OAR 123-674-3700: Renewal of Active Status and Inactive Authorization

Under ORS 285C.165 an eligible business firm’s authorization in an enterprise zone becomes ‘inactive’ after more than two years, such that: (1) The authorization remains active over: (a) The remainder of the year after approval of the Application; (b) The two-year period immediately following; and (c) Each two-year period directly thereafter, subject to a statement of renewal as described in subsection (2)(b) of this rule. (2) Authorization is still active if immediately after any period described in section (1) of this rule, the firm: (a) Files successfully under ORS 285C.220 and 285C.225 to initially claim exemption on qualified property placed in service during such a period, at which point this rule is no longer operative; or (b) Submits a written statement between January 1 and April 1 (as presently received by both the local zone manager and the county assessor’s office) that: (A) Comes from the firm consistent with authority required for making Application; (B) Informs or indicates that the firm still intends to complete its proposed investment in qualified property inside the zone and to claim the exemption; and (C) Revises or amends any relevant information in the Application. (3) With respect to a statement in subsection (2)(b) of this rule: (a) Whether acknowledged by the firm or not, the Established County Wage applicable to any compensation standard is reset to the Current County Wage at the time of the statement’s submission. (b) Neither filing for any construction-in-process exemption nor filing a claim under ORS 285C.220 for an exemption that is denied substitutes for the requisite statement. (4) An inactively authorized business firm retains its right to claim the exemption after the periods described in section (1) of this rule, but letting active status lapse has the following consequences: (a) With the initial exemption claim in an existing enterprise zone: (A) Filing fee under ORS 285C.165(3) is charged; and (B) Established County Wage with any compensation standard is reset to the Current County Wage at the time of filing the claim; (b) Prior to that claim, even if the zone is currently still designated, the firm may not receive exemption under ORS 285C.170 while qualified property is in the process of construction, modification or installation, but it may still seek exemption under applicably comparable provisions of ORS 307.330 and 307.340; and (c) The firm is not effectively authorized under ORS 285C.245(5) for purposes of OAR 123-650-9500 or 123-650-9600 at the time of the zone’s termination.