North Dakota Sales Tax Guide For Businesses

Last updated: April 2026

Quick Answer:

North Dakota has a base state sales tax rate of 5% with a combined rate ranging from 5–8.5% when local taxes are included. Businesses establish economic nexus in North Dakota when annual sales exceed $100,000, based on Current or Previous Calendar Year. Sales tax returns are due on the Last day of the following month following the close of each filing period.

Quick Highlights on North Dakota Sales Tax

Detail Value
State Sales Tax Rate Range 5–8.5%
Base State Sales Tax Rate 5%
Local Rate Range 0–3.5%
Economic Nexus Sales Threshold $100,000
Reference Period Current or Previous Calendar Year
Registration Deadline Next transaction after threshold is crossed
Revenue Authority North Dakota Office of State Tax Commissioner
Online Filing Portal NDTAP (North Dakota Taxpayer Access Point)

As a business, do I need to collect sales tax in North Dakota?

Businesses are required to collect sales tax in North Dakota if they have a sales tax nexus in the state. This includes having a physical presence or reaching a specific sales level, which establishes an economic nexus. This is why understanding North Dakota state sales tax obligations is crucial for compliance.


Do I have a physical nexus in North Dakota?

A physical nexus in the state of North Dakota is established if your business has a physical presence in the state, like an office, warehouse, or store. Even temporary physical presence, like participating in trade shows or craft fairs, can create a nexus.

In North Dakota, physical nexus is triggered by employees or contractors in any role — including back-office, administrative, and support functions, not just customer-facing roles.


How do I know if I have an economic nexus in North Dakota?

An economic nexus in North Dakota is determined by your sales volume. If your enterprise meets the threshold, you must register for a North Dakota sales tax permit, collect tax on sales shipped to North Dakota, and remit that tax to North Dakota Office of State Tax Commissioner.

In North Dakota, economic nexus is established if your sales in the state exceed $100,000, based on Current or Previous Calendar Year.

Marketplace sales (e.g., Amazon, eBay) are excluded when calculating whether you've exceeded the North Dakota economic nexus threshold.

Sales made for resale are excluded from the nexus threshold calculation for North Dakota.

Non-taxable sales are excluded from the nexus threshold calculation for North Dakota.

Once you cross the threshold, you must register by Next transaction after threshold is crossed.


Which goods are taxable in North Dakota?

In North Dakota, sales tax applies to:

  • Retail sales of tangible personal property
  • Prewritten (canned) computer software on tangible media or downloaded
  • Certain enumerated services including amusement, entertainment, and recreation
  • Lodging and hotel accommodations
  • Telecommunications services
  • Natural gas, electricity, and heating fuel

Most services are not taxable in North Dakota unless specifically enumerated.


What items are exempt from sales tax in North Dakota?

North Dakota exempts the following from sales tax:

  • Food and food ingredients for home consumption (unprepared groceries)
  • Prescription drugs and insulin
  • Agricultural inputs (feed, seed, fertilizer, pesticides)
  • Farm machinery and equipment
  • Manufacturing equipment and supplies
  • Sales to government entities and qualifying nonprofits

Is SaaS taxable in North Dakota?

SaaS accessed remotely online without transferring a tangible copy of the software to the customer is not subject to North Dakota sales tax. Only prewritten software delivered on tangible media or downloaded locally is taxable. SaaS is currently not taxable in North Dakota. However, sales tax laws change frequently — always verify the latest guidance with your tax advisor.


How can a business get a sales tax permit in North Dakota?

To obtain a sales tax permit in North Dakota, businesses need to register with the North Dakota Office of State Tax Commissioner. Registration can be completed online through the NDTAP (North Dakota Taxpayer Access Point).

You will need to provide detailed information about your business, including business type, ownership details, and the nature of your business activities.


When should a business file sales tax in North Dakota?

Sales tax returns in North Dakota are generally due on the Last day of the following month for the previous period. Based on your annual tax liability, you may qualify for a less frequent filing schedule:

  • Quarterly filing: Available if your annual tax liability is below $3,000 (returns due Last day of the month following the end of the quarter)
  • Annual filing: Available if your annual tax liability is below $500 (returns due January 31st of the following year)

Note: North Dakota uses a revenue-only economic nexus threshold with no transaction count requirement. North Dakota is a member of the Streamlined Sales Tax (SST) governing board.

You can file your North Dakota sales tax return through the NDTAP (North Dakota Taxpayer Access Point) at https://apps.nd.gov/tax/tap/.


Does North Dakota offer a timely filing discount?

Yes, North Dakota offers a timely filing benefit for businesses that file and pay on time:

North Dakota provides a vendor's compensation for timely filing and payment:

  • 1.5% of the tax collected, up to a maximum of $110 per month

The compensation is applied automatically when the return is filed and paid by the due date.


What are the penalties for late filing in North Dakota?

North Dakota imposes the following penalties for non-compliance:

  • Late filing/payment penalty: 5% of the unpaid tax per month (or part of a month), up to a maximum of 25%
  • Minimum penalty: $5 per late return
  • Interest: Accrues on unpaid tax from the due date at the statutory rate

Penalties may be waived for first-time violations or reasonable cause.


Is shipping taxable in North Dakota?

In North Dakota, the taxability of shipping and handling depends on how the charge is presented. Generally: • Taxable: If the shipping charges are mandatory or included in the price of a taxable item. • Non-Taxable: If shipping is separately stated on the invoice and provided as an optional service to the customer. Note: If you ship a mix of taxable and non-taxable goods in North Dakota, the shipping charge must usually be prorated to determine the taxable portion. Confirm current rules with North Dakota Office of State Tax Commissioner at https://www.tax.nd.gov/.


Does North Dakota have a Remote Seller program?

North Dakota requires remote sellers who exceed the economic nexus threshold to register, collect, and remit sales tax using standard state rates.

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