71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 380
A-Engrossed
House Bill 2111
Ordered by the House May 3
Including House Amendments dated May 3
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Susan Morgan
and Representative Tim Knopp for the National Federation of
Independent Business)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Increases amount of assessed value of personal property for
which property tax is canceled from $10,000 to { - $20,000 - }
{ + $12,500. Requires Department of Revenue to adjust amount
annually based on Consumer Price Index + }.
Applies to tax years beginning on or after July 1, 2002.
A BILL FOR AN ACT
Relating to taxation; creating new provisions; and amending ORS
308.250 and 308.290.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 308.250 is amended to read:
308.250. (1) All personal property not exempt from ad valorem
taxation or subject to special assessment shall be valued at 100
percent of its real market value, as of January 1, at 1:00 a.m.
and shall be assessed at its assessed value determined as
provided in ORS 308.146.
(2) If the total assessed value of all taxable personal
property required to be reported under ORS 308.290 in any county
of any taxpayer is less than { - $10,000 - } { + $12,500 + }
in any assessment year, the county assessor shall cancel the ad
valorem tax assessment for that year.
(3) In any assessment year or years following an assessment
year for which taxes are canceled under subsection (2) of this
section, the taxpayer may meet the requirements of ORS 308.290 by
filing, within the time required under ORS 308.290, a verified
statement with the county assessor indicating that the total
assessed value of all taxable personal property of the taxpayer
required to be reported under ORS 308.290 in the county is less
than { - $10,000 - } { + $12,500 + }. The statement shall
contain the name and address of the taxpayer, the information
needed to identify the account and other pertinent information,
but shall not be required to contain a listing or value of
property or property additions or retirements.
{ + (4)(a) For each tax year beginning on or after July 1,
2003, the Department of Revenue shall recompute the maximum
amount of the assessed value of taxable personal property for
which ad valorem property taxes may be canceled under this
section. The computation shall be as follows:
(A) Divide the average U.S. City Average Consumer Price Index
for the first six months of the current calendar year by the
average U.S. City Average Consumer Price Index for the first six
months of 2002.
(B) Recompute the maximum amount of assessed value for which
taxes may be canceled by multiplying $12,500 by the appropriate
indexing factor determined as provided in subparagraph (A) of
this paragraph.
(b) As used in this subsection, 'U.S. City Average Consumer
Price Index' means the U.S. City Average Consumer Price Index for
All Urban Consumers (All Items) as published by the Bureau of
Labor Statistics of the United States Department of Labor.
(c) If any change in the maximum amount of assessed value
determined under paragraph (a) of this subsection is not a
multiple of $500, the increase shall be rounded to the nearest
multiple of $500. + }
SECTION 2. ORS 308.290 is amended to read:
308.290. (1)(a) Every person and the managing agent or officer
of any firm, corporation or association owning, or having in
possession or under control taxable personal property shall make
a return of the property for ad valorem tax purposes to the
assessor of the county in which such property has its situs for
taxation; however, as between a mortgagor and mortgagee or a
lessor and lessee, the actual owner and the person in possession
may agree between them as to who shall make the return and pay
the tax, and the election shall be followed by the person in
possession of the roll who has notice of the election. Upon the
failure of either party to file a personal property tax return on
or before March 1 of any year, both parties shall be jointly and
severally subject to the provisions of ORS 308.296.
(b) Every person and the managing agent or officer of any firm,
corporation or association owning or in possession of taxable
real property shall make a return of the property for ad valorem
tax purposes when so requested by the assessor of the county in
which such property is situated.
(2)(a) Each return of personal property shall contain a full
listing of such property and a statement of its real market
value, including a separate listing of those items claimed to be
exempt as imports or exports. Each statement shall contain a
listing of the additions or retirements made since the prior
January 1, indicating the book cost and the date of acquisition
or retirement. Each return shall contain the name, assumed
business name, if any, and address of the owner of the personal
property and if it is a partnership, the name and address of each
general partner or if it is a corporation, the name and address
of its registered agent.
(b) Each return of real property shall contain a full listing
of the several items or parts of such property specified by the
assessor and a statement exhibiting their real market value. Each
return shall contain a listing of the additions and retirements
made during the year indicating the book cost, book value of the
additions and retirements or the appraised real market value of
retirements as specified in the return by the assessor.
(c) There shall be annexed to each return the affidavit or
affirmation of the person making the return that the statements
contained in the return are true. All returns shall be in such
form as the assessor, with the approval of the Department of
Revenue, may prescribe. Prior to December 31 preceding the
assessment year, the department or assessor shall cause blank
forms for the returns to be prepared and distributed by mail, but
failure to receive or secure the form shall not relieve the
person, managing agent or officer from the obligation of making
any return required by this section.
(3) All returns shall be filed on or before March 1 of each
year, but the assessor, upon written request filed with the
assessor prior to that date and for good cause shown in the
request, shall allow for an extension of time within which to
file the return to April 15. The department shall adopt rules for
the granting of extensions under this subsection.
(4)(a) In lieu of the returns required under subsection (1)(a)
or (b) of this section, every person and the managing agent or
officer of any firm, corporation or association owning or having
in possession or under control taxable real and personal property
that is either principal or secondary industrial property as
defined by ORS 306.126 (1) and is appraised by the department
shall file a combined return of the real and personal property
with the department.
(b) The contents and form of the return shall be as prescribed
by rule of the department. Any form shall comply with ORS
308.297. Notwithstanding ORS 308.875, a manufactured structure
that is a part of an industrial property shall be included in a
combined return.
(c) In order that the assessor may comply with ORS 308.295, the
department shall provide a list to the assessor of all combined
returns required to be filed with the department under this
subsection but were not filed on or before the due date or within
the time allowed by an extension.
(d) If the department has delegated appraisal of the property
to the assessor under ORS 306.126 (3), the department shall
notify the person otherwise required to file the combined return
under this subsection as soon as practicable after the delegation
that the combined return is required to be filed with the county
assessor.
(e) Notwithstanding subsection (1) or (3) of this section, a
combined return of real and personal property that is industrial
property appraised by the department shall be filed with the
department on or before March 1 of the year.
(5)(a) Any person required to file a return under subsection
(4) of this section may apply to the Department of Revenue for an
extension of the time within which to file the return to April
15. An extension granted under this subsection shall continue in
effect for each subsequent year unless canceled by the person or
revoked by the department. An extension granted under this
subsection shall apply to returns required to be filed with
either the county assessor or the department. The department
shall provide for notification of county assessors of the
granting of extensions under this subsection.
(b) The Department of Revenue shall, by rule, establish
procedures and criteria for the granting of extensions provided
for under paragraph (a) of this subsection. The department shall
adopt such rules after consultation with an advisory committee
selected by the department that represents the interests of
county assessors and affected taxpayers.
(6) No return shall be controlling on the assessor or on the
Department of Revenue in any respect in the assessment of any
property. On any failure to file the required return, the
property shall be listed and evaluated from the best information
obtainable from other sources.
(7) All returns filed under the provisions of this section and
ORS 308.525 and 308.810 shall be confidential records of the
office in which such returns are filed; except that all such
returns shall be available to the Department of Revenue or its
representative, to the representatives of the Secretary of State
or to an accountant engaged by a county under ORS 297.405 to
297.555 for the purpose of auditing the county's personal
property tax assessment roll (including adjustments to returns
made by the Department of Revenue), to the county tax collector
or the tax collector's representative for the purpose of
collecting delinquent personal property taxes, to any reviewing
authority as to those returns relating to appeals by taxpayers,
to the Adult and Family Services Division of the Department of
Human Services, to the Division of Child Support of the
Department of Justice and district attorney regarding cases for
which they are providing support enforcement services under ORS
25.080 and to the Legislative Revenue Officer or authorized
representatives for the purpose of preparation of reports,
estimates and analyses required by ORS 173.800 to 173.850. The
Department of Revenue may exchange property tax information with
the authorized agents of the federal government and the several
states on a reciprocal basis.
(8) If the assessed value of any personal property in
possession of a lessee is less than { - $10,000 - } { + the
maximum amount of the assessed value of taxable personal property
for which ad valorem property taxes may be canceled under ORS
308.250 + }, the person in possession of the roll may disregard
an election made under subsection (1) of this section and assess
the owner or lessor of the property.
SECTION 3. { + The amendments to ORS 308.250 and 308.290 by
sections 1 and 2 of this 2001 Act apply to tax years beginning on
or after July 1, 2002. + }
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