North Dakota § 57-39.2-04.5 Sales and use tax exemption for materials used in compressing, processing, gathering, collecting, or refining of gas

North Dakota Statutes

§ 57-39.2-04.5 — Sales and use tax exemption for materials used in compressing, processing, gathering, collecting, or refining of gas

North Dakota § 57-39.2-04.5

Title 57Taxation

Ch. 57-39.2Sales Tax

This text of North Dakota § 57-39.2-04.5 (Sales and use tax exemption for materials used in compressing, processing, gathering, collecting, or refining of gas) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 57-39.2-04.5 (2026).

Text

processing, gathering, collecting, or refining of gas.

1.Gross receipts from sales of tangible personal property used to construct or expand a system used to compress, process, gather, collect, or refine gas recovered from an oil or gas well in this state or used to expand or build a gas processing facility in this state are exempt from taxes under this chapter. To be exempt, the tangible personal property must be incorporated into a system used to compress, process, gather, collect, or refine gas. Tangible personal property used to replace an existing system to compress, process, gather, collect, or refine gas does not qualify for exemption under this section unless the replacement creates an expansion of the system.

2.To receive the exemption under this section at the time of purchase,

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processing, gathering, collecting, or refining of gas.
1. Gross receipts from sales of tangible personal property used to construct or expand a
system used to compress, process, gather, collect, or refine gas recovered from an oil
or gas well in this state or used to expand or build a gas processing facility in this state
are exempt from taxes under this chapter. To be exempt, the tangible personal
property must be incorporated into a system used to compress, process, gather,
collect, or refine gas. Tangible personal property used to replace an existing system to
compress, process, gather, collect, or refine gas does not qualify for exemption under
this section unless the replacement creates an expansion of the system.
2. To receive the exemption under this section at the time of purchase, the owner of the
gas compressing, processing, gathering, collecting, or refining system must receive
from the tax commissioner a certificate that the tangible personal property used to
construct or expand a system used to compress, process, gather, collect, or refine gas
recovered from an oil or gas well in this state or used to expand or build a gas
processing facility in this state which the owner intends to purchase qualifies for
exemption. If a certificate is not received before the purchase, the owner shall pay the
applicable tax imposed by this chapter and apply to the tax commissioner for a refund.
3. If the tangible personal property is purchased or installed by a contractor subject to the
tax imposed by this chapter, the owner of the gas compressing, processing, gathering,
collecting, or refining system may apply to the tax commissioner for a refund of the
difference between the amount remitted by the contractor and the exemption imposed
or allowed by this section. Application for a refund must be made at the times and in
the manner directed by the tax commissioner and must include sufficient information to
permit the tax commissioner to verify the sales and use taxes paid and the exempt
status of the sale or use.
4. For purposes of this section, a gas collecting system means a collection system
described in subdivision d of subsection 2 of section 38-08-06.4.