Oregon Statutes 317.147 – Agriculture workforce housing loans; credit transfers; rules
(1) As used in this section:
Terms Used In Oregon Statutes 317.147
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Revenue. See Oregon Statutes 317.010
- Financial institution: has the meaning given that term in ORS § 314. See Oregon Statutes 317.010
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Agriculture workforce housing’ has the meaning given that term in ORS § 315.163.
(b) ‘Lending institution’ means a bank, mortgage banking company, trust company, savings bank, credit union, national banking association, federal savings and loan association, federal credit union maintaining an office in this state, nonprofit community development financial institution or nonprofit public benefit corporation operating as a lending institution.
(2)(a) A lending institution shall be allowed a credit against the taxes otherwise due under this chapter for the tax year equal to 50 percent of the interest income earned during the tax year on loans to finance only costs directly associated with construction or rehabilitation of agriculture workforce housing if, at the time the loan is made, the borrower certifies, to the satisfaction of the lender, that upon completion of the construction or rehabilitation and first occupation by agricultural workers, the housing will comply with all occupational safety or health laws, rules, regulations and standards applicable for agriculture workforce housing and that the housing will be occupied only by agricultural workers and their immediate families.
(b) A copy of the certification described under paragraph (a) of this subsection shall be submitted to the Department of Revenue at the time that a credit under this section is first claimed.
(3) The credit allowed under this section applies only to loans to construct or rehabilitate agriculture workforce housing located within this state.
(4) This credit applies only to loans made on or after January 1, 1990.
(5) The credit allowed in any one year may not exceed the tax liability of the taxpayer.
(6) If the loan has a term of longer than 10 years, then the credit shall be allowed only for the tax year of the taxpayer during which the loan is made and the nine tax years immediately following.
(7) The credit allowed under this section does not apply to loans in which the interest rate charged exceeds 13-1/2 percent per annum.
(8) The credit allowed under this section applies only to interest income from the loan and does not apply to any other loan fees or other charges collected by the lending institution with respect to the loan.
(9) The credit allowed under this section applies only to interest income actually collected by the lending institution during the tax year.
(10)(a) Except as provided in paragraph (b) of this subsection, if the lending institution sells the loan to another lending institution, then the credit shall pass to the assignee or transferee of the loan, subject to the same conditions and limitations as set forth in this section.
(b) A lending institution may assign, sell or otherwise transfer the loan to another person and retain the right to claim the credit granted under this section if the lending institution also retains responsibility for servicing the loan.
(c)(A) A lending institution that is not subject to taxation under this chapter may sell or otherwise transfer the credit allowed to the lending institution under this section to a taxpayer that is subject to taxation under this chapter.
(B) A transferee of a credit under this section shall be allowed the credit for the tax years that would have been allowable to the transferor had the transfer not occurred.
(C) The Department of Revenue shall by rule establish procedures for transferring a credit under this section. [1989 c.963 § 5; 1991 c.766 § 1; 1995 c.746 § 54; 2001 c.613 § 15; 2001 c.868 § 6; 2003 c.46 § 44; 2003 c.588 § 16; 2009 c.541 § 19; 2013 c.750 § 24]
Section 29, chapter 913, Oregon Laws 2009, provides:
A credit may not be claimed under ORS § 317.147 for tax years beginning on or after January 1, 2014. [2009 c.913 § 29]
[1985 c.521 § 2; 1991 c.877 § 30; repealed by 1993 c.730 § 17 (315.156 enacted in lieu of 316.091, 317.148 and 318.104)]
[1991 c.652 § 10; repealed by 1993 c.730 § 39 (315.604 enacted in lieu of 316.155 and 317.149)]
[1985 c.438 § 4; 1991 c.877 § 23; repealed by 1993 c.730 § 13 (315.148 enacted in lieu of 316.098, 317.150 and 318.102)]
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