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Oregon Revised Statutes Revenue and Taxation § 308.516

Current as of January 01, 2023 | Updated by Findlaw Staff

<Text of section applicable to property tax years prior to July 1, 2015.  See, also, section applicable to property tax years beginning on or after July 1, 2015.>

(1) A company is not a company described in ORS 308.515 (1) to the extent that the company furnishes undiluted liquefied or industrial gas in bottles, tanks or similar containers.

(2) A company is not a company described in ORS 308.515 (1) if:

(a) The company generates electricity primarily for the company's own use and makes no more than incidental sales of the company's surplus electricity to other persons; or

(b)(A) The company's generating facility is primarily fueled by wood waste or other biomass fuel;

(B) The generating facility has a maximum capacity of 20 megawatts; and

(C) The company, if selling the generated electricity, does so only directly to an electric utility, as defined in ORS 758.505, for the electric utility's distribution to utility customers.

(3) A company that is the owner or lessee of a data center is not a company described in ORS 308.515 (1) if:

(a) The company has entered into a written tax abatement agreement, or is entitled by assignment or succession to the benefits of a tax abatement agreement entered into, with the sponsors of an enterprise zone with respect to a data center, pursuant to ORS 285C.050 to 285C.250 or 285C.400 to 285C.420; and

(b)(A) The original cost of construction and installation of all real and tangible personal property owned or leased by the company in Oregon other than data centers does not equal more than five percent of the original cost of the real and tangible personal property of all data centers owned, leased or used by the company in Oregon and all additions to the data center property; and

(B) The property in Oregon other than data centers described in subparagraph (A) of this paragraph consists of real or tangible personal property used in the operation of an office or a warehouse or in connection with the construction, installation or operation of data center property.

(4)(a) Property of a company described in subsection (3) of this section may not be assessed under ORS 308.505 to 308.681 during the term of an exemption granted pursuant to an agreement described in subsection (3)(a) of this section or during the term of any statutorily authorized extensions of the exemption, waivers or periods of in lieu payments.

(b) For purposes of the notations required under ORS 285C.175 (7) and 285C.409 (3), the county assessor shall record the real market value, the assessed value and the amount of potential additional taxes as determined without regard to ORS 308.505 to 308.681.

(5) If a company described in subsection (3) of this section owns or leases a data center in more than one county in this state, each data center must satisfy all applicable requirements under subsection (3) of this section.

(6)(a) As used in this section:

(A) “Data center” means an online service data center or an independent data center.

(B) “Independent data center” means real and personal property consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, as a service to persons other than the company operating the independent data center, data and transaction processing services, outsource information technology services and computer equipment colocation services.

(C) “Online service data center” means real and personal property consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, to a single user, including the user's affiliates, customers, lessees, vendors and other persons authorized by the user, data and transaction processing services.

(b) For purposes of this subsection, the primary use of property is based on the relative proportion of the original cost of property used for all purposes.

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Cite this article: FindLaw.com - Oregon Revised Statutes Revenue and Taxation § 308.516 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-29-revenue-and-taxation/or-rev-st-sect-308-516/

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