Form 150-310-020 - Application For Cancellation Of Assessment On Commercial Facilities Under Construction Or Construction Page 2
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2OREGON REVISED STATUTE (ORS) AND ADMINISTRATIVE RULE (OAR)
ORS 307.330
(h) “Modernization” means to take corrective measures to bring a
Commercial facilities under construction.
property into conformity with changes in style.
(i) “Structure” means all real property improvements, other than
(1) Except for property centrally assessed by the Department of Rev-
buildings, and includes improvements such as ramps, loading docks,
enue, each new building or structure or addition to an existing building
wharfs, and paved areas used for parking or storage.
or structure is exempt from taxation for each assessment year of not
more than two consecutive years if the building, structure or addition:
(j) “Testing” means a limited trial production run as a check of
(a) Is in the process of construction on January 1;
equipment and system performance, but does not include the process-
(b) Is not in use or occupancy on January 1;
ing of a substantial quantity of finished and marketable products that
are, or can be, sold through the usual channels of trade.
(c) Has not been in use or occupancy at any time prior to such
(2) Property eligible for exemption:
January 1 date;
(a) New building, structure or addition to an existing building
(d) Is being constructed in furtherance of the production of income;
or structure that is in the process of construction on January 1 of each
and
(e) Is, in the case of nonmanufacturing facilities, to be first used
assessment year in which exemption is claimed. The building, struc-
or occupied not less than one year from the time construction com-
ture or addition must be intended primarily for the furtherance of the
production of income, whether from a one-time sale of property or an
mences. Construction shall not be deemed to have commenced until
ongoing stream of income. For example, a new condominium project
after demolition, if any, is completed.
being constructed for future sale to purchasers, who may live on the
(2) If the property otherwise qualifies for exemption under this
property or rent the property to others, will qualify for exemption.
section and ORS 307.340, the exemption shall likewise apply to any
machinery or equipment located at the construction site which is or will
(b) Machinery or equipment located at the construction site or
be installed in or affixed to such building, structure or addition. [1959
installed in or affixed to a building, structure or addition. Testing of
c.246 §1; 1961 c.552 §1; 1971 c.284 §1; 1991 c.459 §55; 1997 c.541 §117]
equipment is allowable during the period of construction.
(c) All personal property that would qualify as real property under
OAR 150-307.010(1) that is situated at the place of construction on Janu-
ary 1 of each assessment year in which exemption is claimed.
OAR 150-307.330,
(3) Manufacturing facilities may claim exemption for no more than
Exemption of Buildings, Structures and Machinery or Equipment
two consecutive years. Conditions for exemption must exist on January
during Construction
1 of each assessment year in which exemption is claimed.
(1) Definitions for purposes of ORS 307.330 and this rule:
(4) Property not eligible for exemption:
(a) “Addition” means any enlargement of an existing building or
(a) Land.
structure. This includes the construction of additional stories or the
(b) Modernization of an existing building or structure.
erection of a new wing on an existing building.
(c) Heating equipment, elevators, ventilating systems and similar
(b) “Building” means all real property improvements erected upon
equipment installed in a building after its original construction.
the land such as hotels, office buildings, retail stores, condominiums
(d) Property constructed for residential occupancy by the owner.
and manufacturing plants and includes heating and ventilating sys-
(e) Nonmanufacturing facilities, of any kind, completed less than
tems, elevators, and similar equipment normally installed as part of
one year from the date construction began.
the building construction.
(5) No exemption may be allowed if use or occupancy is made of
(c) “Completed” means the building, structure or addition is ready
the building, structure or addition, or any part thereof, on or before
for its intended use or occupancy.
January 1 of any assessment year in which exemption is claimed.
(d) “In the process of construction” means that construction of the
(a) If the building, structure or addition is completed and ready for
new building, structure or addition has begun, but is not yet completed,
use or occupancy on January 1, although not in use, it is taxable.
and typically the foundation is partially or wholly laid. Site preparation
(b) If the building, structure or addition is completed and leased
or demolition of an existing building or structure is not considered part
on January 1, but not occupied by the lessee, it is taxable.
of the construction process.
(5) A year in which property is exempt under this section shall be
(e) “In use or occupancy” means the property is being utilized in
considered a year in which the property is exempt under ORS 307.330
the manner for which the completed building, structure or addition
for purposes of determining the maximum number of years for which
was intended.
the property may be exempt under this section or ORS 307.330. [2003
(f) “Land” means land in its natural state and includes site develop-
c.662 §34b]
ment such as fill, excavation, grading and leveling.
(g) “Machinery or equipment” includes machinery or equipment
housed within the building, structure or addition for the purpose of
manufacturing or otherwise processing raw or finished materials.
150-310-020 (Rev. 01-10)
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