Guidelines for Exempt Port Property Subject to In Lieu Tax

# (1)

(1) Definitions: Port property subject to in lieu of payments means property, excepting the dock area, that is leased to a taxable owner and used for discharging, loading or handling of cargo from ships, or for the temporary storage of cargo that is directly incidental to transshipment.

(a) "Discharging, loading, or handling of cargo from ships" is limited to activities during which no change in the cargo can occur while it is being discharged, loaded, or handled.

(b) "Temporary storage of cargo" means storage of cargo temporarily resting in place and awaiting further movement or shipment to another location.

# (2)

(2) Property Subject to In Lieu of Payment:

(a) Certain properties exempt under ORS 307.120 are subject to one quarter of one percent (.0025) payments in lieu of taxes to schools. Properties subject to the in lieu of payments are those leased, rented or preferentially assigned on January 1, and used for storage of cargo directly incidental to transshipment.

(b) Dock area properties used for the berthing of ships, barges or other watercraft, (except floating homes as defined in ORS 830.700), or the discharging, loading or handling of cargo are exempt and are not subject to the payments in lieu of taxes to schools.

(c) A property not leased, rented or preferentially assigned on January 1, will not be subject to the in lieu of payment for the tax year for which the January 1, assessment date applies.