(1) "Eligible business" means a business that:
(a) Is engaged within a reservation enterprise zone or a reservation partnership zone in the manufacture or provision of goods, products or services to other businesses or to the general public, through activities including, but not limited to, manufacturing, assembly, fabrication, processing, shipping, storage, retail sales or services, child care, housing, retail food service, health care, tourism, entertainment, financial services, professional services, energy development, construction or similar activities; and
(b) Occupies or owns a new business facility within a reservation enterprise zone or a reservation partnership zone.
(2) "New business facility":
(a) Means a physical asset within a reservation enterprise zone or a reservation partnership zone that satisfies the following requirements:
(A) The facility is used by a business in the operation of a revenue-producing enterprise, except that the revenue-producing enterprise must consist of activity other than leasing the facility to another person; and
(B) The facility is acquired by or leased to a business on or after January 1, 2002, including a facility, the title or possession of which is transferred to the business on or after January 1, 2002, or a facility, the construction, erection or installation of which is completed on or after January 1, 2002;
(b) Subject to paragraph (c) of this subsection, includes a facility acquired or leased from a person that used the facility in a revenue-producing enterprise within the boundaries of the same Indian reservation immediately prior to the transfer of title or possession of the facility to the business; and
(c) Does not include:
(A) A facility that is used in a revenue-producing enterprise that is the same or substantially identical to the revenue-producing enterprise in which the facility was previously used within the boundaries of the same Indian reservation; or
(B) Any property that merely replaces existing property and that does not expand the capacity of the revenue-producing enterprise in which the facility is to be used.
(3) "Reservation enterprise zone" means an enterprise zone designated under ORS 285C.306.
(4) "Reservation partnership zone" means an enterprise zone cosponsored under ORS 285C.306.
(5) "Tribal government" means the governing body of an Indian tribe, if the governing body has the authority to levy, impose and collect taxes within the boundaries of the reservation of the tribe.
(6) "Tribal tax" means any specific tax that is or may be levied or imposed by a tribal government upon a business and that is measured with reference to a specific level or quantity of that business’s income, operations, use or ownership of property. "Tribal tax" includes, but is not limited to, an income or excise tax, an ad valorem property tax, a gross receipts tax or a sales and use tax. [Formerly 285B.766; 2010 c.76 §23]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 285C - Economic Development III
Section 285C.050 - Definitions for ORS 285C.050 to 285C.250.
Section 285C.060 - Duties of Oregon Business Development Department; rules.
Section 285C.066 - Department may adopt certain rules.
Section 285C.067 - Consultation with local taxing districts; rules.
Section 285C.068 - Port cosponsorship of zones.
Section 285C.085 - Federal enterprise zones.
Section 285C.090 - Requirements for area to be designated zone; exception.
Section 285C.105 - Duties of zone sponsor.
Section 285C.115 - Change of zone boundaries; positive determination by department required.
Section 285C.125 - Duties of Department of Revenue; rules.
Section 285C.130 - Duties of county assessor.
Section 285C.135 - Requirements for eligibility.
Section 285C.150 - Conditions required by sponsor for authorization; reports.
Section 285C.155 - Minimum employment and other requirements for authorization.
Section 285C.165 - Extension of period of authorization; filing fee.
Section 285C.170 - Construction-in-process exemption.
Section 285C.175 - Enterprise zone exemption; requirements; duration.
Section 285C.180 - Qualified property generally.
Section 285C.200 - Qualifications of business firm; rules.
Section 285C.210 - Substantial curtailment of business operations.
Section 285C.215 - First-source hiring agreements; rules.
Section 285C.220 - Exemption claims; contents; late filing; fees.
Section 285C.225 - Sponsor’s addendum; property schedule; amendments.
Section 285C.230 - Assessor to grant or deny exemption; assistance of sponsor.
Section 285C.235 - Authority of county assessor; authority of sponsor.
Section 285C.245 - Termination; effect of termination on property; procedures.
Section 285C.250 - Redesignation or designation of new zone following zone termination.
Section 285C.255 - Sunset of enterprise zone program.
Section 285C.300 - Definitions for ORS 285C.300 to 285C.320.
Section 285C.306 - Reservation enterprise zones and reservation partnership zones.
Section 285C.320 - Status of reservation enterprise zone and reservation partnership zone; sponsor.
Section 285C.350 - Definitions for ORS 285C.350 to 285C.370.
Section 285C.356 - Application for authorization.
Section 285C.359 - Qualified property.
Section 285C.362 - Exemption; requirements; duration.
Section 285C.400 - Definitions for ORS 285C.400 to 285C.420.
Section 285C.403 - Certification of business firm; application; review; appeal.
Section 285C.406 - Claiming property tax exemption or income tax credit.
Section 285C.409 - Property tax exemption; requirements; duration.
Section 285C.412 - Conditions for continued exemption.
Section 285C.420 - Disqualification; exception; additional taxes.
Section 285C.500 - Definitions for ORS 285C.500 to 285C.506.
Section 285C.503 - Preliminary certification of facility; application; fee; review; appeal.
Section 285C.540 - Definitions for ORS 285C.540 to 285C.559.
Section 285C.543 - Rules; criteria for renewable energy resource equipment manufacturing facilities.
Section 285C.545 - Annual limit to cost of facility in granting tax credits; discretion of director.
Section 285C.547 - Application for preliminary certification; eligibility; contents; fees; rules.
Section 285C.549 - Transferability of facility tax credit.
Section 285C.559 - Revocation of certificate; collection.
Section 285C.600 - Definitions for ORS 285C.600 to 285C.635.
Section 285C.612 - Eligible project application fees.
Section 285C.615 - Annual participant reports; penalty; disclosure; rules.
Section 285C.623 - Strategic investment zones; establishment; fees.
Section 285C.626 - Business firm application for project within strategic investment zone.
Section 285C.653 - Tax credit utilization limit per tax year; rules.
Section 285C.656 - Suspension or revocation of certificate; recapture of tax credit.
Section 285C.659 - Report; posting on Oregon transparency website required.