Oregon Statutes 316.090 – Credit for manufactured dwelling park closure
(1) As used in this section:
Terms Used In Oregon Statutes 316.090
- Contract: A legal written agreement that becomes binding when signed.
- Individual: means a natural person, including aliens and minors. See Oregon Statutes 316.022
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Taxpayer: means any natural person, estate, trust, or beneficiary whose income is in whole or in part subject to the taxes imposed by this chapter, or any employer required by this chapter to withhold personal income taxes from the compensation of employees for remittance to the state. See Oregon Statutes 316.022
(a) ‘Household’ means the taxpayer, the spouse of the taxpayer and all other persons residing in the manufactured dwelling during any part of the calendar year for which a credit is claimed.
(b) ‘Manufactured dwelling’ has the meaning given that term in ORS § 446.003.
(c) ‘Manufactured dwelling park’ means a place within this state where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee.
(d) ‘Rental agreement’ means a contract under which an individual rents space in a manufactured dwelling park for siting a manufactured dwelling.
(2) A credit of $5,000 against the taxes otherwise due under this chapter is allowed to an individual who:
(a) Rents space in a manufactured dwelling park for a manufactured dwelling that is owned and occupied by the individual as the individual’s principal residence on the date that the landlord delivers notice that the park, or a portion of the park, is being closed and the rental agreement for the space is being terminated by the landlord or because of the exercise of eminent domain, by order of a federal, state or local agency; and
(b) Ends tenancy at the manufactured dwelling park site in response to the delivered notice described in paragraph (a) of this subsection.
(3) For purposes of subsection (2) of this section:
(a) Tenancy by the individual at the manufactured dwelling park site ends on the last day that a member of the individual’s household occupies the manufactured dwelling at the manufactured dwelling park site; and
(b) Tenancy by the individual at the manufactured dwelling park site does not end if the manufactured dwelling park is converted to a subdivision under ORS § 92.830 to 92.845 and the individual buys a space or lot in the subdivision or sells the manufactured dwelling to a person who buys a space or lot in the subdivision.
(4) Notwithstanding subsection (2) of this section, if the manufactured dwelling park, or a portion of the park, is being closed and the rental agreement of the individual is being terminated because of the exercise of eminent domain, the credit amount allowed to the individual is the amount described in subsection (2) of this section, reduced by any amount that was paid to the individual as compensation for the exercise of eminent domain.
(5) An individual may not claim more than one credit under this section for tenancies ended during the tax year.
(6) If, for the year in which the individual ends the tenancy at the manufactured dwelling park, the amount of the credit allowed by this section, when added to the sum of the amounts allowable as payment of tax under ORS § 316.187 and 316.583 plus other tax prepayment amounts and other refundable credit amounts, exceeds the taxes imposed by this chapter or ORS Chapter 314 for the tax year, reduced by any nonrefundable credits allowable for purposes of this chapter for the tax year, the amount of the excess shall be refunded to the individual as provided in ORS § 316.502.
(7) If more than one individual in a household qualifies under this section to claim the tax credit, the qualifying individuals may each claim a share of the available credit that is in proportion to their respective gross incomes for the tax year. [2007 c.906 § 17; 2015 c.348 § 17; 2019 c.579 § 25]
Section 18, chapter 906, Oregon Laws 2007, provides:
Section 17, chapter 906, Oregon Laws 2007 [316.090], applies to individuals whose household ends tenancy at a manufactured dwelling park during a tax year that begins on or after January 1, 2007, and before January 1, 2026. [2007 c.906 § 18; 2009 c.913 § 33; 2013 c.750 § 33; 2019 c.579 § 23]
[1977 c.852 § 3; 1979 c.622 § 3; 1985 c.630 § 1; repealed by 1993 c.730 § 17 (315.156 enacted in lieu of 316.091, 317.148 and 318.104)]
[1969 c.493 § 19; repealed by 1973 c.402 § 30]
[1977 c.839 § 8; 1979 c.412 § 5a; repealed by 1987 c.769 § 20]
[1979 c.578 § 7; 1985 c.749 § 1; 1987 c.605 § 1; 1989 c.887 § 1; 1991 c.714 § 6; 1991 c.877 § 2; repealed by 1993 c.730 § 7 (315.104 enacted in lieu of 316.094, 317.102 and 318.110)]
[1987 c.890 2,3; 1989 c.953 § 1; 1991 c.781 § 1; 1995 c.54 § 8; 2003 c.46 § 38; repealed by 2011 c.83 § 15]
[1987 c.591 § 13; 1989 c.381 8,11,14; 1991 c.877 3,4,5; 1991 c.916 14,16,17; 1993 c.18 77,78,79; repealed by 1997 c.170 § 33]
[See 316.480; 1973 c.831 § 8; 1977 c.795 § 11; 1977 c.866 § 10; 1979 c.691 § 6; 1981 c.408 § 1; 1983 c.637 § 6; 1987 c.596 § 2; 1989 c.802 § 2; 1991 c.877 § 6; repealed by 1993 c.730 § 29 (315.304 enacted in lieu of 316.097 and 317.116)]
[1985 c.438 § 2; 1991 c.877 § 9; repealed by 1993 c.730 § 13 (315.148 enacted in lieu of 316.098, 317.150 and 318.102)]