(1) On or before April 1 following each tax year that property is exempt under ORS § 307.123, the business firm that owns or leases the exempt property shall submit a report to the Oregon Business Development Department, in addition to any other reporting or filing requirement.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) The report shall be in a form prescribed by the Oregon Business Development Department and shall include:

(a) The assessed value and location of taxable and exempt property constituting the eligible project and the corresponding payment and savings of property taxes for the tax year, as ascertained from the county assessor;

(b) The amount and disposition of fees and other amounts paid by the business firm pursuant to the agreement with the county under ORS § 285C.609 in the immediately preceding calendar year;

(c) The average number of persons hired or employed by the business firm in association with the eligible project, determined by dividing the total number of hours for which such hired or employed persons were paid during the immediate prior calendar year by 2,080;

(d) The annual amount of taxable income and total compensation paid to employees as described in paragraph (c) of this subsection;

(e) Numbers and amounts as described in paragraphs (c) and (d) of this subsection for retained jobs and newly created jobs for the eligible project; and

(f) Any other information required by the department.

(3)(a) If a business firm fails to provide a report required under this section or to verify information as requested by the Oregon Business Development Department, the Oregon Business Development Commission, upon recommendation by the department, may suspend the determination of the commission that the project receive the tax exemption provided for in ORS § 307.123.

(b) If the commission suspends the determination of eligibility under this subsection, the exemption is revoked as provided in ORS § 307.123 (7), until the department receives the report.

(c) Upon receipt of a report required under this section or the information requested by the department, the department shall notify the commission and the commission shall rescind the suspension under this subsection.

(4) Information collected under this section may be used by the Oregon Business Development Department to make aggregate figures and analyses of activity under the strategic investment program publicly available.

(5) Specific data concerning the financial performance of individual firms collected under this section is exempt from public disclosure under ORS Chapter 192.

(6) After receiving the reports required under this section, the Oregon Business Development Department shall compile and organize the reported information for purposes of ORS § 285C.635 and transmit it to the Oregon Department of Administrative Services. The Oregon Business Development Department shall transmit the information not later than April 15.

(7) The Oregon Business Development Department shall adopt rules the department considers necessary to administer ORS § 285C.600 to 285C.635. [2007 c.905 § 2; 2013 c.722 § 52; 2015 c.757 § 2; 2017 c.490 § 5]

Section 6, chapter 905, Oregon Laws 2007, provides:

(1) ORS § 285C.615 and 285C.635 apply to:

(a) Tax years beginning on or after January 1, 2009.

(b) Income taxes attributable to eligible projects that first become exempt from property taxation under ORS § 307.123 on or after January 1, 2008.

(2) Distributions under ORS § 285C.635 (3) may not be made after July 15, 2030. [2007 c.905 § 6; 2015 c.757 § 5; 2022 c.82 § 11; 2023 c.298 § 44]