§ 307.590 — Definitions for ORS 307.590 to 307.596; new accessory dwelling units; newly converted multiplexes; taxing district approval

Oregon § 307.590

• Jurisdiction: Oregon
• Vol.: 8
• Title 29: Revenue and Taxation
• Ch. 307: Property Subject to Taxation; Exemptions

Text

(1) As used in ORS 307.590 to 307.596:
(a) “Adopting jurisdiction” means the governing body of a city or county that adopts an exemption law.
(b) “Eligible property” means property described in subsection (3) of this section.
(c) “Exemption law” means an ordinance or resolution adopted pursuant to subsection (2) of this section.
(2)(a) The governing body of a city or county may adopt by ordinance or resolution a law granting a property tax exemption for property described in subsection (3) of this section.
(b) The ordinance or resolution may include any other conditions for the exemption that do not conflict with ORS 307.590 to 307.596.
(3) Property of an owner, lessee or other person responsible for paying the taxes on the property is eligible for exemption under this section if the property is:
(a)(A) A newly constructed accessory dwelling unit as defined in ORS 215.501; or
(B) A duplex, triplex or quadplex that has been newly converted from a single-family dwelling; and
(b) During the period of the exemption:
(A) Used as the occupant’s primary residence; and
(B) Not rented out for consideration as transient lodging for any duration.
(4) For purposes of this section, property shall be considered newly constructed or newly converted if, following the completion of the construction or conversion, a certificate of occupancy was issued for the property at any time within the 12-month period immediately preceding the date on which an application for the exemption is first filed under ORS 307.592.
(5)(a) Eligible property shall be exempt from taxation for an initial property tax year and for the four succeeding property tax years, provided the conditions for eligibility are met for each year, including the filing of timely applications.
(b) Only one exemption may be granted per tax account.
(6)(a) An exemption law may not take effect unless:
(A) Upon request of the adopting jurisdiction, the governing bodies of the other taxing districts having territory within the boundaries of the city or county vote to approve the exemption; and
(B) The combined rates of taxation of the city or county and all approving taxing districts equal 51 percent or more of the total combined rate of taxation on the eligible property.
(b) If the exemption law takes effect, the exemption shall apply to all property tax levies of all taxing districts in which the exempt property is located.
(c) The decisions of the taxing districts under paragraph (a) of this subsection may not be changed but are not binding with respect to an exemption law amended by the adopting jurisdiction pursuant to subsection (7) of this section.
(7)(a) An adopting jurisdiction may adopt at any time an ordinance or resolution amending the terms of an exemption law adopted pursuant to this section, subject to the approval of the taxing districts under subsection (6)(a) of this section, or repealing the exemption law.
(b) Notwithstanding paragraph (a) of this subsection, property that has been granted an exemption under the exemption law before the effective date of the amendment shall continue to receive the exemption under the terms in effect at the time the exemption was first granted.
(8) The exemption granted under this section is in addition to and not in lieu of any other property tax limit, exemption or partial exemption, special assessment or deferral.
(9) ORS 315.037 does not apply to this section.

Legislative History

2023 c.583 §1