Confidentiality of Property Tax Information for Centrally Assessed Companies; Exchange Under Reciprocal Agreements

# (1)

(1) The following information must be held confidential by the department:

(a) Returns filed under ORS 308.290, 308.525, and 308.810;

(b) Appraisals containing information from returns filed under ORS 308.290, 308.525, and 308.810;

(c) Any data or information obtained during an inspection of the subject property or audit of a company subject to the filing requirements of ORS 308.290, 308.525, and 308.810;

(d) Trade secrets as defined in ORS 192.501(2).

# (2)

(2) The following information will not be held confidential by the department:

(a) Information contained in the central assessment roll as defined in ORS 308.560;

(b) Appraisal conclusions developed or derived by the department for a company subject to the filing requirements of ORS 308.290, 308.525, and 308.810, including:

(A) Interstate allocation percentages;

(B) Capitalization rates;

(C) Value indicators;

(D) System values.

# (3)

(3) For the purposes of exchange under reciprocal agreements authorized in ORS 308.290(7), subject to the limitations of section (4) of this rule, "property tax information" includes:

(a) Information contained in annual returns filed under ORS 308.290, 308.525, and 308.810;

(b) Appraisals conducted under ORS 308.290, 308.505 to 308.660, 308.705 to 308.730, and 308.805 to 308.820;

(c) Any information developed by the department in conjunction with such appraisals including, but not limited to, capitalization rates, market and sales studies, and cost and depreciation schedules;

(d) Any data or information obtained during an inspection of the subject property or audit of a company subject to the filing requirements of ORS 308.290, 308.525, and 308.810;

(e) Any other information regarding unitary valuation, allocation, or taxation.

# (4)

(4) For the purposes of exchange under reciprocal agreements "property tax information" does not include:

(a) Trade secrets as defined in ORS 192.501(2);

(b) Information or data restricted by order of a court of competent jurisdiction.

# (5)

(5) Any reciprocal agreement with the federal government or the several states entered into for the purposes of exchange of property tax information must require the reciprocating party to apply the confidentiality standards, limitations, and definitions contained in ORS 192.501, 308.290, 308.413, and this rule to any exchanged Oregon property tax information.

# (6)

(6) Confidential information must not be exchanged under a reciprocal agreement with another state unless the reciprocal agreement meets the standards specified in section (4) of this rule.