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Section 308.677

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Note: Sections 6 and 7, chapter 164, Oregon Laws 2019, provide:

Sec. 6. (1) Notwithstanding the repeal of ORS 308.677 by section 1 of this 2019 Act, and any decision of the Department of Revenue made under ORS 308.677 (2015 Edition) before the effective date of this 2019 Act [September 29, 2019], the intangible property of a company described in ORS 308.515 (1) shall be specially assessed as provided in subsection (2) of this section if:

(a) The company’s application for a qualified project determination was approved by the Public Utility Commission pursuant to ORS 308.677 (4) (2015 Edition) on or before March 1, 2016;

(b) The company began operating a qualified project on or before January 1, 2018; and

(c) The company has not settled any tax controversy with the department by entering into a settlement agreement pursuant to which the company has withdrawn any claims, and relinquished any entitlement, to the exemption granted under any version of ORS 308.677.

(2) Upon approval of a claim submitted under subsection (3) of this section by a company meeting the requirements of subsection (1) of this section, the department, for purposes of ORS 308.505 to 308.681 [series became 308.505 to 308.674], shall specially assess the company’s intangible property at 75 percent of the real market value of the intangible property.

(3)(a) A company seeking special assessment under this section must submit a claim to the department within 30 days following the effective date of this 2019 Act.

(b) The department shall approve a claim that demonstrates that the company meets the requirements of subsection (1) of this section. To demonstrate that the company is operating a qualified project, it is sufficient for the claim to show that the company is providing residential communication services of, at least, approximately one gigabit per second symmetrical service.

(c) If the department approves a company’s claim, the company’s intangible property shall be specially assessed as provided in subsection (2) of this section for the property tax year beginning on July 1, 2019. The company’s intangible property may not be specially assessed under this section for any other property tax year.

(d) If the department rejects a company’s claim, the department shall notify the company of the decision. [2019 c.164 §6]

Sec. 7. Section 6 of this 2019 Act is repealed on January 2, 2022. [2019 c.164 §7]

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Section 308.677