If you’re doing business in North Dakota, understanding the state’s sales tax requirements is crucial for compliance.
This guide breaks down everything you need to know — from when to collect sales tax, to how you can determine tax nexus, and how to calculate the correct amount.
We’ll also introduce a streamlined solution that simplifies sales tax compliance. This will help you stay accurate and up-to-date while allowing you to focus on growing your business.
Collecting North Dakota Sales Tax from Customers
Let’s explore how you can collect North Dakota state sales tax.
Do I Have to Collect North Dakota Sales Tax from Customers?
If your business sells taxable goods or certain services in North Dakota, you’ll need to collect sales and use tax. This also means collecting both state and local sales taxes to stay compliant.
What Creates Sales Tax Nexus in North Dakota?
The following factors can create nexus in North Dakota:
- Physical nexus: Businesses that have a physical presence in North Dakota.
- Economic nexus: A remote seller has economic nexus when their gross sales exceed $100,000 in the previous or current calendar year.
Learn more about sales tax nexus and when you’re required to collect sales tax.
Do I Have to Collect Sales Tax from North Dakota Customers if I Sell on Amazon, Walmart, eBay, or Etsy?
No.
North Dakota has a marketplace facilitator law that requires marketplaces like Etsy or Amazon to collect sales tax on behalf of third-party sellers on their platforms. However, if a marketplace facilitator doesn’t meet the $100,000 threshold, they do not need to register, collect, and remit North Dakota sales tax.
Zamp Tip
If your business has any other type of sales tax nexus in North Dakota, you should collect sales tax on all taxable transactions in the state.
Taxable Products in North Dakota
North Dakota imposes sales tax on most tangible goods and services, but some items, like groceries and certain medicines, are exempt.
Here’s a comprehensive breakdown of taxable items in North Dakota.
Are Groceries Taxable in North Dakota?
No, grocery items, like food and food ingredients, aren’t taxed by the state. However, the exemption doesn’t apply to products like candies, prepared food, or soft drinks.
Is Clothing Taxable in North Dakota?
Yes, clothing is taxable in North Dakota.
Are Digital Products Taxable in North Dakota?
Digital products, like digital audio and books, delivered electronically, are not taxable.
Is Software-as-a-Service (SaaS) Taxable in North Dakota?
No, SaaS is exempt from sales tax in North Dakota.
Are Services Taxable in North Dakota?
Some services, like hospitals and nursing homes, are tax-exempt in the state.
Tax-Exempt Items
A few sales tax-exempt items in North Dakota are:
- Prescription drugs sold under a doctor’s prescription.
- Oxygen and anesthesia gases sold under a doctor’s prescription.
- Commercial fertilizers sold to a farmer, rancher, or vegetable garden grower.
- Agricultural byproducts for use in the manufacture or generation of steam or electricity
How to Register for a North Dakota Retail License
You can register for a retail license online at the North Dakota Taxpayer Access Point (TAP) website.
Learn how to register for a seller’s permit in every US state.
Do I Need a North Dakota Sales Tax License if I’m Only a Wholesaler?
Yes, but wholesalers can use a resale certificate to purchase items for resale without paying North Dakota sales tax.
How to Collect Sales Tax in North Dakota
North Dakota follows a destination-based sales tax system.
This means when selling to a customer in North Dakota, you must apply the sales tax rate based on the customer’s destination — not your business location.
Should You Collect Sales Tax on Shipping Charges in North Dakota?
Yes, North Dakota imposes a sales tax on the gross receipts from the sale of tangible personal property. Delivery charges, such as shipping, are included in gross receipts and are therefore taxable.
Learn more about sales tax on shipping in every state in the United States.
How to File and Pay Sales Tax in North Dakota
There are multiple ways to file and pay sales tax in North Dakota:
- Automated: Let Zamp handle your North Dakota sales tax filing and remittance so you won’t have to deal with sales tax returns ever again.
- Online: Taxpayers can file and pay electronically via the ND TAP website.
Explore how you can file and pay sales tax in other US states.
