Oregon Administrative Code

123-600-0140 Budget Limits and Payments (1) Amount of Credits Allowed for a Facility. During any calendar year, a Manufacturing BETC preliminary certificate shall not be issued for more than: (a) $40 million in maximum eligible facility costs for a renewable energy resource equip…

123-600-0150 Prioritization System for Manufacturing BETC Facilities Applications in Excess of Biennial Limits. In the event that the Department receives applications for preliminary certification with a total amount of potential tax credits in excess of the limitations in ORS 28…

123-600-0250 Research, Development, or Demonstration Facility (RDD) (1) Criteria. Eligible RDD facilities shall comply with one or more of the following criteria: (a) Research facilities that include a test bench research, prototype or pilot scale construction of a theoretically …

123-623-1000 GENERALLY FOR SIP PROJECTS — Purpose and Scope This division of administrative rules clarifies, specifies and establishes procedures, standards and criteria for operation of the Strategic Investment Program (SIP) under ORS 285C.600 to 285C.635 and 307.123. It does no…

123-623-1100 Definitions For the purposes of this division of administrative rules definitions are found in OAR 123-001 (Procedural Rules). Additionally, as used in these rules, the following terms have the meanings set forth below, unless the context demands otherwise. (1) Abate…

123-623-1115 Specially Preserved Rural Areas On and after October 5, 2015, the following remain rural areas under ORS 285C.600 pursuant to section 2, chapter 518, Oregon Laws 2015: (1) Any area inside Clackamas Rural SIZ #1, designated September 24, 2010, and sponsored by Clackam…

123-623-1250 Eligibility Criteria of the Commission Under the definition of “eligible project” as used in ORS 285C.600: (1) The Commission may establish criteria in order for property to receive Abatement either by resolution or as described in this division of administrative rul…

123-623-1300 Local Hiring For purposes of ORS 285C.603: (1) Prospective Applicants and County/local governments are encouraged to consider creative and cooperative means to promote gainful work for persons already residing in the proximate area or region of the Approved Project f…

123-623-1400 Making Application (1) An Applicant seeking the Commission’s determination of an eligible project for Abatement must submit an Application to the Department. (2) In addition to what is required by the Application or in this division of administrative rules, the Appli…

123-623-1500 Contents of Application, Generally The Application must include: (1) A copy of a First Source Hiring Agreement according to OAR 123-070 that takes effect beginning no later than when any hiring for the Approved Project commences and ending no sooner than June 30 of t…

123-623-1525 Application within a Strategic Investment Zone If the proposed investment is subject to approval based on its location inside an SIZ: (1) A complete Application must also include a locally endorsed and fully executed copy of the SIZ’s standardized agreement that unam…

123-623-1550 Application outside a Strategic Investment Zone A complete Application must also include all of the following, if the proposed investment is not using an SIZ: (1) Evidence that the County held a public hearing concerning the Applicant’s proposal, before executing the…

123-623-1600 Consideration and Approval (1)(a) The Department shall review each Application; and (b) Only after deeming that information in OAR 123-623-1500 and 123-623-1525 or 123-623-1550 is completely and accurately provided (except potentially for pending materials or informa…

123-623-1700 Establishment of Exempt Property (1) The Commission’s determination pursuant to OAR 123-623-1600 needs to define the Approved Project for purposes of the Abatement, consistent with the Application and the agreement between the Applicant and local government(s). (2) S…

123-623-1800 State Application and Approval Fees With respect to ORS 285C.612 and the fees payable to and collected by the Department: (1) The following (non-refundable) amount must accompany the Application: (a) $5,000; or (b) $10,000 for a proposed Urban Project. (2) After the …

123-623-1900 Community Service Fee (1) The local agreement included with the Application and described in OAR 123-623-1525 or 123-623-1550 shall: (a) Provide for the community service fee under ORS 285C.609(4)(b) and (c) or 285C.623(4)(b) and (c); and (b) Stipulate the means by w…

123-623-1950 Local Distribution of Community Service Fee For purposes of annual payments to be received according to OAR 123-623-1900: (1) The County shall distribute the entire annual community service fee to: (a) The County; (b) City government(s) if any part of Approved Projec…

123-623-1975 Mandatory Parties to Community Service Fee Agreement An effective agreement under ORS 285C.609(7) or 285C.623(6) for purposes of OAR 123-623-1950 must include at least: (1) The County government; (2) Any city government described OAR 123-623-1950(1)(b); (3) Any port …

123-623-2000 Confidential Records As provided under ORS 192.345, 192.355 and 285C.620: (1) The Department shall not release any information identifying or pertaining to an expected Applicant, or to discussions among it, local governments, or the Department and members of the Comm…

123-623-2500 Starting SIP Period and Taxable Bases of Assessment & Taxation (1) Under ORS 307.123(2)(c) the initial tax year for a period of Abatement occurs when: (a) The total real market value of property comprising the Approved Project, as of the tax year’s corresponding asse…

123-623-3000 LEGACY ZONES — Duration and Potentialities (1) An existing SIZ does not expire and may be neither terminated nor geographically amended. (2) In an SIZ the following occurrences do not affect any Approved Project for which the Department received the Application befor…

123-623-3400 Operational Changes to Existing Designations (1) The sponsor of an existing SIZ may revise any of its documentation, procedures or policies, including but not limited to establishing a different standardized agreement, subject to communicating or submitting revisions…

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 r…

123-623-4100 Reporting Elements Respective or in addition to items stipulated under ORS 285C.615(2), the report submitted to the Department by a benefiting business firm described in OAR 123-623-4000 must: (1) State for the applicable tax year, as may be confirmed or corrected th…

123-623-4200 Applicable Employees and Payroll For purposes of OAR 123-623-4100(4): (1) With respect to Total Jobs, the report shall include each of the following totals for the preceding calendar year: (a) Hours paid; (b) Taxable income; and (c) Compensation. (2) Relevant jobs, h…

123-630-0000 Purpose This division of administrative rules specifies procedures and criteria necessary to administer processes under the Oregon Low Income Community Jobs Initiative for the certification of a qualified equity investment in order to receive a credit allowance for t…

123-630-0010 Definitions For the purposes of this division of administrative rules, additional definitions are found in Procedural Rules, OAR chapter 123-001. As used in OAR chapter 123 division 630 the following terms have the meanings set forth below and in ORS 285C.650-285C.65…

123-630-0020 Credit Allowance (1) A person or entity that makes a qualified equity investment shall, at the time of investment, earn a vested credit against the taxes otherwise due under ORS chapter 316, 317 or 318. (2) The total amount of the tax credit available to a taxpayer u…

123-630-0030 Eligibility (1) The following conditions and/or criteria must exist for a taxpayer to be eligible for the credit: (a) A qualified community development entity that issues a debt instrument may not make cash interest payments on the debt instrument during the period c…

123-630-0040 Ineligible Activities Not all projects or businesses will qualify for the Oregon Low Income Community Jobs Initiative. Example businesses that are ineligible include but are not limited to: (1) Residential rental; (2) Owner occupied housing; (3) Farming operations; (…

123-630-0050 Application and Fees (1) An applicant seeking to have an equity investment or long-term debt security certified as a qualified equity investment and eligible for a tax credit under ORS 285C.650 and OAR 123-630-0080 must submit an application to the department on a fo…

123-630-0060 Preference The department may give preference to applications for projects in traded sectors as identified by the Commission in the Strategic Plan and that demonstrates overall community benefit and have one or more of the following characteristics: (1) Produce goods…

123-630-0070 Reporting Requirements (1) The qualified community development entity will submit a report by the first anniversary of the initial credit allowance date that provides proof that substantially all of the cash purchase price of its qualified equity investment was used …

123-630-0080 Certification (1) Within 15 days after having received a complete application, the department will grant or deny the application in full or in part and notify the applicant of the decision. (2) If the application is deemed complete, the department will certify the pr…

123-630-0090 Limitations for Certification (1) Once the department has certified a cumulative amount of qualified equity investments that can result in the utilization of $16 million of tax credits in any tax year, the department may not certify any more qualified equity investme…

123-630-0100 Recapture of Tax Credit (1) The Department of Revenue may recapture any portion of a tax credit per ORS 285C.656 and ORS 315.533. (2) The Department of Revenue may recapture any portion of a tax credit if the qualified community development entity applies for and rec…

123-630-0110 Confidential Records (1) Upon written request and within a reasonable time, the Director or his designee shall provide program records, for inspection in accordance with ORS Chapter 192. (2) The person requesting records will be charged for preparing and mailing such…

123-635-0000 Purpose and Scope This division of administrative rules: (1) Specifies procedures and criteria for certification under the Oregon Investment Advantage Act to exempt the business income of qualified facilities from State income or corporate excise taxation under ORS 3…

123-635-0100 Definitions As used in this division of administrative rules, in addition to definitions in OAR 123-001 (Procedural Rules), unless the context demands otherwise: (1) “Business firm” means a person operating or conducting one or more trades or businesses for profit, a…

123-635-0150 Qualified Locations A proposed Facility must be inside a county as determined according to section (1) of this rule, and located at a site satisfying the requirements of section (2) of this rule, at the time when the Department receives the application for preliminar…

123-635-0175 Unique Operations Under ORS 285C.503(5)(e), a business firm’s operations that comprise a Facility proposed for preliminary certification must be new business operations respective to the site of the Facility and to any other location in this state where the firm also…

123-635-0200 Preliminary Certification Application For purposes of ultimately seeking the exemption under ORS 316.778 or 317.391: (1) A business firm must complete an application for preliminary certification and send it to the Department, as follows: (a) Using the form prescribe…

123-635-0250 Determination of Preliminary Certification Pursuant to a filing of a preliminary certification application as described in OAR 123-635-0200: (1) The Department shall: (a) Review the application for completeness; and (b) Determine whether the business firm and the app…

123-635-0270 Local Objection and Relevant Requirements Respective to a proposed Facility: (1) For purposes of section (2) of this rule, a Municipal Corporation may object to preliminary certification through a formal submission to the Department, but the Department must receive t…

123-635-0300 Annual Certification For purposes of certification of a Facility pursuant to each income or corporate excise tax year of the business firm under ORS 285C.506: (1) A preliminarily certified business firm that owns or leases and operates the Facility must file the appl…

123-635-0350 Issues of Initial and Subsequent Annual Certifications For purposes of annual certification as described in OAR 123-635-0300: (1) The preliminarily certified business firm needs to have: (a) Fully acquired Facility property and completed it in terms of construction, …

123-635-0400 Application Fees, Waivers With respect to application fees as described in this division of administrative rules: (1) The Department may excuse the fee or reduce the required amount: (a) If a business firm's Facility readily qualifies for certification, but as determ…