Page 4 of 4150-310-087 (Rev. 02-29-24) Form OR-AP-RPPTE-L
Oregon Revised Statute (ORS) and Oregon Administrative Rule (OAR)
ORS 307.112. (1) Real or personal property of a taxable owner
held under lease, sublease or lease purchase agreement by an
institution, organization or public body, other than the State of
Oregon, or a public university listed in ORS 352.002, granted
exemption or the right to claim exemption for any of its property
under ORS 307.090, 307.130, 307.136, 307.140, 307.145, 307.147
or 307.181 (3), is exempt from taxation if:
(a) The property is used by the lessee or, if the lessee is not in
possession of the property, by the entity in possession of the
property, in the manner, if any, required by law for the exemp-
tion of property owned, leased, subleased or being purchased
by it; and
(b) It is expressly agreed under the terms of the lease, sublease
or lease-purchase agreement that any tax savings resulting from
the exemption granted under this section shall inure solely to
the benet of the institution, organization or public body.
(2) To obtain the exemption under this section, the lessee or, if
the lessee is not in possession of the property, the entity in pos-
session of the property, must le a claim for exemption with
the county assessor, veried by the oath or afrmation of the
president or other proper ofcer of the institution or organiza-
tion, or head ofcial of the public body or legally authorized
delegate, showing:
(a) A complete description of the property for which exemption
is claimed.
(b) If applicable, all facts relating to the use of the property by
the lessee or, if the lessee is not in possession of the property,
by the entity in possession of the property.
(c) A true copy of the lease, sublease or lease-purchase agreement
covering the property for which exemption is claimed.
(d) Any other information required by the claim form.
(3) If the assessor is not satised that the tax savings resulting
from the exemption granted under this section will inure solely
to the benet of the institution, organization or public body,
before the exemption may be granted the lessor must provide
documentary proof, as specied by rule of the Department of
Revenue, that resulting from the exemption will inure solely to
the benet of the institution, organization or public body.
(4)(a) The claim must be led on or before April 1 preceding the
tax year for which the exemption is claimed, except:
(A) If the lease, sublease or lease-purchase agreement is entered
into after March 1 but not later than June 30, the claim must be
led within 30 days after the date the lease, sublease or lease-
purchase agreement is entered into if exemption is claimed for
that year; or
(B) If a late ling fee is paid in the manner provided in ORS
307.162 (2), the claim may be led within the time specied in
ORS 307.162 (2).
(b) The exemption rst applies for the tax year beginning July
1 of the year for which the claim is led.
(5)(a) An exemption granted under this section continues as
long as the use of the property remains unchanged and during
the period of the lease, sublease or lease purchase agreement.
(b) If the use changes, a new claim must be led as provided
in this section.
(c) If the use changes due to sublease of the property or any
portion of the property from the tax exempt entity described in
subsection (1) of this section to another tax exempt entity, the
entity in possession of the property must le a new claim for
exemption as provided in this section.
(d) If the lease, sublease or lease-purchase agreement expires
before July 1 of any year, the exemption termin
ates as of January
1 of the same calendar year.
OAR 150-307-0060
Property Held Under Lease
(1) A new claim must be filed with the county assessor, as
required under ORS 307.112(4), when a new lease, new lease-
purchase agreement, extension of current lease, extension of
current lease-purchase agreement or any modication to the
existing lease or lease-purchase agreement is made.
(2) The new claim must meet all the requirements of ORS
307.112.
(3) Late ling as provided in ORS 307.162(2) is permitted.
(4) The State of Oregon and the United States government are
not permitted to le a claim for exemption under ORS 307.112.
(5) When used in reference to real property or tangible personal
property, a lease is a contract of at least one year by which the
owner of a property grants the rights of possession, use, and
enjoyment of the property to another for a specied period of
time in exchange for payment.
(6) Month-to-month tenancy or a general rental agreement is
not considered the same as a lease for purposes of an exemption
under this statute and will not qualify in an exemption claim.
(7) The assessor must be satised that the tax savings resulting
from the exemption will inure solely to the benet of the lessee.
(8) Sufcient documentary proof must be submitted at the time
of application. Documentary proof to show the property tax
savings is passed on to the lessee includes:
(a) A form prescribed by the department stating that the lessee
and lessor agree that the tax savings resulting from the exemp-
tion will inure solely to the benet of the lessee;
(A) The form must be signed by the lessor and lessee; and
(B) The form must specify how the tax savings inures to the
lessee.
(b) Other documentation the county assessor deems necessary
to prove that the lessee is receiving the full benet of the tax
savings; or
(c) An agreement under the terms of the lease that any tax
savings resulting from the exemption will inure solely to the
benet of the lessee.
(9) Insufcient proof or failure to show the tax savings inures
to the lessee as described above is grounds for denial of the
exemption.
Late ling information:
ORS 307.162 provides for late ling as follows:
1. If you are ling before December 31 for the current tax year,
the late ling fee is $200.00 or one-tenth of one percent of
the real market value of the property, whichever is greater.
2. If you are ling before April 1 of the current tax year, for
the current tax year only, and you are a rst-time ler, have
good and sufcient cause for ling late, or are a government
entity described in ORS 307.090, the late ling fee is $200.00.
3. If you are ling for the current tax year and up to ve prior
tax years and you are a rst-time ler, have good and suf-
cient cause for ling late, or are a government entity de-
scribed in ORS 307.090, and are either ling within 60 days
of the mailing date of a notice of additional tax or are ling
at any time if no notice was mailed, then the late ling fee is
the greater of $200.00 or one-tenth of one percent of the real
market value as of the most recent assessment date, multi-
plied by the number of prior years claimed.