Chapter 524
AN ACT
SB 815
Relating to taxation; amending ORS 311.410.
Be It Enacted by the People of
the State of
SECTION 1. ORS 311.410 is amended to read:
311.410. (1) Real
property or personal property that is subject to taxation on July 1 shall
remain taxable and taxes levied thereon for the ensuing tax year shall become
due and payable, notwithstanding any subsequent transfer of the property to an
exempt ownership or use. Taxes that are unpaid as of the termination of a lease,
lease purchase agreement or other instrument resulting in the taxation of the
property shall remain a lien on the property as of the day prior to the
termination of the lease, lease purchase agreement or other instrument. Real or
personal property exempt from taxation on July 1 shall remain exempt for the
ensuing tax year, notwithstanding any transfer within the tax year to a taxable
ownership or use.
(2) A sale or transfer
of personal property or any part of personal property does not affect the lien
under ORS 311.405 (3)(a)(A), (4) or (5). Taxes on personal property transferred
from a tax exempt to a taxable ownership or use shall be a lien on any and all
of the personal property assessed to the person and on any and all of the
taxable personal property of the person assessed from and including the date of
transfer until paid. The liens shall be subject to this section and ORS
311.405.
(3) Notwithstanding ORS
311.405 (4) or (5), real or personal property is exempt for the ensuing tax year if the property is transferred or
changed from a taxable to an exempt ownership or use at any time before July 1
of any year. However, if the property is exempt under a provision of ORS
chapter 307 that requires the filing of a claim for exemption, the transfer does
not operate to render the property exempt from taxation for the ensuing tax
year unless the required claim for exemption is filed on or before the date
specified in the applicable statute or within 30 days after the date of
acquisition or, if relevant under the applicable exemption statute, the change
of use of the property, whichever is later. This section does not limit other
statutes that prescribe filing dates for claiming an exemption.
(4) Real or personal
property is taxable for the ensuing tax year if the property is transferred or
changed at any time before July 1 of any year from an exempt ownership to a
taxable ownership or taxable use. Transfer of real or personal property from a
tax-exempt use to a taxable use at any time between January 1 and June 30 of
any year constitutes notice to the transferee, owner or person in control of
the property that the property will be subject to taxation for the ensuing tax
year. In the case of real property, the transferee, owner or person in control
of the property shall advise the county assessor of the transfer. In the case
of personal property, the transferee, owner or person in control of the
property shall make a return of the property that lists the information
required by ORS 308.290 within 30 days after the transfer.
[(4)] (5) Real property that is the subject of eminent domain
proceedings instituted by a public body shall, for the purposes of this
section, be deemed to have been transferred as of the date of payment therefor,
the date of entry into possession by the public body or the date of entry of
judgment in the eminent domain proceedings, whichever is earlier.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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