ยง209E-11 - State general excise exemptions.
ยง209E-11ย State general exciseexemptions.ย The department shall certify annually to the department oftaxation that any qualified business is exempt from the payment of general excisetaxes on the gross proceeds from an eligible business activity as defined inthis chapter; provided that agricultural businesses other than those engaged inthe production of genetically-engineered agricultural products shall not beexempt from the payment of general excise taxes on the gross proceeds ofagricultural retail sales.ย The gross proceeds received by a contractorlicensed under chapter 444 shall be exempt from the general excise tax forconstruction within an enterprise zone performed for a qualified businesswithin an enterprise zone or a business that has been approved by thedepartment to enroll into the enterprise zone program.ย The exemption shallextend for a period not to exceed seven years; provided that for qualifiedbusinesses engaged in the manufacturing of tangible personal property or theproducing or processing of agricultural products, the exemption shall extendfor a period not to exceed ten years; provided further that if a force majeureevent occurs, then the period of time shall be tolled until the force majeureevent ceases. [L 1986, c 78, pt of ยง1; am L 1989, c 390, ยง6; am L 1996, c 286,ยง3; am L 1997, c 262, ยง4; am L 2000, c 118, ยง4; am L 2002, c 146, ยง3; am L2008, c 143, ยง5; am L 2009, c 174, ยง6]
Attorney General Opinions
ย Qualified businesseslocated in new enterprise zone (EZ) would be eligible for state tax incentivesfor seven-year period set forth in ยง209E-10(a) and this section, although aportion of that seven-year period extended beyond new EZ's five-year sunsetdate.ย Att. Gen. Op. 98-1.