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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7426
Experience:  15years with H & R Block. Divisional leader, Instructor
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We are a 501c3 organization registered as a church. We are

Customer Question

We are a 501c3 organization registered as a church. We are currently discussing moving into a larger space, which has another business in part of the building that is not a 501c3. The building is owned by the other business. We have been tax exempt on the property taxes for the facility we currently occupy, and are wondering if we would still be able to be property tax exempt if we share a facility with a non exempt business there.
Thanks.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D :

Hello and thank you for using Just Answer,
Unfortunately according to Oregon 307.140 this arrangement would not be under the property tax relief for religious organizations for the new building because the church would not be purchasing.

Robin D :

As long as your other property stays with the statute for it's function, no property tax would be owed.

Robin D :

Upon compliance with ORS 307.162 (Claiming exemption), the following property owned or being purchased by religious organizations shall be exempt from taxation:

(1)All houses of public worship and other additional buildings and property used solely for administration, education, literary, benevolent, charitable, entertainment and recreational purposes by religious organizations, the lots on which they are situated, and the pews, slips and furniture therein. However, any part of any house of public worship or other additional buildings or property which is kept or used as a store or shop or for any purpose other than those stated in this section shall be assessed and taxed the same as other taxable property.

(2)Parking lots used for parking or any other use as long as that parking or other use is permitted without charge for no fewer than 355 days during the tax year.

(3)Land and the buildings thereon held or used solely for cemetery or crematory purposes, including any buildings solely used to store machinery or equipment used exclusively for maintenance of such lands. [Amended by 1955 c.258 §1; 1959 c.207 §2; 1973 c.397 §1; 1974 c.52 §2; 1987 c.756 §3; 1993 c.655 §5]

Robin D :

If the old building was used for administration or any of the others listed in 1 above it would remain protected.

Customer :

We do not own the building we currently use. We lease it, which provides the owner exemption from property taxes. We are however the only occupants. I was just not sure if that would be possible if only one of the two occupants is a non-profit.

Robin D :

The part that was not used for the church would not be allowed under the property tax exemption.

Robin D :

The lease agreements would be separate and the exemption for the use under a nonprofit statute would still apply for the portion the church leased.

Robin D :

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Robin D :

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Expert:  Robin D. replied 1 year ago.
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