Sales and Use Tax Exemption for Electrical Generating Facilities

Electrical generating facilities are exempt from sales and use taxes. The exemption is granted for the purchase of building materials, production equipment, environmental upgrade equipment, and other tangible personal property that is used for constructing or expanding the facility. In order to qualify, the facility must have at least one electrical generation unit with a capacity of at least 100 kilowatts (kW). For wind facilities, the equipment must be purchased between July 2011 and January 2017. For non-wind and non-coal facilities, the facility must sell the electricity it produces or use it on site for a business-related activity. In order to receive the exemption, a request must be made in writing to the Tax Commissioner and must include a description of the equipment, the cost of the equipment and an explanation of how the equipment enables the business to expand its operations. The Tax Commissioner will notify the taxpayer in writing if the project qualifies for an exemption.