New facilities refund or delay in payment -- Commencement of project

64:01:01:29. New facilities refund or delay in payment --
Commencement of project. For purposes of qualifying for a refund or delay in payment of tax under SDCL chapter 10-45 , chapter 10-45B, chapter 10-46C, or SDCL 49-34A-80 to 49-34A-92, inclusive, commencement of the project means:

# (1)

The first date earth is excavated for the purposes of constructing a project in the case of new construction or the expansion of an existing building or structure;

# (2)

The beginning of modification or preparation of an existing facility for installation of production equipment; or (3) The delivery of production equipment to the purchaser if prior preparation is not required.

Last amended: Source: 18 SDR 3, effective July 14, 1991; 21 SDR 219, effective July 1, 1995; 28 SDR 69, effective November 21, 2001; 28 SDR 178, effective July 1, 2002; 30 SDR 40, effective September 29, 2003; 31 SDR 214, effective July 6, 2005. General Authority: SDCL 10-45-47.1(3) , 10-45-103 , 10-45B-12 , 10-46-35.1(3) , 10-46C-8(3) , 49-34A-92. Law Implemented: SDCL 10-45-103 , 10-45B-6 , 10-46C-6 , 49-34A-80 , 49-34A-81 , 49-34A-86.

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