North Dakota Century Code — Title 57 (Taxation)

N.D.C.C. § 57-38.6-01

Definitions

As used in this chapter, unless the context otherwise requires:

# 1.

"Agricultural commodity processing facility" means:
a. A facility that through processing involving the employment of knowledge and labor adds value to an agricultural commodity capable of being raised in this state; or b. A livestock feeding, handling, milking, or holding operation that uses as part of its operation a byproduct produced at a biofuels production facility.

# 2.

"Biofuels production facility" means a corporation, limited liability company, partnership, individual, or association in this state:
a. Involved in production of diesel fuel containing at least five percent biodiesel or green diesel as defined in section 57-43.2-01;
b. Involved in the production of corn-based ethanol or cellulose-based ethanol; or c. Involved in a soybean or canola crushing facility.

# 3.

"Director" means the director of the department of commerce division of economic development and finance.

# 4.

"Passthrough entity" has the same meaning as in section 57-38-01.

# 5.

"Qualified business" means a cooperative, corporation, partnership, or limited liability company that:
a. Is incorporated or organized in this state after December 31, 2000, for the primary purpose of being an agricultural commodity processing facility;
b. Has been certified by the insurance commissioner to be in compliance under the securities laws of this state; and c. Has an agricultural commodity processing facility, or intends to locate one, in this state.

# 6.

"Qualified investment" means an investment in cash or an investment of a fee simple interest in real property located in this state. For purposes of this chapter, the definition of real property does not include any personal property that may become a fixture to the real property, as defined by chapter 41-09, which is added to the real property following investment of the real property in the qualified business.

# 7.

"Taxpayer" means an individual, estate, trust, corporation, or passthrough entity.

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