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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) Prior to the completion of a farmworker housing project for which credit under ORS 315.164 will be claimed, an owner or operator of farmworker housing shall apply to the Housing and Community Services Department for a letter of credit approval.
(2) The application shall be on such form as is prescribed by the Housing and Community Services Department and shall provide:
(a) The name, address and taxpayer identification number of the taxpayer;
(b) The location of the proposed farmworker housing;
(c) A description of the project identifying the type of housing that is the subject of the project;
(d) An estimate of the eligible costs of the project;
(e) The number of units in the project dedicated to farmworker housing and the eligible costs associated with the units;
(f) The amount of credit to be claimed by the owner or operator of farmworker housing, and the amount of credit, if any, to be claimed by a contributor under ORS 315.169; and
(g) Any other information as the Housing and Community Services Department may require.
(3) The Housing and Community Services Department may review applications using any reasonable system of prioritizing review established by department rule.
(4) Applications filed in compliance with this section shall be approved by the Housing and Community Services Department to the extent that the total of estimated eligible costs for all approved projects for the calendar year is equal to or less than $7.25 million. No application shall be approved if the addition of the estimated eligible costs of the project to the estimated eligible costs for all approved projects for the calendar year would exceed $7.25 million.
(5) Upon approval of an application, the Housing and Community Services Department shall prepare a letter of credit approval. The letter shall state the approved amount of estimated eligible costs for the project and, if applicable, the portion of credit to be claimed by an owner or operator of farmworker housing under ORS 315.164 and the portion of credit to be claimed by a contributor under ORS 315.169. The letter shall be sent:
(a) To the owner or operator of farmworker housing, if any credit is to be claimed under ORS 315.164; and
(b) To the contributor, if any credit is to be claimed under ORS 315.169 and if the contributor has been identified at the time of approval.
(6) At the conclusion of each calendar year, the Housing and Community Services Department shall send a list of the names, addresses and taxpayer identification numbers of taxpayers to whom a letter of credit approval has been issued under this section during the calendar year, along with approved amounts of estimated eligible costs for each project, to the Department of Revenue.
(7) Notwithstanding that a letter of credit approval has been issued to a taxpayer under this section, the Department of Revenue may disallow, in whole or in part, a claim for credit under ORS 315.164 upon the Department of Revenue's determination that under the provisions of ORS 315.164 the taxpayer is not entitled to the credit or is only entitled to a portion of the amount claimed.
Cite this article: FindLaw.com - Oregon Revised Statutes Revenue and Taxation § 315.167 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-29-revenue-and-taxation/or-rev-st-sect-315-167/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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