(2) If a conflict is found to exist between subsection (1) of this section and ORS 314.835, ORS 314.835 controls. [2018 c.64 §9]
Note: See note under 307.870.
Note: Sections 12 to 17, chapter 64, Oregon Laws 2018, provide:
Sec. 12. (1)(a) On or before March 31, 2019, each qualified heavy equipment provider shall file with the Department of Revenue a complete report on forms provided by the department, made under penalties for false swearing, that lists the qualified heavy equipment that is assigned to each rental location and that is:
(A) In this state on January 1, 2019, at 1:00 a.m.; and
(B) Subject to the heavy equipment rental tax imposed under section 2 of this 2018 Act [307.872].
(b) The report required under this subsection shall provide the cost, acquisition date, description and rental location of each piece of qualified heavy equipment.
(c) The department shall use the report required under this subsection and the 14 years personal property valuation factors found in Table 2 of the department’s Personal Property Valuation Guidelines 2017, as revised effective December 2016, to determine a real market value for the qualified heavy equipment for purposes of this section.
(d) For purposes of this section, the department shall determine the maximum assessed value and assessed value for the qualified heavy equipment under ORS 308.153, treating the qualified heavy equipment as new property within the meaning of ORS 308.149 (6)(a)(C).
(e) The department shall use the values determined under this section to estimate the amount of ad valorem property taxes that would be due for the property tax year beginning on July 1, 2019, if the qualified heavy equipment were subject to ad valorem property taxation.
(2) On or before March 31, 2020, for each rental location, the department shall compare:
(a) The total amount of tax reported under section 4 of this 2018 Act [307.878], after any adjustment or amended returns, that is attributable to qualified heavy equipment rented out from the rental location during the 2019 calendar year; and
(b) The total estimated ad valorem property tax amount determined under subsection (1) of this section.
(3)(a) If the total amount determined under subsection (2)(a) of this section is less than the total amount determined under subsection (2)(b) of this section, the department shall collect the amount of the difference from the applicable qualified heavy equipment provider as a supplemental amount of the heavy equipment rental tax imposed under section 2 of this 2018 Act.
(b) The supplemental tax amount shall be payable on or before the later of June 30, 2020, or within 60 days after the date of the notice from the department.
(c) After retaining moneys necessary to reimburse the department for the actual costs incurred by the department in administering this section, not to exceed five percent of the supplemental tax amount, the department shall remit each net supplemental tax amount collected under this subsection to the treasurer of the county in which the applicable rental location is located and the county treasurer shall deposit all such amounts in the county’s unsegregated tax collections account.
(4) If the amount determined under subsection (2)(a) of this section is greater than the amount determined under subsection (2)(b) of this section, the department shall, in the department’s sole discretion, refund the amount of the difference to the qualified heavy equipment provider without interest or issue the amount of the difference without interest as a credit against future heavy equipment rental tax liabilities of the qualified heavy equipment provider.
(5) Provisions of law relating to the confidentiality of public records do not apply to the extent that remittances and refunds made by the department pursuant to this section disclose information derived from heavy equipment rental tax returns. [2018 c.64 §12]
Sec. 13. (1)(a) On or before March 31, 2020, each qualified heavy equipment provider shall file with the Department of Revenue a complete report on forms provided by the department, made under penalties for false swearing, that lists the qualified heavy equipment that is assigned to each rental location and that is:
(A) In this state on January 1, 2020, at 1:00 a.m.; and
(B) Subject to the heavy equipment rental tax imposed under section 2 of this 2018 Act [307.872].
(b) The report required under this subsection shall provide the cost, acquisition date, description and rental location of each piece of qualified heavy equipment.
(c) The department shall use the report required under this subsection and the 14 years personal property valuation factors found in Table 2 of the department’s Personal Property Valuation Guidelines 2017, as revised effective December 2016, to determine a real market value for the qualified heavy equipment for purposes of this section.
(d) For purposes of this section, the department shall determine the maximum assessed value and assessed value for the qualified heavy equipment under ORS 308.153, treating the qualified heavy equipment as new property within the meaning of ORS 308.149 (6)(a)(C).
(e) The department shall use the values determined under this section to estimate the amount of ad valorem property taxes that would be due for the property tax year beginning on July 1, 2020, if the qualified heavy equipment were subject to ad valorem property taxation.
(2) On or before March 31, 2021, for each rental location, the department shall compare:
(a) The total amount of tax reported under section 4 of this 2018 Act [307.878], after any adjustment or amended returns, that is attributable to qualified heavy equipment rented out from the rental location during the 2020 calendar year; and
(b) The total estimated ad valorem property tax amount determined under subsection (1) of this section.
(3)(a) If the total amount determined under subsection (2)(a) of this section is less than the total amount determined under subsection (2)(b) of this section, the department shall collect the amount of the difference from the applicable qualified heavy equipment provider as a supplemental amount of the heavy equipment rental tax imposed under section 2 of this 2018 Act.
(b) The supplemental tax amount shall be payable on or before the later of June 30, 2021, or within 60 days after the date of the notice from the department.
(c) After retaining moneys necessary to reimburse the department for the actual costs incurred by the department in administering this section, not to exceed five percent of the supplemental tax amount, the department shall remit each net supplemental tax amount collected under this subsection to the treasurer of the county in which the applicable rental location is located and the county treasurer shall deposit all such amounts in the county’s unsegregated tax collections account.
(4) If the amount determined under subsection (2)(a) of this section is greater than the amount determined under subsection (2)(b) of this section, the department shall, in the department’s sole discretion, refund the amount of the difference to the qualified heavy equipment provider without interest or issue the amount of the difference without interest as a credit against future heavy equipment rental tax liabilities of the qualified heavy equipment provider.
(5) Provisions of law relating to the confidentiality of public records do not apply to the extent that remittances and refunds made by the department pursuant to this section disclose information derived from heavy equipment rental tax returns. [2018 c.64 §13]
Sec. 14. Sections 7 [307.885], 9 [307.890] and 10 [307.872 (5)] of this 2018 Act and the definitions provided by section 1 of this 2018 Act [307.870] apply to sections 12 and 13 of this 2018 Act. [2018 c.64 §14]
Sec. 15. Sections 12 and 13 of this 2018 Act are repealed on January 2, 2022. [2018 c.64 §15]
Sec. 16. (1) Not later than July 1, 2022, the Department of Revenue, after consulting with the Legislative Revenue Officer as necessary, shall submit a report in the manner provided in ORS 192.245 to the interim committees of the Legislative Assembly related to revenue regarding the heavy equipment rental tax imposed under section 2 of this 2018 Act [307.872].
(2) For tax years with valuation dates of January 1, 2019, and January 1, 2020, the report shall set forth:
(a) The revenue collected under sections 12 (3)(a) and 13 (3)(a) of this 2018 Act, after payment of refunds, for all taxpayers registered as qualified heavy equipment providers; and
(b) The amount of ad valorem property taxes that would have been due for the property tax years beginning on July 1, 2019, and July 1, 2020, respectively, if the qualified heavy equipment had been subject to ad valorem property taxation.
(3) In the report the Legislative Revenue Officer shall propose a tax rate for section 2 of this 2018 Act that, based on the experience of the heavy equipment rental tax to date, will maintain revenue neutrality with respect to the replacement of the ad valorem property tax by the heavy equipment rental tax. [2018 c.64 §16]
Sec. 17. Section 16 of this 2018 Act is repealed on January 2, 2023. [2018 c.64 §17]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 307 - Property Subject to Taxation; Exemptions
Section 307.022 - Qualification for exemption of property of certain limited liability companies.
Section 307.030 - Property subject to assessment generally.
Section 307.092 - Property of housing authority; exception.
Section 307.095 - State property rented for parking subject to ad valorem taxation; computation.
Section 307.107 - Property used for natural gas pipeline extension project.
Section 307.110 - Public property leased or rented by taxable owner; exceptions.
Section 307.115 - Property of nonprofit corporations held for public parks or recreation purposes.
Section 307.118 - Wastewater and sewage treatment facilities.
Section 307.123 - Property of strategic investment program eligible projects; rules.
Section 307.134 - Definition of fraternal organization.
Section 307.136 - Property of fraternal organizations.
Section 307.140 - Property of religious organizations; affordable housing.
Section 307.145 - Certain child care facilities, schools and student housing.
Section 307.147 - Senior services centers.
Section 307.150 - Property used for burial, cremation or alternative disposition.
Section 307.155 - When land exempt under ORS 97.660, 307.140 or 307.150 taxable; lien.
Section 307.162 - Claiming exemption; late claims; notification of change to nonexempt use.
Section 307.168 - State land under lease.
Section 307.175 - Alternative energy systems.
Section 307.181 - Land acquired or owned by Indian tribe.
Section 307.182 - Federal land used by recreation facility operators under permit.
Section 307.183 - Summer homes on federal land occupied under permit.
Section 307.184 - Summer homes on federal land occupied under lease.
Section 307.197 - Equipment used for certain emergencies in navigable waters.
Section 307.243 - Property to which exemption applies.
Section 307.248 - Suspense account; fiscal year allocation; proration of payments.
Section 307.250 - Property of veterans or surviving spouses.
Section 307.260 - Claiming exemption; alternative procedure for surviving spouse.
Section 307.270 - Property to which exemption of ORS 307.250 applies.
Section 307.286 - Homestead exemption.
Section 307.325 - Agricultural products in possession of farmer.
Section 307.330 - Commercial facilities under construction.
Section 307.340 - Filing proof for cancellation of assessment; abatement.
Section 307.370 - Property of nonprofit homes for elderly persons; limitation on lessee.
Section 307.375 - Type of corporation to which exemption under ORS 307.370 applicable.
Section 307.380 - Claiming exemption under ORS 307.370.
Section 307.398 - Irrigation equipment.
Section 307.405 - Pollution control facilities; qualifications; expiration; revocation; limitations.
Section 307.430 - Correction of assessment and tax rolls; termination of exemption.
Section 307.455 - Definitions for ORS 307.453 to 307.459; application; exemption; limitations.
Section 307.457 - Certification of eligibility of machinery and equipment; fees.
Section 307.480 - Definitions for ORS 307.480 to 307.510.
Section 307.490 - Payments in lieu of taxes; disposition of moneys received.
Section 307.495 - Claiming exemption; verification of compliance with regulatory laws.
Section 307.515 - Definitions for ORS 307.515 to 307.523.
Section 307.517 - Criteria for exemption.
Section 307.518 - Alternative criteria for exemption.
Section 307.521 - Application for exemption; policies for considering applications.
Section 307.523 - Time for filing application; certification of exemption.
Section 307.527 - Ordinance or resolution approving or disapproving application; application fee.
Section 307.529 - Notice of proposed termination of exemption; grounds; terminating exemption.
Section 307.531 - Termination of exemption without notice; grounds; additional taxes.
Section 307.533 - Review; correction of tax rolls; payment of tax after exemption terminates.
Section 307.535 - Extension of deadline for completion; exception to imposition of additional taxes.
Section 307.540 - Definitions for ORS 307.540 to 307.548.
Section 307.541 - Nonprofit corporation low income housing; criteria for exemption.
Section 307.545 - Application for exemption.
Section 307.547 - Determination of eligibility; notice to county assessor.
Section 307.548 - Termination of exemption; additional taxes.
Section 307.555 - Property burdened by affordable housing covenant used for owner-occupied housing.
Section 307.558 - Termination of exemption for noncompliance; additional taxes.
Section 307.580 - Property of industry apprenticeship or training trust.
Section 307.600 - Legislative findings.
Section 307.603 - Definitions for ORS 307.600 to 307.637.
Section 307.612 - Duration of exemption; exclusions.
Section 307.618 - City or county findings required for approval.
Section 307.627 - Termination of exemption; additional taxes.
Section 307.637 - Deadlines for actions required for exemption.
Section 307.651 - Definitions for ORS 307.651 to 307.687.
Section 307.654 - Legislative findings.
Section 307.657 - Local government action to provide exemption.
Section 307.667 - Application for exemption.
Section 307.671 - Approval criteria.
Section 307.674 - Application, approval and denial procedures; filing with assessor; fee.
Section 307.677 - Extension of construction period; effect of destruction of property.
Section 307.681 - Termination of exemption for failure to meet requirements; procedures.
Section 307.684 - Immediate termination of exemption; additional taxes.
Section 307.804 - Rural health care facilities; claim procedures; duration of exemption.
Section 307.806 - Exemption limited to taxes of district adopting ORS 307.804; procedures.
Section 307.811 - Essential community provider long term care facilities.
Section 307.818 - Beach access sites; claim procedures.
Section 307.821 - Disqualification; additional taxes.
Section 307.824 - Findings and declarations.
Section 307.827 - Environmentally sensitive logging equipment.
Section 307.835 - Cargo containers.
Section 307.841 - Definitions for ORS 307.841 to 307.867.
Section 307.854 - Acquisition, disposition and development of real property within zone.
Section 307.858 - Project certification requirements.
Section 307.861 - Monitoring of certified projects; decertification.
Section 307.864 - Partial property tax exemption.
Section 307.866 - Decertification of project; disqualification from exemption; additional taxes.
Section 307.867 - Termination of zone; effect of termination.
Section 307.870 - Definitions for ORS 307.870 to 307.890.
Section 307.875 - Heavy equipment provider registration; records and statements; rules.
Section 307.878 - Collection of tax; quarterly returns; remittance of tax.
Section 307.883 - Taxes held in trust; warrant for delinquent taxes; enforcement procedures.
Section 307.885 - Applicability of other provisions of tax law.
Section 307.888 - Distribution of moneys received; certain information not confidential.
Section 307.890 - Exemption from disclosure; statutory conflict resolution.