012, f. & cert. ef. 8-15-12; OBDD 14-2016, f. & cert. ef. 9/16/2016

Stat. Auth.: ORS 285A.075 & 285C.060(1)

Stats. Implemented: ORS 285C.050, 285C.175, 285C.200, 285C.220 & 285C.225