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North Dakota sales tax notices

Got a letter from the North Dakota Office of State Tax Commissioner? Find it below to see what it means, why businesses usually receive it, and what to do next.

Sources checked

Disagree with a notice?

To contest a Notice of Determination, file a signed Notice of Protest with the Tax Commissioner. It must give your name, address, ID and sales tax permit number, the tax type and periods, and the amount under protest. An oral protest counts only if made within the 30 days and confirmed in writing. You then have up to 90 days to file a written Statement of Grounds explaining your objections. If either filing is late, the determination becomes final. The sales tax chapter also allows an appeal to district court within 30 days after notice of the determination.

Deadline: Notice of Protest within 30 days after the notice of determination (90 days if outside the United States); Statement of Grounds within 90 days

Source: North Dakota Office of State Tax Commissioner (opens in a new tab)

Balance due

A bill for tax, penalty, or interest the authority says is unpaid.

Balance due

Statement of Tax Due

A statement of the past-due amount on your account, broken out by tax period into tax, penalty and interest. It also shows credits and payments applied.

Why you got it

  • Tax on a filed return or assessment was not paid in full
  • It is sent before collection starts, and again from time to time until the debt is paid

What to do

  1. Check the periods and amounts against your records, and file any returns that are still missing.
  2. Pay the tax through ND TAP, by card or with a payment voucher. If you cannot pay in full, contact Collections at 701-328-1244 or collectionstax@nd.gov to ask for a payment plan.
  3. If the delay was excusable, ask the Tax Commissioner to waive the penalty and interest, ideally before paying them. The law lets the Commissioner waive all or part, and refund them if already paid.

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Source: Letters Relating to Unpaid Taxes | North Dakota Office of State Tax Commissioner (opens in a new tab)

Assessment

A proposed or final determination of tax owed, sometimes estimated when returns were never filed.

Assessment

Notice of Determination

A notice that the Tax Commissioner has determined you owe additional sales or use tax. It follows an audit, a return that was wrong or incomplete, or a missing return.

Why you got it

  • An audit found additional tax, penalty or interest due
  • A return was not filed, so the Commissioner estimated the tax from available information
  • A filed return was incorrect or insufficient

What to do

  1. Review the determination with the auditor or the contact listed on the notice, and check it against your records.
  2. If you disagree, file a signed Notice of Protest within 30 days (90 days if outside the United States), then a Statement of Grounds within 90 days.
  3. If you agree with the tax, pay it online, by card or with a payment voucher, or ask for a payment plan.
  4. Before paying the penalty and interest, ask for a waiver. North Dakota's rules allow all or part to be waived for good cause, such as cooperating during the audit and a history of correct filing, and say waivers may be granted at any time before payment.

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Response window: 30 days to file a notice of protest (90 days if outside the United States)

Source: N.D. Admin. Code ch. 81-01.1-01 General Provisions (81-01.1-01-06 Protest of notice of determination) (opens in a new tab)

Registration

Changes to your permit or account: required registration, filing-frequency changes, revocation, or closure.

Registration

Notice of sales and use tax permit revocation hearing

A notice of the time and place of a hearing where you must show why your sales and use tax permit should not be revoked.

Why you got it

  • You are delinquent in reporting sales
  • You did not comply with the sales tax law or rules
  • You filed returns showing no tax due for four consecutive quarters

What to do

  1. Before the hearing, file all delinquent returns and pay the tax you owe, or contact Collections at 701-328-1244 about a payment plan.
  2. Attend the hearing to explain your situation.
  3. If the permit is revoked, you will have to pay a fee to get it reissued. The fee is $50, or $5 if it was revoked for four quarters of no-tax-due returns.

Response window: Hearing is held after at least 10 days' notice

Source: North Dakota Century Code Chapter 57-39.2 Sales Tax (57-39.2-14 Permits) (opens in a new tab)

Collections

Enforcement on unpaid balances, such as liens, levies, warrants, or referral to a collection agency.

Collections

Collection Letter

A letter saying your unpaid debt has been assigned to the Collections Section. It explains how to pay and what may happen if you do not.

Why you got it

  • Earlier Statements of Tax Due were not paid

What to do

  1. Follow the payment instructions in the letter, or contact Collections at 701-328-1244 or collectionstax@nd.gov to set up a payment plan if you cannot pay in full.
  2. Act quickly. Next steps can include a tax lien, referral to the Treasury Offset Program, or referral to the Legal Division.
  3. If the delay was excusable, you can still ask the Tax Commissioner to waive the penalty and interest.

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Source: Letters Relating to Unpaid Taxes | North Dakota Office of State Tax Commissioner (opens in a new tab)

Collections

Notice of State Tax Lien

A letter telling you a tax lien has been filed against your real and personal property. A lien is public record, may affect your credit score, and can stop the property from being sold until the tax is paid.

Why you got it

  • Sales and use tax, penalty or interest was not paid after earlier notices

What to do

  1. Pay the debt in full, or contact Collections at 701-328-1244 to discuss a payment plan.
  2. Once the lien is paid off, keep the Satisfaction of State Tax Lien letter as proof.

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Source: Letters Relating to Unpaid Taxes | North Dakota Office of State Tax Commissioner (opens in a new tab)

Ask for penalty relief

Penalties on a North Dakota notice aren't always final. You can ask for them to be waived. Follow the steps below, including anything the state requires you to file or pay before it reviews the request.

Waiver of penalty and interest

  1. File any missing returns and pay the tax due, or ask Collections for a payment plan, to stop more penalty and interest from building up
  2. Ask the Office of State Tax Commissioner to waive the penalty and interest, explaining why the delay was excusable
  3. Make the request before paying the penalty and interest where you can. The rules say waivers may be granted at any time before payment, and the statute also allows a refund if they were already paid

What qualifies: The statute allows a waiver if the Commissioner is satisfied the delay was excusable. The rules define good cause as being cooperative during the audit and having a history of correct filing. Detrimental reliance on a written opinion from a division director or section supervisor supports waiving all of the penalty and two-thirds of the interest.

Interest: Interest can be waived: N.D.C.C. 57-39.2-18 lets the Commissioner waive, and if paid refund, all or part of the penalty and interest. Interest is also waived pro rata if the Commissioner misses certain audit and protest deadlines (N.D. Admin. Code 81-01.1-01-09).

Source: N.D.C.C. chapter 57-39.2 (Sales Tax), § 57-39.2-18(1)(b)(4) – waiver of penalty and interest (opens in a new tab)

Before you respond

  • Check the date on the notice. Response windows usually run from that date, not the day you open it.
  • Match the account number and filing period to your own records before paying or disputing.
  • If returns are missing, filing the actual returns usually replaces an estimated bill. Confirm how on the notice or with the authority.
  • Ask about penalty relief before paying penalties, and check what must be paid with the request. See how
  • Keep a copy of the notice and everything you send back.

This page is general information, not tax or legal advice. Notice names and procedures change, so always follow the instructions on your notice and the official sources linked above.

Need the rates, nexus thresholds and filing rules? Read the North Dakota sales tax guide.

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