285C.175
Enterprise zone exemption; requirements; duration. (1) Property of an authorized
business firm is exempt from ad valorem property taxation if:
(a) The property
is qualified property under ORS 285C.180;
(b) The firm
meets the qualifications under ORS 285C.200; and
(c) The firm has
entered into a first-source hiring agreement under ORS 285C.215.
(2)(a) Except as
otherwise provided in ORS 285C.203:
(A) The exemption
allowed under this section applies to the first tax year for which, as of
January 1 preceding the tax year, the qualified property is in service. The
exemption shall continue for the next two succeeding tax years if the property
continues to be owned or leased by the business firm and located in the
enterprise zone.
(B) The property
may be exempt from property taxation under this section for up to two
additional tax years consecutively following the tax years described in
subparagraph (A) of this paragraph, if authorized by the written agreement
entered into by the firm and the sponsor under ORS 285C.160.
(b) If qualified
property of a qualified business firm is sold or leased to an eligible business
firm in the enterprise zone during the period the property is exempt under this
section, the purchasing or leasing firm is eligible to continue the exemption
of the selling or leasing firm for the balance of the exemption period, but
only if any effects on employment within the zone that result from the sale or
lease do not constitute substantial curtailment under ORS 285C.210.
(3)(a) The
exemption allowed under this section shall be 100 percent of the assessed value
of the qualified property in each of the tax years for which the exemption is
available.
(b)
Notwithstanding paragraph (a) of this subsection:
(A) If the
qualified property is an addition to or modification of an existing building or
structure, the exemption shall be measured by the increase in value, if any,
attributable to the addition or modification.
(B) If the
qualified property is an item of reconditioned, refurbished, retrofitted or
upgraded real property machinery or equipment, the exemption shall be measured
by the increase in the value of the item that is attributable to the
reconditioning, refurbishment, retrofitting or upgrade.
(4)(a) An
exemption may not be granted under this section for qualified property assessed
for property tax purposes in the county in which the property is located on or
before the date on which:
(A) Designation
of the zone takes effect under ORS 285C.074; or
(B) A boundary
change for the zone takes effect under ORS 285C.117 if the property is located
in an area added to the zone.
(b) An exemption
may not be granted for qualified property constructed, added, modified or
installed in the zone or in the process of construction, addition, modification
or installation in the zone on or before the date on which:
(A) Designation
of the zone takes effect under ORS 285C.074; or
(B) A boundary
change for the zone takes effect under ORS 285C.117 if the property is located
in an area added to the zone.
(c) An exemption
may not be granted for any qualified property that was in service within the
zone for more than 12 months by January 1 of the first assessment year for
which an exemption claim is made, or 24 months, in the case of a late claim
under ORS 285C.220 (9).
(d) An exemption
may not be granted for any qualified property unless the property is actually
in use or occupancy before July 1 of the year immediately following the year
during which the property was first placed in service.
(e) Except as
provided in ORS 285C.245, an exemption may not be granted for qualified
property constructed, added, modified or installed after termination of an
enterprise zone.
(5) Property is
not required to have been exempt under ORS 285C.170 in order to be exempt under
this section.
(6) The county
assessor shall notify the business firm in writing whenever property is denied
an exemption under this section. The denial of exemption may be appealed to the
Oregon Tax Court under ORS 305.404 to 305.560.
(7) For each tax
year that the property is exempt from taxation, the assessor shall:
(a) Enter on the
assessment roll, as a notation, the assessed value of the property as if it
were not exempt under this section.
(b) Enter on the
assessment roll, as a notation, the amount of additional taxes that would be
due if the property were not exempt.
(c) Indicate on
the assessment roll that the property is exempt and is subject to potential
additional taxes as provided in ORS 285C.240, by adding the notation “enterprise
zone exemption (potential additional tax).” [Formerly 285B.698; 2015 c.648 §21;
2017 c.83 §3]
(Qualified Property)
Notes of Decisions
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
· cites it 13× “For example, ORS 285C.175 pro- vides that, when the assessor approves a claim, the enter- prise zone exemption period begins with the first tax year after the assessment year in which the qualified property is in service6 and continues for the prescribed number of 4 “Assessment…”
Seneca Sustainable Energy, LLC v. Dep't of Revenue, 429 P.3d 360 (Or. 2018).
· cites it 6× “ORS 285C.175(2). The fact that Seneca's property tax bill was reduced temporarily by operation of the enterprise zone exemption does not alter the conclusion that Seneca was a taxpayer for purposes of the tax laws of this state.”
Seneca Sustainable Energy v. Lane Cnty. Assessor, 21 Or. Tax 366 (Or. T.C. 2014).
· cites it 3× “Lane County Assessor taxes calculated under ORS 285C.175 shall be assessed against the property for each year for which the prop- erty had been granted exemption under ORS 285C.”
Seneca Sustainable Energy, LLC II v. Dept. of Rev., 22 Or. Tax 263 (Or. T.C. 2016).
“The property at issue was noted on the assessment roll for the 2012-13 tax year as required under ORS 285C.175(7)(a).1 That notation requires a determina- tion, in accordance with Article XI, section 11, of the Oregon Constitution (Measure 50), of the assessed value (AV) of the…”
Fidler v. Deschutes Cnty. Assessor (Or. T.C. 2025).
· cites it 6× “” The enterprise zone exemption is authorized by ORS 285C.175 for qualified properties of qualifying business firms.”
Hynix Semiconductor v. Lane Cnty. Assessor, Tc-Md 091320b (or.tax 5-12-2011) (Or. T.C. 2011).
· cites it 10× “one exemption, stating in part: "(1) The county assessor of any county in which an enterprise zone is situated or the sponsor shall be notified in writing by the qualified business firm * * * not later than July 1 following the assessment year for which the exemption is claimed…”
Hynix Semicond. Mfg. v. Lane Cnty. Assr., Tc-Md 091320b (or.tax 5-5-2011) (Or. T.C. 2011).
· cites it 10× “one exemption, stating in part: "(1) The county assessor of any county in which an enterprise zone is situated or the sponsor shall be notified in writing by the qualified business firm * * * not later than July 1 following the assessment year for which the exemption is claimed…”
Murray v. Wasco Cnty. Assessor (Or. T.C. 2018).
· cites it 4× “If the property is disqualified, the assessor must assess “100 percent of the additional taxes calculated under ORS 285C.175 against the property for each year for which the property had been granted exemption under ORS 285C.”
— Or. Rev. Stat. § 285C.175(1) — 2 cases
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“For example, ORS 285C.175 pro- vides that, when the assessor approves a claim, the enter- prise zone exemption period begins with the first tax year after the assessment year in which the qualified property is in service6 and continues for the prescribed number of 4 “Assessment…”
— Or. Rev. Stat. § 285C.175(1)(a) — 1 case
— Or. Rev. Stat. § 285C.175(2) — 1 case
Seneca Sustainable Energy, LLC v. Dep't of Revenue, 429 P.3d 360 (Or. 2018).
“ORS 285C.175(2). The fact that Seneca's property tax bill was reduced temporarily by operation of the enterprise zone exemption does not alter the conclusion that Seneca was a taxpayer for purposes of the tax laws of this state.”
— Or. Rev. Stat. § 285C.175(2)(a) — 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“For example, ORS 285C.175 pro- vides that, when the assessor approves a claim, the enter- prise zone exemption period begins with the first tax year after the assessment year in which the qualified property is in service6 and continues for the prescribed number of 4 “Assessment…”
— Or. Rev. Stat. § 285C.175(3) — 1 case
— Or. Rev. Stat. § 285C.175(3)(a) — 2 cases
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“For example, ORS 285C.175 pro- vides that, when the assessor approves a claim, the enter- prise zone exemption period begins with the first tax year after the assessment year in which the qualified property is in service6 and continues for the prescribed number of 4 “Assessment…”
Murray v. Wasco Cnty. Assessor (Or. T.C. 2018).
“If the property is disqualified, the assessor must assess “100 percent of the additional taxes calculated under ORS 285C.175 against the property for each year for which the property had been granted exemption under ORS 285C.”
— Or. Rev. Stat. § 285C.175(4)(d) — 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“For example, ORS 285C.175 pro- vides that, when the assessor approves a claim, the enter- prise zone exemption period begins with the first tax year after the assessment year in which the qualified property is in service6 and continues for the prescribed number of 4 “Assessment…”
— Or. Rev. Stat. § 285C.175(5) — 1 case
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“For example, ORS 285C.175 pro- vides that, when the assessor approves a claim, the enter- prise zone exemption period begins with the first tax year after the assessment year in which the qualified property is in service6 and continues for the prescribed number of 4 “Assessment…”
— Or. Rev. Stat. § 285C.175(6) — 4 cases
Fidler v. Deschutes Cnty. Assessor (Or. T.C. 2025).
“” The enterprise zone exemption is authorized by ORS 285C.175 for qualified properties of qualifying business firms.”
— Or. Rev. Stat. § 285C.175(7) — 5 cases
Seneca Sustainable Energy, LLC v. Dep't of Revenue, 429 P.3d 360 (Or. 2018).
“ORS 285C.175(2). The fact that Seneca's property tax bill was reduced temporarily by operation of the enterprise zone exemption does not alter the conclusion that Seneca was a taxpayer for purposes of the tax laws of this state.”
United Streetcar, LLC v. Dept. of Rev., 23 Or. Tax 418 (Or. T.C. 2019).
“For example, ORS 285C.175 pro- vides that, when the assessor approves a claim, the enter- prise zone exemption period begins with the first tax year after the assessment year in which the qualified property is in service6 and continues for the prescribed number of 4 “Assessment…”
Seneca Sustainable Energy v. Lane Cnty. Assessor, 21 Or. Tax 366 (Or. T.C. 2014).
“Lane County Assessor taxes calculated under ORS 285C.175 shall be assessed against the property for each year for which the prop- erty had been granted exemption under ORS 285C.”
Murray v. Wasco Cnty. Assessor (Or. T.C. 2018).
“If the property is disqualified, the assessor must assess “100 percent of the additional taxes calculated under ORS 285C.175 against the property for each year for which the property had been granted exemption under ORS 285C.”
— Or. Rev. Stat. § 285C.175(7)(a) — 3 cases
Seneca Sustainable Energy, LLC v. Dep't of Revenue, 429 P.3d 360 (Or. 2018).
“ORS 285C.175(2). The fact that Seneca's property tax bill was reduced temporarily by operation of the enterprise zone exemption does not alter the conclusion that Seneca was a taxpayer for purposes of the tax laws of this state.”
Seneca Sustainable Energy, LLC II v. Dept. of Rev., 22 Or. Tax 263 (Or. T.C. 2016).
“The property at issue was noted on the assessment roll for the 2012-13 tax year as required under ORS 285C.175(7)(a).1 That notation requires a determina- tion, in accordance with Article XI, section 11, of the Oregon Constitution (Measure 50), of the assessed value (AV) of the…”
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