LD 1379
pg. 3
Page 2 of 6 PUBLIC Law Chapter 646 Page 4 of 6
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LR 1948
Item 1

 
A.__"Primarily" means more than 50% of the time during the
period that begins on the date on which the property is first
placed in service by the purchaser and ends 2 years from that
date or at the time the property is sold, destroyed or
otherwise permanently removed from service by the purchaser,
whichever occurs first.

 
B.__"Qualified community wind power generator" has the
meaning given to it in section 5219-AA.

 
2. Reimbursement allowed. A reimbursement is allowed as
provided in this section for a tax paid pursuant to this Part
with respect to the sale or use of tangible personal property
that is physically incorporated in and becomes a permanent part
of real property that is owned by or sold to a qualified
community wind power generator and that is used directly and
primarily by the qualified community wind power generator.

 
3. Claim for reimbursement. Claims under this section for
reimbursement of taxes are controlled by this subsection.

 
A. A claim for reimbursement under this section must be
filed by the contractor or subcontractor with the State Tax
Assessor within 3 years from the date on which the tangible
personal property was incorporated into real property. The
reimbursement claim must be submitted on a form prescribed
by the assessor and must be accompanied by a statement from
a qualified community wind power generator certifying, under
penalties of perjury, that the personal property with
respect to which the tax was paid by the claimant has been
placed in use directly and primarily by the qualified
community wind power generator. All records pertaining to
such certification and to the transactions in question must
be retained for at least 6 years by the contractor or
subcontractor, by the qualified community wind power
generator and by the person, if any, that sold the real
property in question to that business. The reimbursement
claim must be accompanied by such additional information as
the assessor may require. If a sales or use tax is included
in the contractor's or subcontractor's contract price, the
contractor or subcontractor shall file, at the request of
the qualified community wind power generator, a claim for
reimbursement in accordance with this section and pay the
reimbursement to the qualified community wind power
generator.

 
B. If, by agreement between the contractor or subcontractor and
the qualified community wind power generator, the contractor or
subcontractor assigns its right to claim and


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