OAR 150-307-0060: Property Held Under Lease

(1) A new claim must be filed with the county assessor, as required under ORS 307.112(4), when a new lease, new lease-purchase agreement, extension of current lease, extension of current lease-purchase agreement or any modification to the existing lease or lease-purchase agreement is made. (2) The new claim must meet all the requirements of ORS 307.112. (3) Late filing as provided in ORS 307.162(2) is permitted. (4) The State of Oregon and the United States government are not permitted to file a claim for exemption under ORS 307.112. (5) When used in reference to real property or tangible personal property, a lease is a contract of at least one year by which the owner of a property grants the rights of possession, use, and enjoyment of the property to another for a specified period of time in exchange for payment. (6) Month-to-month tenancy or a general rental agreement is not considered the same as a lease for purposes of an exemption under this statute and will not qualify in an exemption claim. (7) The assessor must be satisfied that the tax savings resulting from the exemption will inure solely to the benefit of the lessee. (8) Sufficient documentary proof must be submitted at the time of application. Documentary proof to show the property tax savings is passed on to the lessee includes: (a) A form prescribed by the department stating that the lessee and lessor agree that the tax savings resulting from the exemption will inure solely to the benefit of the lessee; (A) The form must be signed by the lessor and lessee; and (B) The form must specify how the tax savings inures to the lessee. (b) Other documentation the county assessor deems necessary to prove that the lessee is receiving the full benefit of the tax savings; or (c) An agreement under the terms of the lease that any tax savings resulting from the exemption will inure solely to the benefit of the lessee. (9) Insufficient proof or failure to show the tax savings inures to the lessee as described above is grounds for denial of the exemption.