ORS 308.805: Mutual and cooperative electric distribution systems subject to tax on gross earnings.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Every association of persons, wholly mutual or cooperative in character, whether incorporated or unincorporated, the principal business of which is the construction, maintenance and operation of an electric transmission and distribution system for the benefit of the members of such association without intent to produce profit in money and which has no other principal business or purpose shall, in lieu of all other taxes on the transmission and distribution lines, pay a tax on all gross revenue derived from the use or operation of transmission and distribution lines (exclusive of revenues from the leasing of lines to governmental agencies) at the rates prescribed by ORS 308.807. The tax shall not apply to or be in lieu of ad valorem taxation on any property, real or personal, which is not part of the transmission and distribution lines of such association. (2) The Department of Revenue, pursuant to ORS 308.505 to 308.674, shall assess for ad valorem taxation all the real and personal property of such associations which is not a part of “transmission and distribution lines,” as defined in subsection (3) of this section. All other property subject to ad valorem taxation shall be assessed in the manner otherwise provided by law, by the assessor of the county in which such property has a tax situs. (3) As used in ORS 308.805 to 308.820: (a) “Transmission and distribution lines” shall include all property that is energized or capable of being energized or intended to be energized, or that supports or is integrated with such property. This includes, but is not limited to, substation equipment, fixtures and framework, poles and the fixtures thereon, conductors, transformers, services, meters, street lighting equipment, easements for rights of way, generating equipment, communication equipment, transmission lines leased to governmental agencies, construction tools, materials and supplies, office furniture and fixtures and office equipment. This shall not include such property as parcels of land, buildings, and merchandise held for resale. (b) “Wire mile” means a single conductor one mile long installed in a line, but not including service drops. [Amended by 1957 c.637 §1; 1959 c.109 §4; 1969 c.492 §1]
This rule cites
- ORS 308.807 — resolved
- ORS 308.505 — resolved
- 308.674 — resolved
- ORS 308.805 — resolved
- 308.820 — resolved
Cited by
- ORS 305.440: Finality of unappealed decision of tax court; effect of appeal to Supreme Court.
- ORS 308.030: Penalty for failure to file certain statements within time limits; notice; waiver or reduction of penalty; rules.
- ORS 308.807: Amount of tax.
- ORS 308.810: Association to file statement; payment of tax.
- ORS 308.820: Tax as a lien; delinquency date; action to collect.
- ORS 321.267: Lands not eligible for special assessment.
- ORS 321.824: Lands not eligible for special assessment.
- ORS 772.205: Definitions for ORS 772.210 and 772.215.
- OAR 150-305-0170: Representation of Taxpayers before the Department of Revenue
- OAR 150-308-0380: Appraisal of Real Property
- OAR 150-309-0040: PVAB Lack of Jurisdiction for Designated Utilities and Companies Assessed by the Department
- OAR 150-457-0400: Certification of Urban Renewal Frozen Value and Apportioning Value to Tax Code Areas
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors308.html