§ 57-39.2-04.6 — Sales and use tax exemption for materials used in construction or expansion of an oil refinery

North Dakota § 57-39.2-04.6

• Jurisdiction: North Dakota
• Title 57: Taxation
• Ch. 57-39.2: Sales Tax

Text

expansion of an oil refinery.
1. Gross receipts from sales of tangible personal property used in expanding or
constructing an oil refinery that has a nameplate capacity of processing at least five
thousand barrels of oil per day in this state are exempt from taxes under this chapter.
2. To receive the exemption at the time of purchase, the owner of the oil refinery must
receive from the tax commissioner a certificate that the tangible personal property
used to construct or expand an oil refinery qualifying under this section which the
owner intends to purchase qualifies for the 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 oil refinery may apply for a refund of the
difference between the amount remitted by the contractor and the exemption imposed
or allowed under 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. This chapter and chapter 57-40.2 apply to the exemption under this section.