Form 150-310-091 - Nonprofit Housing And Care To Elderly Application For Funded Property Tax Exemption Page 2
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2Funded Exemption of Certain Nonprofit Homes for the Elderly
(Refer to Oregon Revised Statutes 307.241 to 307.245 for statement of the law)
A. The purpose of this program is to assist private,
(b) If the corporation receives state financial
nonprofit corporations to provide permanent
assistance (see 5e above), the land and im-
housing, recreational and social facilities, and care
provements must be actually occupied and
to elderly persons.
used (wholly or partially), to furnish per-
B. To qualify for the exemption, the corporation
manent residential, recreational, and social
must be organized and operated only for the
facilities primarily for elderly persons; on
purpose of furnishing permanent residential, rec-
January 1, 1990.
reational, and social facilities primarily for elderly
C. To receive the exemption the home must file an
persons that:
application each year with the county assessor
1. Are organized for nonprofit; pursuant to ORS
on or before April 1 (file two copies with the as-
Chapter 61, or any statute appealed by Chapter
sessor), except as provided under ORS 307.475 or
580, Oregon Laws 1959.
311.410(3).
2. Pay no net earnings to private stockholders or
An assessor may ask the Oregon Department of
individuals.
Revenue to certify if the nonprofit home qualifies
3. Receive at least 95 percent of their operating
under ORS 307.375. The assessor will then process
gross income (excluding investment income)
the claim and return a duplicate copy to the claim-
from payments for living, medical, and recre-
ant noting whether the claim has been approved
ational expenses; and social services and facili-
or denied.
ties, paid for on behalf of elderly persons who
D. E xemptions are not allowed if the assessor or the
use the corporation’s facilities.
Oregon Department of Revenue is not satisfied
4. After all debts are paid, strictly distribute the
that the corporation has reduced rent to reflect
corporation’s assets upon dissolution, to the
exemption granted in a prior year.
State of Oregon, or to other exempt corporations
The exemption will be denied if the corporation
doing religious, charitable, scientific, literary, or
requires any refundable deposit or other payment
educational work.
as a condition of occupancy, in addition to rent, that
5. Receive federal or state financial aid under these
exceeds the amount charged for one month’s rent.
federal or state laws:
If a nonprofit home receives exemption, its
(a) Section 202 of Title II of the National Housing
residents are not entitled to receive the veterans
Act (12 USC 1701q).
exemption or the homeowner’s and renter’s prop-
(b) Section 236 of the National Housing Act [12
erty tax refunds under ORS 307.370 to 307.385 and
USC 1715z (1)].
310.630 to 310.706.
(c) Section 231 of Title II of the National Housing
E. The cost of the exemption is paid by the State
Act (12 USC 1715v).
General Fund. On or before October 15, the asses-
(d) Section 101 of Title I of the National Housing
sor computes the tax on these properties as if they
Act (12 USC 1701s) or section 8 of Title II of
were not exempt and certifies the tax to the county
the National Housing Act (42 USC 1437f),
treasurer and to the Department of Revenue. The
providing rent supplement or housing as-
department then pays the county treasurer, less
sistance payments.
3 percent, by November 15. If the State General
(e) ORS 456.515 to 456.547, Elderly and Disabled
Fund appropriation is not enough to cover all
Housing Bonds.
of the property tax it may be proportionally
6. Begin the process of construction of improve-
reduced.
ments on land; or acquire property after January
The nonprofit corporation retains its full prop-
1, 1977, and:
erty tax exemption and the county governments
(a) If the corporation receives federal financial
and other local taxing districts must absorb the
assistance (see 5a–d above), the land and
portion of the taxes not paid by the state.
any improvements must be in actual use or
F. Need assistance? Contact your county assessor or
in the process of construction for corporate
purposes on January 1 of the assessment year
call the Oregon Department of Revenue Deferral
that you request the exemption.
Unit at 503-945-8349.
150-310-091 back (Rev. 08-10)
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