(1) Except as provided in subsection (4) of this section, whenever property that has been specially assessed as historic property under ORS 358.480 to 358.545 is disqualified for special assessment as provided in ORS 358.515, there shall be added to the tax extended against the property on the next general property tax roll, to be collected and distributed in the same manner as the remainder of the ad valorem property taxes: (a) Additional taxes equal to the difference, as of January 1 of the assessment year in which the property was disqualified for special assessment, between the taxes assessed against the property and the taxes that would have been assessed against the property had the property not been specially assessed as historic property under ORS 358.480 to 358.545, for each of the property tax years for which the historic property was actually specially assessed; (b) An amount equal to the sum of the interest, as computed under ORS 311.505, on each years additional taxes, from December 15 of the first property tax year for which additional taxes are being added to July 1 of the property tax year of disqualification; and (c) A penalty in the amount of 15 percent of the amount computed under paragraph (a) of this subsection. (2) Whenever property that has been specially assessed as historic property is disqualified for the special assessment and the notice required under ORS 358.515 (2) has not been given, the county assessor shall: (a) Determine the date on which the notice should have been given; (b) Notify the owner of the failure to give notice and the date of delinquency; and (c) Notwithstanding ORS 311.235, add to the tax extended against the property on the next general property tax roll, to be collected and distributed in the same manner as the remainder of the ad valorem property taxes, in full payment of all taxes and penalties accruing from the disqualification, the sum of the following: (A) Additional taxes equal to the difference between the taxes assessed against the historic property and the taxes that would have been assessed against the property had the property not been specially assessed as historic property, for each of the property tax years for which the historic property was actually specially assessed; (B) An amount equal to the sum of the interest, as computed under ORS 311.505, on each years additional taxes, from December 15 of the first property tax year for which additional taxes are being added to July 1 of the property tax year of disqualification; and (C) A penalty in the amount of 15 percent of the amount computed under subparagraph (A) of this paragraph. (3) For property disqualified under ORS 358.515 (1)(e) to (k), the county assessor shall notify the owner of the property by mail, return receipt requested, of the disqualification before adding any additional amount imposed under subsection (1) or (2) of this section to the tax extended against the property on the next general property tax roll. (4) Additional taxes, interest and penalties may not be imposed under subsection (1) or (2) of this section in the case of property disqualified under: (a) ORS 358.515 (1)(a), (b) or (c); or (b) ORS 358.515 (1)(d) if the written notice is accompanied by proof that the owner has complied with the expenditure commitment under the preservation plan as required under ORS 358.487 (2)(a). (5) The amount determined to be due under subsection (1) or (2) of this section may be paid to the tax collector prior to the completion of the next general property tax roll, pursuant to ORS 311.370. (6) Additional taxes collected under this section shall be deemed to have been imposed in the property tax year to which the additional taxes relate. Note: The amendments to 358.525 by section 10, chapter 209, Oregon Laws 2025, apply to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See section 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358.480 to 358.545 filed before September 26, 2025, for property tax years beginning before July 1, 2026, is set forth for the users convenience. 358.525. (1) Except as provided in subsection (4) of this section, whenever property that has received special assessment as historic property under ORS 358.480 to 358.545 becomes disqualified for assessment as provided in ORS 358.515, there is added to the tax extended against the property on the next general property tax roll, to be collected and distributed in the same manner as the remainder of real property tax: (a) Additional taxes equal to the difference between the taxes assessed against the property and the taxes that would otherwise have been assessed against the property for each of the last 10 years (or a lesser number of years corresponding to the years of assessment as historic property applicable to the property) as of January 1 of the assessment year for which the property was disqualified for special assessment; (b) An amount equal to the sum of the interest on each years additional taxes computed under ORS 311.505 from November 15 of the tax year for which back taxes are being added to July 1 of the tax year of disqualification; and (c) A penalty in the amount of 15 percent of the amount computed under paragraph (a) of this subsection. (2) Whenever property that has received special assessment as historic property under ORS 358.505 becomes disqualified for assessment and the notice required by ORS 358.515 (2) is not given, the assessor shall determine the date that the notice should have been given, shall notify the owner thereof and, notwithstanding ORS 311.235, there shall be added to the tax extended against the property on the next general property tax roll, to be collected and distributed in the same manner as the remainder of the real property tax, in full payment of all taxes and penalties accruing from the disqualification, the sum of the following: (a) Additional taxes equal to the difference between the total amount of taxes that would have been due on the property for each year, not to exceed the last 10 years, in which special assessment under ORS 358.505 was in effect for the property (even though erroneously) and the taxes that would have been due had special assessment not been in effect; (b) An amount equal to the sum of the interest on each years additional taxes computed under ORS 311.505 from November 15 of the tax year for which additional taxes are being added to July 1 of the tax year of disqualification; and (c) An additional penalty of 15 percent of the amount in paragraph (a) of this subsection. (3) Prior to adding to the tax extended against the property on the next general property tax roll any additional amount imposed by subsection (1) or (2) of this section, in the case of disqualification pursuant to ORS 358.515 (1)(f) to (k), the assessor shall notify the owner of the property by mail, return receipt requested, of the disqualification. (4) Additional tax or penalty may not be imposed under subsection (1) or (2) of this section in the case of property disqualified pursuant to: (a) ORS 358.515 (1)(a), (b), (c) or (d); or (b) ORS 358.515 (1)(e) if the written notice is accompanied by proof that the owner has complied with the expenditure commitment under the preservation plan as described in ORS 358.487 (2)(a). (5) The amount determined to be due under subsection (1) or (2) of this section may be paid to the tax collector prior to the completion of the next general property tax roll, pursuant to ORS 311.370. (6) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. Note: See second note under 358.475.
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