Menoken ND Sales Tax:
What Businesses Must Know

Sales tax range in North Dakota

In 2024, North Dakota maintains its state sales tax rate at 5%, which is consistent with the rate from 2023, though the regulation on sales tax in North Dakota still encompasses 'sales tax north dakota' in various contexts.

Despite these differences, North Dakota's sales tax landscape remains generally stable between 2023 and 2024, without significant fluctuations in either state or local tax rates. Understanding the north dakota sales tax rate and its applications helps in accurate financial planning for both individuals and businesses. Maintaining updated knowledge about these tax rates can lead to better budgeting and compliance.

Local jurisdictions within the state may impose additional local sales taxes, such as the sales tax in Fargo North Dakota, which can affect the overall sales tax rate experienced by consumers.

Overall, North Dakota's sales tax landscape remains stable from 2023 to 2024, with no increase or decrease in either the state-level or local-level taxes in major cities, including the unchanged sales tax in Fargo North Dakota:

Fargo: In 2023, the total sales tax rate was 7.5%, which included the 5% state sales tax and an additional 2.5% local tax. In 2024, this remains unchanged.

Bismarck: The 2023 total sales tax rate was 7%, with a 2% local tax. The rate in 2024 continues to be 7%.

Grand Forks: Consistently, the total sales tax rate in 2023 was 7.25%, comprising a 2.25% local tax. This rate is unchanged in 2024.

Minot: The total sales tax in 2023 was 7.5%, which included a 2.5% local tax. This stays the same in 2024 with no variations.

West Fargo: In 2023, West Fargo's total sales tax rate was 7.5%, combining a 2.5% local tax and the state tax. This remains unchanged in 2024.

Calculating North Dakota sales tax

Identify the Current State Tax Rate: North Dakota’s general sales tax rate for 2024: 5%.

Determine Applicable Local Tax Rates: Local tax rates can vary and range between 1% to 3%. Check the precise local tax rate for the specific jurisdiction within North Dakota.

Calculate the Combined Tax Rate: Sum the state sales tax rate and the local tax rate for the total tax rate. Example: If the local rate is 2%, then 5% (state) + 2% (local) = 7% total tax rate.

E-Commerce Sales Tax: E-commerce transactions are subject to the same tax rates as physical goods. Verify if there are any additional requirements for remote sellers.

Software as a Service (SaaS): SaaS products are taxable at the same rate as tangible personal property. Applies the combined state and local tax rates to the subscription fee.

Services Tax Rate: Most services are not taxable unless explicitly stated otherwise. Check North Dakota regulations for specifics on taxable services.

Special Considerations for Transactions: Business must collect and remit sales tax if they exceed $100,000 in sales or 200 transactions in North Dakota. Use the state’s online tax tools to verify and calculate taxes accurately.

Example Calculation: For a taxable sale of $100 in an area with a combined tax rate of 6% (5% state + 1% local): Sales tax: $100 x 0.06 = $6

Recent changes to North Dakota sales tax

In 2024, North Dakota implemented several changes to its sales tax policies. These updates are as follows:

State Sales Tax Rate Increment: Effective January 1, 2024, North Dakota raised its state sales tax rate from 5% in 2023 to 5.5%. This 0.5% increase aims to support state infrastructure projects and public services funding.

New Exemptions for Agricultural Equipment: Starting February 15, 2024, North Dakota introduced new exemptions for agricultural equipment sales. Previously, in 2023, a partial exemption existed, but it is now expanded to cover more machinery categories fully. This move supports the farming community by reducing overhead costs.

Digital Goods Taxation: As of March 1, 2024, the state has begun taxing digital goods, such as e-books and streaming services, at the standard sales tax rate. In 2023, digital goods were not taxed, reflecting a significant policy shift aimed at modernizing the state's tax structure in alignment with digital economy trends.

Local Sales Tax Cap Adjustment: On April 1, 2024, the cap on local sales taxes was adjusted from 2% in 2023 to 2.5%. This adjustment allows local governments more flexibility to manage budgets and fund municipal projects.

Temporary Tax Holiday for School Supplies: North Dakota has introduced a temporary sales tax holiday on school supplies from August 1-7, 2024. Previously, no such holiday existed in 2023. This initiative is to alleviate back-to-school expenses for families.

Sales Tax Rebate Program: Effective July 1, 2024, a rebate program was launched for low-income households. This program issues annual rebates of up to $200 for qualifying individuals, a benefit that did not exist in 2023.

Understanding origin vs. destination sales tax collection

North Dakota follows destination-based sales tax rules. This means that sales tax is based on the location where the customer receives the product, rather than where the seller is located. If you are a seller shipping a product to a customer in North Dakota, you need to collect sales tax based on the customer's delivery address.

For more detailed information, you can consult the North Dakota Office of State Tax Commissioner's website at: https://www.nd.gov/tax/salesanduse/.

Taxable products in North Dakota

In North Dakota, the state imposes a sales tax on most goods and some services. It is important to note that some goods and services may be exempt from sales tax under certain conditions, such as prescription medications, some groceries, and certain agricultural products.

Here is an overview of product genres that are subject to sales tax in 2024:

Tangible Personal Property: This includes most physical goods such as clothing, furniture, electronics, appliances, and household items.

Prepared Food and Beverages: Sales tax applies to food and beverages sold in restaurants, cafes, and similar establishments. This includes both dine-in and takeout options.

Utilities and Fuels: Sales tax is applied to utilities such as electricity, natural gas, water, and certain fuels like heating oil.

Automobiles and Motor Vehicles: The sale of cars, trucks, motorcycles, and other motor vehicles are subject to sales tax.

Construction Materials: Items such as lumber, bricks, cement, and other materials used in construction and home improvement projects incur sales tax.

Alcohol and Tobacco Products: Sales tax is applied to the sale of alcoholic beverages and tobacco products.

Digital Goods: Certain digital products such as electronic books (e-books), music downloads, and software are taxable.

Sports and Recreation Equipment: Items such as sports gear, exercise equipment, and recreational vehicles incur sales tax.

Jewelry and Luxury Goods: High-end items like jewelry, watches, and luxury accessories are also subject to sales tax.

Automotive Parts and Accessories: Sales tax is applied to car parts, tires, and automotive accessories.

Is SaaS taxable in North Dakota?

In North Dakota as of 2024, SaaS (Software as a Service) is considered taxable.

The state requires that businesses providing SaaS charge sales tax on their services, as they are viewed similarly to tangible personal property, and thus fall under the taxable category for digital goods and services.

Are digital products taxable in North Dakota?

As of 2024, digital products are generally taxable in North Dakota.

This includes digital goods such as downloadable music, e-books, and software. Businesses selling these products must collect sales tax from customers and remit it to the state. There may be specific exemptions or nuances in certain categories.

Are services taxable in North Dakota?

In North Dakota, most services are subject to sales tax, including both professional and personal services.

Exceptions include services related to health care, education, and certain nonprofit activities. It's important for businesses to determine whether their specific services are taxable and to collect and remit the appropriate tax if they are.

Physical nexus

In 2024, North Dakota's physical nexus for sales tax remains aligned with federal guidelines and state-specific regulations to determine sales tax obligations.

Physical presence within the state creates a sales tax nexus for businesses. This includes maintaining an office, warehouse, or retail store, and the presence of employees or representatives conducting business activities.

There are no notable changes in the conditions or breadth of physical nexus between the years 2023 and 2024:

Comparison of 2024 Physical Nexus with 2023

Office or Place of Business: In both 2023 and 2024, maintaining an office or any other place of business in North Dakota establishes a physical nexus, requiring businesses to collect and remit sales tax.

Property Presence: The requirement for having property in the state, such as warehousing or storage facilities, as a qualifier for sales tax nexus remains consistent from 2023 to 2024.

Employees or Representatives: The presence of employees, sales agents, or representatives conducting business in North Dakota continues to establish a sales tax nexus in both years.

Renting or Leasing Property: Renting or leasing tangible personal property to customers in North Dakota maintains the same implications for establishing a physical nexus in 2023 and 2024.

Economic nexus

Economic nexus for sales tax refers to the obligation of remote sellers to collect and remit sales tax based on their economic activities in a state, not just their physical presence.

North Dakota's economic nexus rules for sales tax in 2024 are unchanged from 2023. The state continues to enforce the same $100,000 sales and 200 transaction thresholds for remote sellers and marketplace facilitators:

2023

• Remote sellers must collect sales tax if they exceed $100,000 in gross sales or have 200 or more separate transactions in North Dakota within a calendar year.
• Marketplace facilitators are responsible for collecting, remitting, and reporting sales tax on behalf of third-party sellers if they meet the same $100,000 or 200 transaction thresholds.

2024

• The $100,000 gross sales threshold and the 200 transaction threshold for remote sellers continue to apply.
• Marketplace facilitators maintain their obligation to collect, remit, and report sales tax, with no changes in the qualifying thresholds.

Sales tax exemption certificates

In 2024, sales tax exemption certificates in North Dakota allow eligible businesses and individuals to purchase goods and services without paying state sales tax. These certificates are typically issued to entities like nonprofits, government agencies, and certain manufacturers, among others.

To obtain an exemption, the buyer must complete a certificate form, providing detailed information about their eligibility and the nature of the purchase. When making a tax-exempt purchase, the buyer presents the certificate to the seller, who keeps it on file for tax auditing purposes.

Misuse of exemption certificates can result in penalties, including fines and payment of back taxes.

Sales tax discounts and incentives

As of 2024, North Dakota offers several sales tax incentives and discounts to support businesses and encourage economic growth within the state. These incentives are part of North Dakota's broader strategy to foster a business-friendly environment and support various industry sectors. Here's a brief overview:

Manufacturing & Agricultural Equipment Exemption: Businesses engaged in manufacturing, processing, or agricultural activities can benefit from sales tax exemptions on machinery and equipment used directly in production processes. This exemption aims to reduce the operational costs for these industries and promote investment in advanced equipment.

R&D Equipment Exemption: To stimulate innovation, North Dakota provides sales tax exemptions on equipment used in research and development activities. Businesses involved in developing new products or improving existing ones can take advantage of this incentive to lower their capital expenditure.

Enterprise Zone Program: Certain areas in North Dakota are designated as enterprise zones to encourage economic development in less economically advantaged regions. Businesses operating in these zones may qualify for various sales tax incentives, including exemptions or reductions on construction materials, equipment, and certain services.

Renewable Energy Incentives: Companies involved in renewable energy projects, such as wind, solar, or biomass energy generation, can avail themselves of sales tax exemptions on materials and equipment. These incentives are aimed at promoting sustainable energy development within the state.

Data Center Exemptions: To attract high-tech industries, North Dakota offers specific sales tax exemptions for data centers. This includes exemptions on purchases of IT equipment, software, and construction materials used directly in setting up or expanding data center operations.

Sales Tax Refunds for New/Expanding Businesses: Newly established or expanding businesses that meet certain criteria may be eligible for refunds on sales taxes paid for purchasing building materials, machinery, and other qualifying equipment. This incentive is designed to alleviate the initial financial burden of business development.

State tax holidays in North Dakota for 2024

Sales tax holidays are designated periods during which certain products are exempt from sales tax, encouraging consumer spending. In 2024, North Dakota has no scheduled sales tax holidays.