308.555 Unit
valuation of property.
The Department of Revenue, for the purpose of arriving at the assessed value of
the property assessable by it, may value the entire property, both within and
without the State of Oregon, as a unit. If it values the entire property as a
unit, either within or without the State of Oregon, or both, the department
shall make deductions of the property of the company situated outside the
state, and not connected directly with the business thereof, as may be just, to
the end that the fair proportion of the property of the company in this state
may be ascertained. If the department values the entire property within the
State of Oregon as a unit, it shall make deductions of the property of the
company situated in Oregon, and assessed by the county assessors, to an amount
that shall be just. For that purpose the county assessors shall, if the
department so requests, certify to the department the assessed value of the
property of the companies assessable by them, but such certification of
assessed value is intended to be advisory only and is not conclusive upon the
department. [Amended by 1981 c.804 §64; 1991 c.459 §148; 1997 c.541 §208]
Notes of Decisions
Level 3 Communications LLC III v. Dept. of Rev. (2019)
ortc · cites it 7×
“There, the Supreme Court stated that unit valuation as permitted by ORS 308.555 “actually values the company as a going con- cern: It considers a company’s market value as a whole and does not, either in practice or in theory, purport to assess the various component parts that…”
SOUTHERN PAC. TRANS. v. Dept. of Rev. (1983)
or · cites it 9×
“ORS 308.555 permits unit valuation of property, whereby the Department "may value the entire property, both within and without the State of Oregon, as a unit.”
T-Mobile USA, Inc. v. Dept. of Rev. (2020)
ortc · cites it 16×
“Third and finally, if the property at issue is in fact centrally assessable and [the defendant] determines that unit valuation is appropriate, it must then be determined whether property located outside the State must be excluded from the unit ‘to the end that the fair…”
Level 3 Communications, LLC v. Dept. of Rev. (2021)
or · cites it 5×
“The term “property” for purposes of central assessment means “all property of any kind, whether real, personal, tangible or intangible,” that is used or held for the performance or maintenance of the centrally assessed business, except for claims on other property and shares of…”
Delta Air Lines, Inc. v. Department of Revenue (1999)
or · cites it 3×
“2 The department assessed Delta’s taxable property using the unit method allowed under ORS 308.555 (1993), 3 by valuing the property owned and leased by Delta system-wide and then determining the proportion of that value of taxable property attributable to Oregon.”
Tesoro Logistics Northwest Pipeline LLC I v. Dept. of Rev. (2021)
ortc · cites it 9×
“The court explained that ORS 308.555 allows the department to value as a unit the entire property, within and without Oregon—including not only real property and tan- gible personal property, but also intangible property—that a company uses in performing a listed business.”
Bnsf Ry. Co. v. Oregon Dept. Of Revenue (2018)
ord · cites it 2×
“" Or. Rev. Stat. § 308.555 . After Oregon has determined the entire value of the business's property, it multiplies the value of that property by a percentage, known as the allocation factor, to determine the portion of that property subject to tax in Oregon.”
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