For purposes of the standard credit under ORS
315.506 to offset state personal
or corporate income/excise tax liabilities based on tribal taxes incurred or
paid to the Tribe for an applicable business facility in any RENZ or
RPRZ:
(1) It is available to a
business engaged in any type of income-furthering activity, other than leasing
the facility to tenants, irrespective of receipt or qualification for any other
enterprise-zone tax abatement by the business or the facility.
(2) The business must have acquired the
facility (by purchase or lease) or completed its construction, erection or
installation, only since January 1, 2002. In addition, for a previously
existing facility:
(a) If located on the
Tribe's reservation, the business operations need to be significantly different
from and not in any way the continuation of what was undertaken at the facility
before its latest acquisition; and
(b) The facility, for purposes of applicable
tribal property taxes, comprises new investments (completed and placed in
service since January 1, 2002) only to the extent that they effectively
enlarged or extended the ability of the business to generate revenue at the
facility, as opposed to existing property or the replacement of existing
property.
(3) The credit
(for which any unused amounts may not be carried forward) equals:
(a) The total amount of tribal taxes under
ORS 285C.300 incurred or paid by the
business in or respective to the first income/excise tax year, in which it
operates in the RENZ or RPRZ; or
(b) For any other tax year, only the annual
property taxes imposed by the Tribe on facility property consistent with
section (2) of this rule.
(4) An applicable tribal property tax for
purposes of section (3) of this rule shall be:
(a) Levied in an area encompassing an entire
district, in which multiple businesses might generally develop and operate, and
throughout which the Tribe has authority to impose and collect such a tax on
non-Indian businesses, regardless of the area's general correspondence to or
coverage by the RENZ or RPRZ;
(b)
Computed based on a rate or schedule of rates multiplied by the valuation of
certain types of tangible property in the area of taxation, even if the
methods, definitions and so forth differ from ad valorem taxation under state
law; and
(c) Uniformly assessed and
imposed on any non-Indian business, as well as Indian enterprises if they too
are subject to the same tax and not exempt in any way due to location in the
RENZ or RPRZ.
(5) To
claim the tax credit, the business/taxpayer shall fill out the latest revision
of the Department of Revenue Schedule OR-REZT, form 150-102-046, Reservation
Enterprise Zone Tax Credit though not submit it with the tax return, for an
applicable income/corporate excise tax year beginning before the date
prescribed under section 21, chapter 913, Oregon Laws 2009, as last amended.
The schedule is available from the Department of Revenue at
oregon.gov/dor/forms/Pages/default.aspx.
Notes
Or. Admin. Code §
123-656-1600
OBDD 24-2010, f.
& cert. ef. 6-14-10;
OBDD
14-2015, f. & cert. ef.
11/12/2015;
OBDD
11-2016, f. & cert. ef.
9/16/2016;
OBDD
10-2017, amend filed 11/29/2017, effective
11/29/2017;
OBDD
11-2020, amend filed 08/12/2020, effective
8/12/2020;
OBDD
14-2023, amend filed 07/05/2023, effective
7/5/2023;
OBDD
47-2024, minor correction filed 10/18/2024, effective
10/18/2024
Statutory/Other Authority: ORS
285A.075 & ORS
285C.060(1)
Statutes/Other Implemented: ORS
315.506 (Formerly ORS
285C.309, not removed from
series by legislative action) & Or Laws 2019, ch. 320, §7 (inserting
cross-reference to definitions in ORS
285C.300)
