Oregon Revised Statutes

Or. Rev. Stat. § 469B.148 (2026)

Transferability of facility tax credit; effect on taxes reported by public utility; rules

✓ current as of May 2026
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      469B.148 Transferability of facility tax credit; effect on taxes reported by public utility; rules. (1) The owner of a facility may transfer a tax credit for the facility in exchange for a cash payment equal to the present value of the potential tax credit, as determined at the time of the application for preliminary certification.

      (2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transferred under this section. In establishing the formula the department shall incorporate inflation projections and market real rate of return.

      (3) The department shall recalculate credit transfer prices quarterly, employing the formula established under subsection (2) of this section.

      (4) Notwithstanding any other provision of law, a tax credit transferred pursuant to this section does not decrease the amount of taxes required to be reported by a public utility. [Formerly 469.206; 2012 c.45 §23a]

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Sedgewick v. Dept. of Rev. (Or. T.C. 2018).
Sedgewick v. Dept. of Rev. (Or. T.C. 2018). · cites it 2× “FINAL DECISION TC-MD 170205G 1 Transfer of a BETC is authorized by ORS 469B.148(1), which states: “The owner of a facility may transfer a tax credit for the facility in exchange for a cash payment equal to the present value of the tax credit.”
— Or. Rev. Stat. § 469B.148(1) — 1 case
Sedgewick v. Dept. of Rev. (Or. T.C. 2018). “FINAL DECISION TC-MD 170205G 1 Transfer of a BETC is authorized by ORS 469B.148(1), which states: “The owner of a facility may transfer a tax credit for the facility in exchange for a cash payment equal to the present value of the tax credit.”
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