57-40.2-03.3. Use tax on contractors (Effective through June 30, 2029)

57-40.2-03.3. Use tax on contractors. (Effective through June 30, 2029)

1. When a contractor or subcontractor uses tangible personal property in the

performance of that person's contract, or to fulfill contract or subcontract obligations,

whether the title to the property be in the contractor, subcontractor, contractee,

subcontractee, or any other person, or whether the titleholder of the property would be

subject to pay the sales or use tax, the contractor or subcontractor shall pay a use tax

at the rate prescribed by section 57-40.2-02.1 measured by the purchase price or fair

market value of such property, whichever is greater, unless the property has been

previously subjected to a sales tax or use tax by this state, and the tax due has been

paid. This section does not apply to a contractor or subcontractor that does not enter a

contract for the purchase of the tangible personal property.

2. The provisions of this chapter pertaining to the administration of the tax imposed by

section 57-40.2-02.1, not in conflict with the provisions of this section, govern the

administration of the tax levied by this section.

3. The tax imposed by this section does not apply to:

a. Production equipment or tangible personal property as authorized or approved for

exemption by the tax commissioner under section 57-39.2-04.2;

b. Machinery, equipment, or other tangible personal property used to construct an

agricultural commodity processing facility as authorized or approved for

exemption by the tax commissioner under section 57-39.2-04.3 or 57-39.2-04.4;

c. Tangible personal property used to construct or expand a system used to

compress, process, gather, 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 as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.5;

d. Tangible personal property used to construct or expand a qualifying oil refinery as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.6;

e. Tangible personal property used to construct or expand a qualifying facility as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.10;

f. Tangible personal property used to construct or expand a qualifying facility as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.11;

g. Materials used in compressing, gathering, collecting, storing, transporting, or

injecting carbon dioxide for use in enhanced recovery of oil or natural gas as

provided in section 57-39.2-04.14;

h. Tangible personal property used to construct a qualifying fertilizer or chemical

processing facility as authorized or approved for exemption by the tax

commissioner under section 57-39.2-04.15; or

i. Tangible personal property used to construct a qualified straddle plant, a qualified

fractionator, or qualified associated infrastructure as authorized or approved for

exemption by the tax commissioner under section 57-39.2-04.16.

j. Tangible personal property as authorized or approved for exemption by the

tax commissioner as provided in section 57-39.2-04.21.

k. Tangible personal property as authorized or approved for exemption by the

tax commissioner as provided in section 57-39.2-04.20.

l. Raw materials, single-use product contact systems, and reagents used for

biologic manufacturing as authorized or approved for exemption by the

tax commissioner under section 57-39.2-04.19.

Use tax on contractors. (Effective after June 30, 2029)

1. When a contractor or subcontractor uses tangible personal property in the

performance of that person's contract, or to fulfill contract or subcontract obligations,

whether the title to the property be in the contractor, subcontractor, contractee,

subcontractee, or any other person, or whether the titleholder of the property would be

.

Use tax on contractors. (Effective after June 30, 2029)

1. When a contractor or subcontractor uses tangible personal property in the

performance of that person's contract, or to fulfill contract or subcontract obligations,

whether the title to the property be in the contractor, subcontractor, contractee,

subcontractee, or any other person, or whether the titleholder of the property would be

subject to pay the sales or use tax, the contractor or subcontractor shall pay a use tax

at the rate prescribed by section 57-40.2-02.1 measured by the purchase price or fair

market value of such property, whichever is greater, unless the property has been

previously subjected to a sales tax or use tax by this state, and the tax due has been

paid. This section does not apply to a contractor or subcontractor that does not enter a

contract for the purchase of the tangible personal property.

2. The provisions of this chapter pertaining to the administration of the tax imposed by

section 57-40.2-02.1, not in conflict with the provisions of this section, govern the

administration of the tax levied by this section.

3. The tax imposed by this section does not apply to:

a. Production equipment or tangible personal property as authorized or approved for

exemption by the tax commissioner under section 57-39.2-04.2;

b. Machinery, equipment, or other tangible personal property used to construct an

agricultural commodity processing facility as authorized or approved for

exemption by the tax commissioner under section 57-39.2-04.3 or 57-39.2-04.4;

c. Tangible personal property used to construct or expand a system used to

compress, process, gather, 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 as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.5;

d. Tangible personal property used to construct or expand a qualifying oil refinery as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.6;

e. Tangible personal property used to construct or expand a qualifying facility as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.10;

f. Tangible personal property used to construct or expand a qualifying facility as

authorized or approved for exemption by the tax commissioner under section

57-39.2-04.11;

g. Materials used in compressing, gathering, collecting, storing, transporting, or

injecting carbon dioxide for use in enhanced recovery of oil or natural gas as

provided in section 57-39.2-04.14;

h. Tangible personal property used to construct a qualifying fertilizer or chemical

processing facility as authorized or approved for exemption by the tax

commissioner under section 57-39.2-04.15; or

i. Tangible personal property used to construct a qualified straddle plant, a qualified

fractionator, or qualified associated infrastructure as authorized or approved for

exemption by the tax commissioner under section 57-39.2-04.16.

j. Tangible personal property as authorized or approved for exemption by the

tax commissioner as provided in section 57-39.2-04.21.

k. Tangible personal property as authorized or approved for exemption by the

tax commissioner as provided in section 57-39.2-04.20.