Oregon Statutes - Chapter 308 - Assessment of Property for Taxation - Section 308.640 - Assessment and taxation of personal property of small private railcar companies; apportionment to counties.

(1) When the Department of Revenue assesses a private railcar company with personal property that does not exceed $1 million in real market value, the department shall determine the assessed value thereof by multiplying the real market value of the company’s personal property by the average ratio of assessed value to real market value of all properties of private railcar companies with personal property with a real market value exceeding $1 million, as computed and determined by the department for the current year.

(2) The department shall determine the tax to be imposed on private railcar companies with personal property that does not exceed $1 million in real market value as follows:

(a) Taxes to be credited to the county school funds shall be calculated by applying to the assessed value of the property the average school tax rate in the state for the immediately prior tax year, applying to the assessed values of private railcar companies with personal property, the real market value of which exceeds $1 million, as compiled and determined by the department for the year.

(b) Taxes to be credited to the county general funds shall be calculated by applying to the assessed value thereof the average non-school tax rate in the state for the immediately prior tax year, applying to the assessed values of private railcar companies with personal property, the real market value of which exceeds $1 million, as compiled and determined by the department for the year.

(c) The taxes determined under this subsection shall not be imposed in an amount that exceeds the limits established in ORS 310.150 for any year.

(3) The Department of Revenue hereby is empowered to charge, levy and collect the tax so determined on the personal property of any such company having a taxable situs in this state. Each tax so charged and levied shall constitute a lien as of July 1 of the tax year on all the personal property of the company within this state and shall be payable in the same manner, at the same due dates and with the same rates of discount or interest provided by law in respect to taxes on personal property payable in the several counties. In collecting such taxes, the Department of Revenue may pursue any or all of the rights, remedies or processes provided by law for the collection of delinquent taxes on personal property and, in connection therewith, the department shall have, in any county, the power and authority of the sheriff and tax collector thereof.

(4) Moneys collected by the department under this section shall be apportioned to each county in the proportion that the portion of the assessed value of cars of private railcar companies with personal property, the real market value of which exceeds $1 million, and that is attributable to the county bears to the total assessed value of cars of private railcar companies with personal property, the real market value of which exceeds $1 million. Moneys so distributed to each county treasurer shall be credited to the county school fund and general fund of the county as directed by the department.

(5) Real property of such companies shall be apportioned to the several counties according to the situs thereof. [Amended by 1955 c.208 §1; 1959 c.109 §3; 1963 c.238 §1; 1969 c.102 §1; 1977 c.884 §9; 1991 c.459 §156; 1997 c.154 §2; 1999 c.223 §4]

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Last modified: August 7, 2008