North Dakota Administrative Code Title 81 — Tax Commissioner
N.D. Admin. Code § 81-04.1-01-22
Services
Personal and professional services are not subject to sales tax, but materials and supplies used solely in rendering services are subject to sales tax when purchased. Materials and supplies which may be used either in rendering service or sold at retail may be purchased for resale, and sales tax must be collected when these items are sold at retail. The portion of these materials and supplies sold separately to the customer is subject to sales tax and must be included in the sales and use tax report as gross sales. The portion of these materials and supplies used and consumed in rendering service is taxable. The purchase cost must be included as use tax on the sales and use tax return of the person rendering the service. If taxable materials and supplies are purchased from a supplier holding a North Dakota sales and use tax permit, sales tax must be paid to the supplier, but if taxable materials and supplies are purchased from an out-of-state supplier who does not collect North Dakota sales tax, the use tax must be remitted to the tax commissioner by the purchaser. Persons engaged in the business of repairing, altering, restoring, or cleaning of tangible personal property belonging to others must collect sales tax on the itemized charge for tangible personal property used in the repair. Separately stated charges for repair labor are not subject to sales tax. If the charge for tangible personal property used in the repair is not itemized, the repairer must pay sales or use tax on the cost of the repair parts.
Amendment history
History: Effective June 1, 1984; amended effective March 1, 1990; June 1, 2002. General Authority: NDCC 57-39.2-19, 57-40.2-13 Law Implemented: NDCC 57-39.2-01, 57-39.2-02.1, 57-39.2-04, 57-39.2-11, 57-39.2-14, 57-40.2-01, 57-40.2-02.1, 57-40.2-05, 57-40.2-06, 57-40.2-13
Source: view the official PDF
In this article (40 sections)
- 81-04.1-01-04 · Permits
- 81-04.1-01-05 · Direct payment permits
- 81-04.1-01-06 · Sale of business - Permit not transferable
- 81-04.1-01-07 · Change of location
- 81-04.1-01-08 · Deduction for administrative expense
- 81-04.1-01-08.1 · Monthly sales tax returns
- 81-04.1-01-09 · Deposits or prepayments on purchase price of tangible…
- 81-04.1-01-09.1 · Effect of rate changes
- 81-04.1-01-10 · Freight, delivery, and other transportation charges
- 81-04.1-01-11 · Finance or carrying charges
- 81-04.1-01-12 · Processing
- 81-04.1-01-13 · Containers, wrapping materials, cartons, string
- 81-04.1-01-14 · Receipts from sales of taxable materials, supplies, and…
- 81-04.1-01-15 · Certificate of resale
- 81-04.1-01-16 · Casual or occasional sales
- 81-04.1-01-17 · Used or secondhand tangible personal property
- 81-04.1-01-18 · Goods on consignment
- 81-04.1-01-19 · Sale of traded-in property
- 81-04.1-01-20 · Repossessed and returned property
- 81-04.1-01-21 · Articles made to order
- 81-04.1-01-22 · Services
- 81-04.1-01-23 · Manufacturing machinery and equipment
- 81-04.1-01-23.1 · Recyclers
- 81-04.1-01-23.2 · Agricultural commodity processing facility
- 81-04.1-01-23.3 · Computer and telecommunications equipment
- 81-04.1-01-24 · Manufacturer's and retailer's federal excise tax
- 81-04.1-01-25 · Credit sales and bad debts
- 81-04.1-01-26 · Purchases subject to use tax
- 81-04.1-01-27 · Bookkeeping requirements
- 81-04.1-01-27.1 · Recordkeeping a sales and use tax transaction
- 81-04.1-01-28 · Coupons
- 81-04.1-01-29 · Calculation of tax
- 81-04.1-01-30 · Taxing separate articles
- 81-04.1-02-01 · Sales to the state of North Dakota, any subdivisions of…
- 81-04.1-02-02 · Contracts with governments
- 81-04.1-02-03 · Tangible personal property purchases - United States…
- 81-04.1-02-04 · Sales to federal corporations
- 81-04.1-03-01 · Sales to American Indians - Sales on an Indian…
- 81-04.1-03-01.1 · State-tribal tax administration agreement - Effect on…
- 81-04.1-03-02 · Sales by employers to employees