OAR 123-097-3000: Tax Reimbursement Arrangements

For purposes of a tax reimbursement agreement under ORS 285B.627(5)(a): (1) After a request from a qualified Sponsor, the Department may establish a tax reimbursement agreement to reimburse the Sponsor’s eligible RSIS preparation costs. The tax reimbursement agreement will remain in effect until the Sponsor’s total eligible costs covered by the agreement have been reimbursed, or otherwise terminated according to the terms of the agreement. (2) In its request for the tax reimbursement agreement the Sponsor must specify its planned site preparation costs, all sources of funds for those costs, and a schedule for expenditures. The agreement will specify the types and amounts of costs authorized, which may not be exceeded except by amendment to the agreement. (3) Reimbursements to the Sponsor in any tax year are subject to: (a) The reasonable judgment of the Department that it has sufficient moneys in the Oregon Industrial Site Readiness Program Fund and has sufficient appropriations, limitations, allotments and other expenditure authority to make the disbursement. (b) The limitation in ORS 285B.627(8) whereby the Department may not exceed $10 million in reimbursements to all Sponsors in one year. Any amounts otherwise due but for this limitation will be deferred and remain eligible in future years. If the limitation becomes applicable, the Department will provide a proportionate share to each sponsor based on the estimated incremental income tax revenues for each RSIS for that year. (4) The tax reimbursement agreement will contain provisions the Department determines necessary or appropriate.