285C.160
Agreement between firm and sponsor for additional period of exemption;
requirements. (1)
An eligible business firm seeking authorization under ORS 285C.140 and the
sponsor of the enterprise zone in which the firm intends to invest may enter
into a written agreement to extend the period during which the qualified
property is exempt from taxation under ORS 285C.175 if the firm complies with
the terms of the agreement.
(2) The period
for which the qualified property is to continue to be exempt must be set forth
in the agreement and may not exceed two additional tax years for which a school
support fee must be paid in accordance with ORS 285C.162.
(3) In order for
an agreement under this section to extend the period of exemption, the
agreement must be executed on or before the date on which the firm is
authorized, and:
(a) If the
enterprise zone is a rural enterprise zone or an urban enterprise zone located
inside a metropolitan statistical area of fewer than 400,000 residents, the
agreement must require that the firm:
(A)(i) Annually
compensate all new employees hired by the firm at an average rate of at least
150 percent of the county average annual wage for each assessment year during
the tax exemption period, as determined at the time of authorization; or
(ii) If the
enterprise zone is located in a qualified rural county, annually compensate all
new employees hired by the firm at an average rate of at least 130 percent of
the county average annual wage for each assessment year during the tax
exemption period, as determined at the time of authorization; and
(B) Meet any
additional requirement that the sponsor may reasonably request.
(b)
Notwithstanding paragraph (a)(A) of this subsection, the average wage received
by the newly hired employees must equal or exceed 100 percent of the average
wage in the county.
(c) If the
enterprise zone is an urban enterprise zone located inside a metropolitan
statistical area of 400,000 residents or more, the agreement must require that
the firm meet any additional requirement the sponsor may reasonably require.
(4) If a firm
enters into an agreement under this section that includes a compensation
requirement under subsection (3)(a)(A) of this section and the firm
subsequently submits one or more statements of continued intent under ORS
285C.165, notwithstanding the terms of the agreement made under this section,
for each statement of continued intent submitted, the county average annual
wage under subsection (3)(a)(A) of this section shall be adjusted to a level
that is current with the statement. [2003 c.662 §34; 2005 c.94 §9; 2017 c.610 §23;
2023 c.298 §46]
Notes of Decisions
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
· cites it 5× “Consistent with ORS 285C.160(1)(a), how- ever, the court reads the term to refer to the parties’ authority to lengthen the duration of the exemption period beyond the default period of three years.”
Hynix Semiconductor v. Lane Cnty. Assessor, No. TC-MD 091320B (Or. T.C. May 12, 2011).
· cites it 3× “205 or any term of an agreement entered into with the sponsor under ORS 285C.160 with which the firm had agreed to comply; "(e) The qualified business firm uses the property to conduct activities in the enterprise zone that are not eligible activities; or "(f) Property of the…”
Hynix Semicond. Mfg. v. Lane Cnty. Assr., No. TC-MD 091320B (Or. T.C. May 5, 2011).
· cites it 3× “205 or any term of an agreement entered into with the sponsor under ORS 285C.160 with which the firm had agreed to comply; "(e) The qualified business firm uses the property to conduct activities in the enterprise zone that are not eligible activities; or "(f) Property of the…”
United Streetcar, LLC v. Clackamas Cnty. Assessor, No. TC-MD 160326N (Or. T.C. Nov. 27, 2017).
“]” (d) “the qualified business firm fails to meet * * * any term of an agreement entered into with the sponsor under ORS 285C.160 with which the firm had agreed to comply[.”
Or. Rev. Stat. § 285C.160(1)(a): 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“Consistent with ORS 285C.160(1)(a), how- ever, the court reads the term to refer to the parties’ authority to lengthen the duration of the exemption period beyond the default period of three years.”
Or. Rev. Stat. § 285C.160(2): 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“Consistent with ORS 285C.160(1)(a), how- ever, the court reads the term to refer to the parties’ authority to lengthen the duration of the exemption period beyond the default period of three years.”
Or. Rev. Stat. § 285C.160(3): 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“Consistent with ORS 285C.160(1)(a), how- ever, the court reads the term to refer to the parties’ authority to lengthen the duration of the exemption period beyond the default period of three years.”
Or. Rev. Stat. § 285C.160(3)(a)(B): 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“Consistent with ORS 285C.160(1)(a), how- ever, the court reads the term to refer to the parties’ authority to lengthen the duration of the exemption period beyond the default period of three years.”
Or. Rev. Stat. § 285C.160(3)(b): 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“Consistent with ORS 285C.160(1)(a), how- ever, the court reads the term to refer to the parties’ authority to lengthen the duration of the exemption period beyond the default period of three years.”
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