§ 40-63-04 — Income tax exemptions

1. An individual taxpayer who purchases or rehabilitates single-family residential property
for the individual's primary place of residence as a zone project is exempt from up to
ten thousand dollars of personal income tax liability as determined under section
57-38-30.3 for up to eight taxable years beginning with the date of occupancy or
completion of rehabilitation.
2. A taxpayer that purchases, leases, rehabilitates, or makes leasehold improvements to
residential, public utility infrastructure, or commercial property for any business or
investment purpose as a zone project is exempt from tax on income derived from the
business or investment locations within the zone for up to eight taxable years,
beginning with the date of purchase, lease, or completion of rehabilitation.
a. The maximum amount of income that a taxpayer may exempt from tax under this
subsection for any taxable year is five hundred thousand dollars. The limitation in
this subdivision applies to the sum of the exempt income derived from the
taxpayer's business and investment interests in all zone projects.
b. If a zone project consists of a physical expansion of an existing building owned
and used by the taxpayer for business or investment purposes, the amount of
income exempt from tax under this subsection is limited to an amount equal to
the income derived from the business, or from the investment use of the building,
during the taxable year multiplied by a ratio equal to the square footage added by
the expansion divided by the total square footage of the building after expansion.
3. If the cost of a new business purchase, leasehold improvement, or expansion of an
existing business, approved as a zone project, exceeds seventy-five thousand dollars,
and the business is located in a city with a population of not more than two thousand
five hundred, an individual taxpayer may, in lieu of the exemption provided in

subsection 2, elect to take an income tax exemption of up to two thousand dollars of
individual income tax liability as determined under section 57-38-30.3. The election
must be made on the taxpayer's return as originally and timely filed. The election is
irrevocable and binding for the duration of the exemptions provided in subsection 2 or
this subsection. If an election is not made on the original return, the taxpayer is only
eligible for the exemption provided in subsection 2.
4. If a property owner not participating in a renaissance zone project is required to make
changes in utility services or in a building structure because of changes made to
property that is part of a zone project, the owner of the nonparticipating property is
entitled to state income tax credits equal to the total amount of the investment
necessary to complete the required changes. The credit must be approved by the local
renaissance zone authority. The credit must be claimed in the taxable year in which
the related project was completed. The credit may not exceed the taxpayer's tax
liability, and an unused credit may be carried forward up to five taxable years.
5. The exemptions provided by this section do not eliminate any duty to file a return or to
report income as required under chapter 57-38.