North Dakota Administrative Code Title 81 — Tax Commissioner
N.D. Admin. Code § 81-04.1-03-04
Sales in interstate commerce
When tangible personal property is sold by a North Dakota retailer for use or consumption and delivered to the purchaser in another state and the goods are not to be returned to this state, the sale is not subject to sales tax. However, where the seller actually delivers possession of the goods to the buyer or the buyer's representative or agent within this state, the transaction is then terminated, and the tax applies. If a shipping company takes possession of goods on behalf of a purchaser, the purchaser has not taken possession of the goods. Tangible personal property sold by a North Dakota retailer is not subject to sales tax if it is shipped from the source of supply in another state to the purchaser at a point outside this state or delivered to the purchaser at the source of supply outside the state. If the property is brought into this state, it is subject to use tax. Sales of tangible personal property made within this state by salesmen, representatives, agents, persons, or firms residing outside this state and delivered in this state are subject to tax.
Amendment history
History: Effective June 1, 1984; amended effective July 1, 2016. General Authority: NDCC 57-39.2-19 Law Implemented: NDCC 57-39.2-01, 57-39.2-02.1, 57-39.2-03.2, 57-39.2-04, 57-39.2-10, 57-39.4-12, 57-40.2-01, 57-40.2-03.3
Source: view the official PDF
In this article (40 sections)
- 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
- 81-04.1-03-03 · Food and food products for human consumption
- 81-04.1-03-04 · Sales in interstate commerce
- 81-04.1-03-05 · Sales of legal tender coins, currency, and precious…
- 81-04.1-03-06 · Meal tickets and gift certificates
- 81-04.1-03-07 · Sales to owners or operators of a building
- 81-04.1-03-08 · Sales by trustees, receivers, executors, and…
- 81-04.1-03-09 · Sales of microfiche
- 81-04.1-03-10 · Mailing lists
- 81-04.1-03-11 · Computers - Hardware and software
- 81-04.1-03-12 · Sales by political parties and political committees
- 81-04.1-03-13 · Sales to a person from Montana
- 81-04.1-03-14 · Sales to residents of Canada
- 81-04.1-04-01 · Agriculture - Commercial chemicals and seeds for…
- 81-04.1-04-02 · Agriculture - Farm machinery and irrigation equipment -…
- 81-04.1-04-03 · Agriculture - Livestock and poultry feeds
- 81-04.1-04-04 · Amusement - Admission receipts - Public school districts
- 81-04.1-04-05 · Amusement - Fair operators and concessionaires
- 81-04.1-04-06 · Amusement - Games of chance
- 81-04.1-04-07 · Amusement - Materials purchased by religious,…
- 81-04.1-04-07.1 · Educational, religious, or charitable sales activities
- 81-04.1-04-08 · Amusement - Skating rinks