A. Receipts from leasing construction equipment may be deducted from gross receipts if the construction equipment is leased to a person engaged in the construction business who delivers a nontaxable transaction certificate to the person leasing the construction equipment.
B. The lessee delivering the nontaxable transaction certificate shall only use the construction equipment at the construction location of:
(1) a construction project that is subject to the gross receipts tax upon its completion or upon the completion of the overall construction project of which it is a part;
(2) a construction project that is subject to the gross receipts tax upon the sale in the ordinary course of business of the real property upon which it was constructed; or
(3) a construction project that is located on the tribal territory of an Indian nation, tribe or pueblo.
C. As used in this section, "construction equipment" means equipment used on a construction project, including trash containers, portable toilets, scaffolding and temporary fencing.
History: Laws 2012, ch. 5, § 6.
Effective dates. — Laws 2012, ch. 5, § 8 made Laws 2012, ch. 5, § 6 effective January 1, 2013.
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