1. (1) Overview. OBDD shall review all timely and complete applications submitted under OAR 123-670-0030 in accordance with this rule. OBDD will issue certifications after the close of the application period.
2. (2) Application Tracking Number. Upon acceptance of a complete application, OBDD will assign a unique application tracking number to the application.
3. (3) Review of Applications. Following the close of the application period, OBDD will review all timely and complete applications for compliance with eligibility and application requirements.

4. (4) Denial of Applications. OBDD shall deny an application if:

   1. (a) The taxpayer does not meet the eligibility requirements of OAR 123-670-0020;
   2. (b) The application does not comply with the requirements of OAR 123-670-0030, notwithstanding passage of automated completeness screening;
   3. (c) The taxpayer's written statement submission under OAR 123-670-0040 is denied; or
   4. (d) The application contains a material misrepresentation or inaccuracy that affects the eligibility determination.

5. (5) Certification Notice. Following calculation of any proportionate reduction under OAR 123-670-0060, OBDD shall issue a written certification notice to each approved applicant no later than January 15 of the year following the calendar year in which the application was submitted, except as provided in section (9) of this rule. The certification notice shall constitute the written certification of eligibility required under Oregon Laws 2026, chapter 142, section 12 (SB 1507), as amended by Oregon Laws 2026, chapter 50, section 16 (HB 4084) and shall include:

   1. (a) The taxpayer's legal name and application tracking number;
   2. (b) The tax year for which the credit is certified;
   3. (c) The number of net new jobs certified;
   4. (d) The certified credit amount, reflecting any proportionate reduction applied under OAR 123-670-0060; and
   5. (e) A statement that the certified credit amount is the maximum amount the taxpayer may claim on its Oregon tax return for the applicable tax year, subject to the taxpayer's actual tax liability and applicable carryforward provisions.
   6. (f) If the certified taxpayer is a corporation included in an Oregon consolidated return, the certification notice shall identify the anticipated filer corporation of the consolidated group to which the certified credit is to be reported, consistent with the information provided in the application under OAR 123-670-0030(5)(a) and OAR 123-670-0015. If the certified taxpayer is a partnership or S corporation, the certification notice shall identify the partners or shareholders to whom the credit is to be passed through and the amount allocated to each, consistent with the information provided in the application under OAR 123-670-0030(5)(a) and OAR 123-670-0015.
6. (6) Downward Corrections. If a taxpayer notifies OBDD of a downward correction pursuant to OAR 123-670-0030(7) after a certification notice has been issued, OBDD shall issue a revised certification notice reflecting the corrected amount.
7. (7) Extension for Circumstances Outside OBDD's Control. The deadline in section (5) of this rule may be extended if circumstances outside OBDD's control prevent timely issuance of certification notices. OBDD shall notify affected applicants of any extension and the anticipated revised timeline as soon as practicable. OBDD shall make reasonable efforts to minimize any delay and to complete the certification process as soon as possible following resolution of the circumstances causing the delay.

Statutory/Other Authority

ORS 285A.075

Statutes/Other Implemented

Oregon Laws 2026, Chapter 142 & Oregon Laws 2026, Chapter 50

History

OBDD 9-2026, temporary adopt filed 06/02/2026, effective 06/05/2026 through 12/01/2026