North Dakota Code 57-39.2-04.20 – Sales and use tax exemption for materials used in construction, expansion, or environmental upgrade of a renewable feedstock refinery
1. As used in this section:
Terms Used In North Dakota Code 57-39.2-04.20
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. “Environmental upgrade” means an investment of more than one hundred thousand dollars in machinery, equipment, and related facilities for reducing emissions, increasing efficiency, or enhancing reliability of the equipment at a new or existing renewable feedstock refinery.
b. “Renewable feedstock” means “renewable biomass” as defined in 40 C.F.R. § part section 80.1401.
c. “Renewable feedstock refinery” means a facility in this state which creates gasoline, jet fuel, or other transportation fuels by refining renewable feedstock through deoxygenation and has a nameplate capacity of processing of no fewer than five thousand barrels of renewable feedstock per day, and all adjacent units that are used in the processing of renewable feedstock.
2. Gross receipts from sales of tangible personal property used in constructing, expanding, or making an environmental upgrade to a renewable feedstock refinery are exempt from taxes under this chapter.
3. The exemption may be received only at the time of purchase. To receive the exemption, the owner of the renewable feedstock refinery must receive a certificate from the tax commissioner indicating the tangible personal property used to construct, expand, or make environmental upgrades to a renewable feedstock refinery that the owner intends to purchase qualifies for the exemption under this section.
4. This chapter and chapter 57-40.2 apply to an exemption under this section.