1. (1) Notwithstanding section 39-26-711.5, on and after July 1, 2014, but prior to July 1, 2019, the sale of a new or used aircraft shall be exempt from taxation under the provisions of part 1 and part 2 of this article if:

   1. (a) The aircraft is purchased for use by an on-demand air carrier, regardless of whether the purchaser is a resident of the state;
   2. (b) The aircraft will remain in the state only for the purpose of final assembly, maintenance, modification, or completion;

   3. (c) The aircraft will be removed from the state within the longer of the following periods:

      1. (I) One hundred twenty days after the date of the sale; or
      2. (II) Thirty days after the completion of maintenance, interior refurbishment, paint, or engine work associated with the sale of the aircraft; and
   4. (d) The aircraft will not be in the state more than seventy-three days in any of the three calendar years following the calendar year in which the aircraft is removed from the state pursuant to paragraph (c) of this subsection (1).
2. (2) A purchaser of an aircraft who claims the exemption allowed by this section shall, at the time of purchase and unless the department of revenue determines pursuant to section 39-26-730 (2) that the affidavit can be consolidated with another form or eliminated, provide to the seller an affidavit that the aircraft will be used by an on-demand air carrier and that the purchaser agrees to pay the tax imposed by part 1 or part 2 of this article 26, as applicable, if the purchaser fails to comply with the requirements of subsections (1)(b), (1)(c), and (1)(d) of this section.
3. (3) An aircraft that is hangared or parked overnight shall be considered to be in the state for purposes of this section.

Source: L. 2014: Entire section added, (HB 14-1374), ch. 375, p. 1791, § 1, effective July 1. L. 2016: (1)(c) amended, (HB 16-1119), ch. 50, p. 117, § 2 effective March 23. L. 2022: (2) amended, (HB 22-1039), ch. 54, p. 254, § 5, effective August 10.