North Dakota Administrative Code Title 81 — Tax Commissioner
N.D. Admin. Code § 81-04.1-04-11
Auctions - Auctioneers, agents, and public auctions
Every auctioneer or agent acting for an unknown or undisclosed principal, entrusted with the possession of any bill of lading, customhouse, or warehouseman's receipt for delivery of any tangible personal property for the purpose of sale, is the owner. Upon the sale of such property, the individual is required to file a return and pay sales tax. This rule applies to lienholders, such as storagemen, pawnbrokers, mechanics, and artisans. Auctioneers are retailers if they conduct a sale at which tangible personal property owned by any other retailer is sold. Sales of property submitted to the auction by nonretailers are casual sales and are not subject to sales or use tax. Sales of goods not taxable as a casual sale are taxable if made through consignment auctions or multiparty auctions unless the principals and their specific consigned property are disclosed on all promotional material. Casual sales of consigned goods not part of any promotional material are exempt from tax if a verbal disclosure of the owner is made at the time of the sale, and if the auction is not promoted as a consignment sale. Community sales and auction houses are retail establishments, the gross receipts of which are subject to sales tax. If the auctioneer is employed by the operator of a public auction, the operator is liable for the payment of sales tax. A public auction held to dispose of tangible personal property of an individual is a casual sale, the receipts of which are not taxable.
Amendment history
History: Effective June 1, 1984; amended effective November 1, 1987. General Authority: NDCC 57-39.2-19 Law Implemented: NDCC 57-39.2-01, 57-39.2-02.1, 57-39.2-03.3, 57-39.2-04
Source: view the official PDF
In this article (40 sections)
- 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
- 81-04.1-04-09 · Amusement - Tickets and admissions to places of…
- 81-04.1-04-10 · Vending machines
- 81-04.1-04-10.1 · Amusement - Coin-operated amusement devices
- 81-04.1-04-11 · Auctions - Auctioneers, agents, and public auctions
- 81-04.1-04-12 · Auctions - Foreclosure sales
- 81-04.1-04-13 · Automobiles - Sales
- 81-04.1-04-14 · Automobiles - Tire and tube repairing
- 81-04.1-04-15 · Automobiles - Washing, waxing, and lubrication
- 81-04.1-04-16 · Banks - Federal and state credit unions
- 81-04.1-04-17 · Banks - Purchases and sales by national banks, state…
- 81-04.1-04-18 · Banks - Sales by loan or finance companies
- 81-04.1-04-19 · Blacksmith and machine shops
- 81-04.1-04-20 · Contractors
- 81-04.1-04-20.1 · Highway contractor's tax
- 81-04.1-04-21 · Florists and nurserymen
- 81-04.1-04-22 · Funeral homes - Memorial stones
- 81-04.1-04-23 · Health - Drugstores, druggists, and pharmacists
- 81-04.1-04-24 · Health - Hospitals and infirmaries
- 81-04.1-04-25 · Health - Physicians
- 81-04.1-04-26 · Hotel, restaurant, and lodging
- 81-04.1-04-27 · Laundries and drycleaners
- 81-04.1-04-28 · Military - Army or navy personnel and veterans
- 81-04.1-04-29 · Minerals - Coal