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<br />PROPERTY TAX GUIDELINE <br /> <br />"-d,f,' <br />\f:.. ._<~ <br />~>. <br />'-.t(f!-' <br />/<--' ""<(-.,,-"'.' <br />,A' '- <br /> <br /> <br />Office of State Tax Commissioner <br />State Capitol, 600 E. Boulevard Avenue <br />Bismarck, North Dakota 58505-0599 <br /> <br />July 1999 <br /> <br />Property Tax Incentives for New or Expanding Businesses <br />North Dakota Century Code ch. 40-57.1 <br /> <br />North Dakota Century Code ch. 40-57.1, first enacted in 1969, provides incentives in the form of property tax <br />exemptions, payments in lieu of taxes, or a combination of both to a qualifying business. The incentives are <br />granted, at the discretion of the city or county in which the property is located, to any new or expanded revenue- <br />producing project. <br /> <br />Definitions <br />1. Commencement of construction means the <br />building or erecting of any improvements other <br />than site preparation or excavation. <br /> <br />2. Commencement of project operation means "the <br />date the plant actually goes into its planned <br />operations. To use the example..., if a <br />manufacturing plant actually begins <br />manufacturing of its products in December, 1970, <br />that would be the date of commencement of <br />project operations. The Act does not purport to <br />authorize granting of tax exemptions for the time <br />of construction of plants. " 1969 N.D. OP. Att'y <br />Gen. 415. <br /> <br />3. Local Development Corporation means a profit <br />or nonprofit corporation incorporated in this state <br />for the purpose of furthering the economic <br />development of a specified community or area. <br /> <br />4. Municipality means a city or a county. <br /> <br />5. Project means any new revenue-producing <br />business or an expansion to an existing business. <br /> <br />6. Project operator means the individual, <br />partnership, limited liability company (LLC), <br />corporation, or association that owns or operates <br />the project. <br /> <br />7. Structure means any property where a business <br />is conducted. The structure might be an entire <br />building, if occupied by one business, or <br />individual quarters within a larger building. <br /> <br />What Qualifies <br />8. New and existing buildings, structures, and <br />improvements owned or leased by a qualifying <br />project may receive property tax incentives. <br /> <br />9. New buildings, structures, and improvements <br />constructed and owned by a local development <br />corporation may receive a partial or complete <br />exemption from ad valorem taxation while <br />unoccupied. Once occupied, the exemption <br />continues until the next assessment date following <br />the first occupancy. A qualifying project which <br />locates in a building owned by a local <br />development corporation qualifies for the <br />property tax incentives, provided application is <br />made and granted prior to occupancy. <br /> <br />AUowahle Incentives <br />10. A qualifying project may receive a complete or <br />partial exemption from ad valorem taxation on <br />structures used in or necessary to the operation <br />of a project for up to five years following the <br />commencement of project operations. <br /> <br />11. The exemption period begins with the assessment <br />date immediately following the date of <br />commencement of project operations. <br /> <br />12. Projects that produce or manufacture a product <br />from agricultural commodities may receive a <br />complete or partial property tax exemption on <br />structures for up to ten years. <br />