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42.19.1222    APPLICATION FOR SPECIAL CLASSIFICATION

(1) A person or business desiring to have property classified as new industry property shall make written application for such classification to the department on or before January 1 of the year for which the classification is sought. The application is to contain a clear and concise statement of the facts that entitle the applicant's property to receive classification as new industrial property.

(2) The application shall contain as a minimum the following information:

(a) the exact name of each applicant;

(b) the date of incorporation, organization, or formation of the applicant and the name of the state or other jurisdiction under the laws of which the applicant was incorporated, organized, or formed unless the applicants are individuals, and if the applicants are individuals then the current address of each such individual;

(c) if a foreign corporation, the date upon which qualified with the Secretary of State OF MONTANA;

(d) the principal place of business and principal business address of the applicant and the principal place of business and business address of the contemplated new industry endeavor;

(e) the name of each county in which the new industry is located or to be located;

(f) a complete list of all properties (perspective properties) of the applicant within the state OF MONTANA for which application is made, giving the legal description of all real property and describing with certainty the personal property and the location thereof, including the original cost and date of acquisition of personal property;

(g) a detailed description of the industrial activities or operation contemplated by the applicant;

(h) a complete list of the officers, directors, trustees, stockholders, investors, partners, managers, or others having control of, investment in, or substantial interests in the new industrial endeavor, together with the current address of each such person, firm, or corporation;

(i) the name and address of each person, firm, or corporation from which the applicant has or intends to acquire property for use in its qualifying operation and for which application is made or for which the application if granted will afford classification as new industry property;

(j) an exact description of the nature of the business (prospective business) , economic, or industry operations or activities conducted by the applicant, related persons or business units, or any controlling officers, directors, incorporators, partners, shareholders, investors, or any predecessor thereof;

(k) the date upon which it is contemplated that the operations of the new industry undertaking of the applicant, for which application is made, will commence.

(l) applicants qualifying for new industry classification pursuant to 15-6-135 , MCA, shall include as part of the application:

(i) copies of existing financial statements, income statements and sales information showing where sales occur and where receipts are earned by state if completed for any fiscal period which covers any portion of the assessment year for which the new industry classification is sought;

(ii) a certification by the chief financial officer for the applicant that it is anticipated the applicant will meet the requirements of 15-6-135 , MCA, during the assessment year for which classification as new industry is sought;

(iii) certification by the chief financial officer that the applicant will provide copies of financial statements, income statements and sales information showing where sales occur and where income and receipts are earned by state as soon as they are completed at the close of the applicant's fiscal year for any fiscal year which covers any portion of the assessment year for which classification as new industry is sought;

(iv) a certification by the chief financial officer that if the applicant does not meet the requirements of 15-6-135 , MCA, the applicant will pay the taxes which would have been due without the new industry classification (plus interest) .

(3) The department may at any time call for such other or supplementary information or matter as it considers necessary.

(4) In addition, all applicants shall attach to the application and as an exhibit thereto, the following:

(a) a current assessment sheet on the form prescribed and used by the county appraisal/assessment office in each county in which such property is located or to be located, showing all of the properties in that county which are the subject of such application;

(b) a statement that the applicant will immediately furnish to the department and each affected county appraisal/assessment office a detailed written report of any change of a material nature in either its operations or the extent or nature of its properties at any time during the three-year special classification period, should such classification be granted, or any other information or matter the department shall, in writing, request.

(5) The application is to be signed by each applicant or in the case of a business entity, by a principal officer.

History: 15-1-201, MCA; IMP, 15-6-135, 15-6-192, 15-24-1401, 15-24-1402, MCA; NEW, 1980 MAR p. 1088, Eff. 3/28/80; AMD, 1991 MAR p. 2638, Eff. 12/27/91; AMD, 1992 MAR p. 2559, Eff. 11/26/92; AMD, 1996 MAR p. 3220, Eff. 12/20/96; AMD, 1997 MAR p. 2297, Eff. 12/16/97; AMD, 2004 MAR p. 490, Eff. 2/27/04; AMD, 2006 MAR p. 3102, Eff. 12/22/06.

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