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Oregon Revised Statute (ORS) and Oregon Administrative Rule (OAR)
ORS 307.166. (1) If property is owned or being purchased by or 307.090 to a lessee, sublessee or entity the property of which is
an institution, organization or public body that is granted exemp- eligible for exemption under ORS 307.040 or 307.090 must provide
tion or the right to claim exemption for any of its property under the assessor of the county in which the property is located with
a provision of law contained in this chapter, and the institution, the following information as soon as practicable after execution
organization or public body leases or otherwise grants the use of a lease, sublease or other grant of use and possession of the
and possession of the property to another institution, organization property:
or public body that is likewise granted exemption or the right to (A) The name and address of the lessee, sublessee or possessor;
claim exemption for property under a provision of law contained (B) Upon request of the assessor, a copy of the lease, sublease
in this chapter, the property is exempt from taxation if used by or other grant of use and possession of the property; and
the lessee or possessor in the manner, if any, required by law for (C) The location of the property.
the exemption of property owned or being purchased by the les- (b) Upon compliance with paragraph (a) of this subsection, the
see or possessor and any tax savings resulting from the exemp- property is exempt from taxation under this section during the
tion from taxation granted under this section will inure solely to term of the lease, sublease or other grant of use and possession.
the benefit of the lessee or possessor. Likewise, if the property
is sublet or otherwise the use and possession of the property is OAR 150-307-0200
granted to another institution, organization or public body of the Property of Exempt Entities Leased to Other Exempt Entities
kind described in this subsection, the property is exempt if used
by the sublessee or possessor in the manner, if any, required by (1) For purposes of ORS 307.166, a lease or other agreement
law for the exemption of property owned or being purchased by means any written document that communicates the terms and
the sublessee or possessor and any tax savings resulting from the conditions of tenancy. A verbal agreement will not qualify in an
exemption from taxation granted under this section will inure exemption claim.
solely to the benefit of the sublessee or possessor.
(2) Except as provided in subsection (4) of this section, to obtain (2) Public body property which is leased or used by another public
the exemption under this section, the lessee, sublessee or entity in body is exempt from property taxes when the property is used
possession must file a claim for exemption with the county asses- by the lessee for a qualifying exempt purpose on July 1 of the
sor, verified by the oath or affirmation of the president or other assessment year to be exempted. The public body granting pos-
proper officer of the institution or organization, or head official session and use of their property must provide notice of the lease
of the public body or the legally authorized delegate of the head or other agreement to the assessor after entering the agreement. If
official, showing: requested by the assessor, a copy of the lease or other agreement
(a) A complete description of the property for which exemp- must be provided.
tion is claimed.
(b) All facts relating to the ownership or purchase of the (3) When public body property is subsequently leased to another
property. entity other than a public body whose property is exempt from
(c) All facts relating to the use of the property by the lessee, taxation, filing a timely application for a property tax exemption
sublessee or entity in possession. is required.
(d) A true copy of the lease, sublease or other grant of use and
possession covering the property for which exemption is claimed. (4) When property of entities that are not public bodies but whose
(e) Any other information required by the claim form. property is exempt from taxation is leased to a public body, an
(3)(a) The claim required under subsection (2) of this section application for a property tax exemption is also required.
must be filed on or before April 1 preceding the tax year for which
the exemption is claimed, except: (5) When application is required, late filing is permitted. Payment
(A) If the lease, sublease or other grant of use and possession of the late filing fee must be submitted with the application. The
is entered into after March 1 but not later than June 30, the claim late filing fee cannot be excused or waived.
must be filed within 30 days after the date the lease, sublease or
other grant of use and possession is entered into if the exemption Late filing information:
is claimed for the assessment year beginning on the preceding
January 1; or ORS 307.162 provides for late filing as follows:
(B) If a late filing fee is paid in the manner provided in ORS
307.162 (2), the claim may be filed within the time specified in 1. If you are filing before December 31 for the current tax year, the
late filing fee is $200.00 or one-tenth of one percent of the real
ORS 307.162 (2). market value of the property, whichever is greater.
(b) The exemption first applies for the tax year beginning 2. If you are filing before April 1 of the current tax year, for the
July 1 of the year for which the claim is filed. The exemption current tax year only, and you are a first-time filer, have good
continues as long as the ownership and use of the property re- and sufficient cause for filing late, or are a government entity
main unchanged and during the period of the lease, sublease or described in ORS 307.090, the late filing fee is $200.00.
other grant of use and possession. If either the ownership or use 3. If you are filing for the current tax year and up to five prior tax
changes, a new claim must be filed as provided in this section. If years and you are a first-time filer, have good and sufficient
the lease, sublease or other grant of use and possession expires cause for filing late, or are a government entity described in
before July 1 of any year, the exemption terminates as of January ORS 307.090, and are either filing within 60 days of the mail-
1 of the same calendar year. ing date of a notice of additional tax or are filing at any time if
no notice was mailed, then the late filing fee is the greater of
(4)(a) In lieu of filing a claim under subsection (2) of this sec-
$200.00 or one-tenth of one percent of the real market value as
tion, the lessor, sublessor or person granting the use and posses- of the most recent assessment date, multiplied by the number
sion of property that is exempt from taxation under ORS 307.040 of prior years claimed.
150-310-085 (Rev.11-18-21) Page 3 of 3 Form OR-AP-RPPTE-EB
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