Montana Code 15-24-1401. Definitions
15-24-1401. Definitions. The following definitions apply to 15-24-1402 unless the context requires otherwise:
Terms Used In Montana Code 15-24-1401
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Expansion” means that the industry has added or will add at least $50,000 worth of qualifying improvements or modernized processes to its property within the same jurisdiction either in the first tax year in which the benefits provided for in 15-24-1402 are to be received or in the preceding tax year.
(2)”Industry” includes but is not limited to a firm that:
(a)engages in the mechanical or chemical transformation of materials or substances into products in the manner defined as manufacturing in the North American Industry Classification System Manual prepared by the United States office of management and budget;
(b)engages in the extraction or harvesting of minerals, ore, or forestry products;
(c)engages in the processing of Montana raw materials such as minerals, ore, agricultural products, and forestry products;
(d)engages in the transportation, warehousing, or distribution of commercial products or materials if 50% or more of the industry’s gross sales or receipts are earned from outside the state;
(e)earns 50% or more of its annual gross income from out-of-state sales;
(f)engages in the production of electrical energy in an amount of 1 megawatt or more by means of an alternative renewable energy source as defined in 15-6-225;
(g)operates a qualified data center or dedicated communications infrastructure classified under 15-6-162; or
(h)operates a green hydrogen facility, green hydrogen pipeline, or green hydrogen storage system as defined in 15-6-163.
(3)”New” means that the firm is new to the jurisdiction approving the resolution provided for in 15-24-1402(2) and has invested or will invest at least $125,000 worth of qualifying improvements or modernized processes in the jurisdiction either in the first tax year in which the benefits provided for in 15-24-1402 are to be received or in the preceding tax year.
(4)”Qualifying” means meeting all the terms, conditions, and requirements for a reduction in taxable value under 15-24-1402 and this section.