Or. Admin. R. 741-030-0040 - Preliminary Certification Application

(1) Applicants requesting preliminary certification for a short line rehabilitation tax credit must submit their request during the application submission periods specified in OAR 741-030-0025.

(2) Applicants requesting preliminary certification for a short line rehabilitation tax credit must apply on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification).

(3) The application must also include a certification, executed by an authorized representative of the short line railroad, that certifies that the applicant's project meets the requirements for a short line railroad project set forth in ORS 315.591 - 315.603 and this division of administrative rules. The representative's certification must be a sworn statement attesting to the truth of the certification and attesting to the following:

(a) That the railroad is either a Tier I or Tier II short line railroad;

(b) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon;

(c) The railroad mileposts that are adjacent to the leased or owned infrastructure;

(d) That rehabilitation costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit; and

(e) That the applicant is current on all state and local taxes, fees and assessments.

Notes

Or. Admin. R. 741-030-0040

RD 1-2019, temporary adopt filed 12/17/2019, effective 1/1/2020 through 6/28/2020; RD 1-2020, adopt filed 05/28/2020, effective 5/28/2020; RD 8-2021, minor correction filed 12/16/2021, effective 12/16/2021; RD 15-2021, minor correction filed 12/16/2021, effective 12/16/2021

Statutory/Other Authority: ORS 184.619, 823.011, 315.593, 315.597

Statutes/Other Implemented: ORS 315.591 - 315.603