Form 150-310-087 - Application For Real And Personal Propery Tax Exemption 2010 Page 2
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2OREGON REVISED STATUTE (ORS) AND OREGON ADMINISTRATIVE RULE (OAR)
ORS 307.112 Property held under lease or lease-purchase by
OAR 150-307.112 Property Held Under Lease
(1) A new claim shall be filed with the county assessor, as re-
institution, organization or public body other than state.
(1) Real or personal property of a taxable owner held under lease,
quired under ORS 307.112(4), when a new lease, new lease-purchase
agreement, extension of current lease, extension of current lease-
sublease or lease-purchase agreement by an institution, organization
purchase agreement or any modification to the existing lease or
or public body, other than the State of Oregon, granted exemption
lease-purchase agreement is made.
or the right to claim exemption for any of its property under ORS
(2) The new claim shall meet all the requirements of ORS 307.112.
307.090, 307.130, 307.136, 307.140, 307.145 or 307.147, is exempt from
(3) Late filing as provided in ORS 307.162(2) is permitted.
taxation if:
(4) The State of Oregon and the United States government are
(a) The property is used by the lessee or, if the lessee is not in
not permitted to file a claim for exemption under ORS 307.112.
possession of the property, the entity in possession of the property
in the manner, if any, required by law for the exemption of property
(5) The assessor must be satisfied that the amount of rent charged
owned, leased, subleased or being purchased by it; and
is below market rent. "Market rent" is defined as the rental income
(b) It is expressly agreed within the lease, sublease or lease-
a property would most probably command in the open market and
purchase agreement that the rent payable by the institution, orga-
includes an element for property taxes.
nization or public body has been established to reflect the savings
(6) To reflect the savings below market rent, the actual rent must
below market rent resulting from the exemption from taxation.
be less than market rent in an amount that is at least equal to what
(2) To obtain the exemption under this section, the lessee or, if the
the property tax would be if the property were taxable.
lessee is not in possession of the property, the entity in possession
(7) Sufficient documentary proof must be submitted at the time
of the property must file a claim for exemption with the county as-
of application.
sessor, verified by the oath or affirmation of the president or other
(8) Acceptable documentary proof to show the property tax
proper officer of the institution or organization, or head official of
savings is passed on to the lessee may include but is not limited to
the public body or legally authorized delegate, showing:
the following comparisons:
(a) A complete description of the property for which exemption
(a) Current rental rate for any portion of that property occupied
is claimed.
by nonexempt tenants;
(b) If applicable, all facts relating to the use of the property by
(b) Historic rental rate data of that property;
the lessee or, if the lessee is not in possession of the property, all
(c) Rental rate used in a real market value appraisal for that
facts relating to the use of the property by the entity in possession
property;
of the property.
(d) Rent study of comparable or similar properties.
(c) A true copy of the lease, sublease or lease-purchase agreement
(9) The savings must be clearly evident. Insufficient proof or
covering the property for which exemption is claimed.
failure to show the rent is below market rent as described above is
(d) Any other information required by the claim form.
grounds for denial of the exemption.
(3) If the assessor is not satisfied that the rent stated in the
(10) A statement that the "lessee is responsible for the taxes" is
lease, sublease or lease-purchase agreement has been established
not sufficient proof of a tax savings.
to reflect the savings below market rent resulting from the tax
(11) When used in reference to real property or tangible personal
exemption, before the exemption may be granted the lessor must
property, a lease is a contract of at least one year by which the owner
provide documentary proof, as specified by rule of the Department
of a property grants the rights of possession, use, and enjoyment of
of Revenue, that the rent has been established to reflect the savings
the property to another for a specified period of time in exchange
below market rent resulting from the tax exemption.
for payment.
(4)(a) The claim must be filed on or before April 1, preceding
(12) Month-to-month tenancy or a general rental agreement is
the tax year for which the exemption is claimed, except:
not considered the same as a lease for purposes of an exemption
(A) If the lease, sublease or lease-purchase agreement is entered
into after March 1 but not later than June 30, the claim must be filed
within 30 days after the date the lease, sublease or lease-purchase
agreement is entered into if exemption is claimed for that year; or
(B) If a late filing fee is paid in the manner provided in ORS
307.162 (2), as applicable and notwithstanding the limitation
of scope in ORS 307.162(1), the claim may be filed on or before
December 31 of the tax year for which exemption is first claimed.
(b) The exemption first applies for the tax year beginning July
1 of the year for which the claim is filed. The exemption continues
as long as the use of the property remains unchanged and during
the period of the lease, sublease or lease-purchase agreement. If the
use changes, a new claim must be filed as provided in this section.
If the use changes due to sublease of the property or any portion of
the property from the tax exempt entity described in subsection (1)
of this section to another tax exempt entity, the entity in possession
of the property must file a new claim for exemption as provided
in this section. If the lease, sublease or lease-purchase agreement
expires before July 1 of any year, the exemption terminates as of
January 1 of the same calendar year.
150-310-087 (Rev. 01-10)
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