1. (1) Purpose. This rule establishes recordkeeping requirements for taxpayers that apply for or receive certification under these rules.

2. (2) General Retention Requirement. As provided in OAR 123-670-0030(8), a taxpayer must retain all records supporting its application for a minimum of five years from the date of certification. Records subject to this requirement include:

   1. (a) Business records used to calculate average annual covered employment for each measurement period, as described in OAR 123-670-0070(9);
   2. (b) Records supporting the wage threshold determination for each position counted as a net new job, including records of each employee's hourly rate of compensation, county of primary work location, and monthly covered employee counts for the measurement period;
   3. (c) Records supporting the taxpayer's industry eligibility determination under OAR 123-670-0020(1)(a), including the NAICS code used on federal tax filings or Oregon registrations, or documentation supporting a written statement submission under OAR 123-670-0020(1)(a)(B); and
   4. (d) A copy of the application, all attestations, the employment and wage worksheet, and any correspondence with OBDD regarding the application or certification.
3. (3) Records Supporting M&A Adjustments. A taxpayer subject to OAR 123-670-0080 must retain, for the same five-year period, all predecessor business records obtained and used to calculate the adjusted baseline period average annual covered employment, including records identifying the scope of the transaction and the covered employees transferred.
4. (4) Format. Records may be retained in paper or electronic format, provided they are accessible and legible and can be produced in a timely manner upon request.

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