§209E-11  State general excise
exemptions.  The department shall certify annually to the department of
taxation that any qualified business is exempt from the payment of general excise
taxes on the gross proceeds from an eligible business activity as defined in
this chapter; provided that agricultural businesses other than those engaged in
the production of genetically-engineered agricultural products shall not be
exempt from the payment of general excise taxes on the gross proceeds of
agricultural retail sales.  The gross proceeds received by a contractor
licensed under chapter 444 shall be exempt from the general excise tax for
construction within an enterprise zone performed for a qualified business
within an enterprise zone or a business that has been approved by the
department to enroll into the enterprise zone program.  The exemption shall
extend for a period not to exceed seven years; provided that for qualified
businesses engaged in the manufacturing of tangible personal property or the
producing or processing of agricultural products, the exemption shall extend
for a period not to exceed ten years; provided further that if a force majeure
event occurs, then the period of time shall be tolled until the force majeure
event ceases. [L 1986, c 78, pt of §1; am L 1989, c 390, §6; am L 1996, c 286,
§3; am L 1997, c 262, §4; am L 2000, c 118, §4; am L 2002, c 146, §3; am L
2008, c 143, §5; am L 2009, c 174, §6]



 



Attorney General Opinions



 



  Qualified businesses
located in new enterprise zone (EZ) would be eligible for state tax incentives
for seven-year period set forth in §209E-10(a) and this section, although a
portion of that seven-year period extended beyond new EZ's five-year sunset
date.  Att. Gen. Op. 98-1.