Starting a Business in North Dakota Checklist

Check business name availability with the North Dakota Secretary of State

Do a name search here: https://apps.nd.gov/sc/busnsrch/busnSearch.htmYou can also contact the Secretary of State by mail, fax, phone, or email to check the availability of your business name.

North Dakota Secretary of State

Business Division
Secretary of State
600 E. Boulevard Ave. Dept. 108
Bismarck ND 58505-0500
P: 701-328-4284
F: 701-328-2992
sosbir@nd.gov

File paperwork to form your legal business

You can file by mail, fax, or in person. It will cost $100 to file Articles of Incorporation or $135 to file Articles of Organization for an LLC. The Secretary of State will take about a month to process your articles. There is no expedited filing option.

If you’d rather have someone else do your filing for you, you can incorporate in North Dakota with Northwest Registered Agent.

Business Division

Business Division
Secretary of State
600 E. Boulevard Ave. Dept. 108
Bismarck ND 58505-0500
P: 701-328-4284
F: 701-328-2992

Register with the Office of the State Tax Commissioner

Register with the state for sales tax and income tax withholding.Sales Tax:State sales tax is 5%. You will need a sales tax permit if your business makes retail sales. The sales tax permit application is available on the tax website. The signed application can be mailed, faxed or E-mailed. You may also apply online https://apps.nd.gov/tax/sales/webfile/login.htm

Individual Income Tax:

If taxable income is less than $36,250, tax is 1.22% of taxable income.
If taxable income is over $36,250 but not over $87,850, tax is $442.25 plus 227% of amount over $36,250.
If taxable income is over $87,850, but not over $183,250, tax is $1613.57 plus 2.52% of amount over $183,250.
If taxable income is over $183,250, but not over $398,350, tax is $4017.65 plus 2.93% of amount over $398,350.
If taxable income is over $398,350, tax is 10,320.08 plus 3.22% of the amount over $398,350

Corporate Income Tax:

If taxable income is less than $25,000, tax is 1.48% of taxable income.
If taxable income is over $25,000, but not over $50000, tax is $370 plus 3.73% of the amount over $25,000.
If taxable income is over $50,000, tax is $1302.50 plus 4.53% of the amount over $50,000.

Income Tax Withholding:

Employers have to register for income tax withholding. An employer is required to withhold North Dakota income tax from wages paid to an employee if the employee performs services within North Dakota. https://apps.nd.gov/tax/withholding/webfile/login.htm

Office of St Tax Commissioner

Office of State Tax Commissioner
600 E Boulevard Ave., Dept 127
Bismarck ND 58505-0599
P: (701) 328-7088
F: (701)328-3700
For sales tax permits:
F: (701) 328-0332
taxregistration@nd.gov

Get a business license

There is no general state business license but you may need a business license based on your occupation. The secretary of state licenses contractors and charities. The Attorney General issues alcohol, gaming and other licenses.Any other registration requirements?You should also check with your local government to see if you need a city or county license or other permits.

City of Fargo

Not all businesses need a city license. There is a list of activities that require a license on the city’s website. You can download the application online and submit it to the City Auditors Office.

City of Bismarck

Businesses don’t need a city license but you will still need to check with the city to see what types of permits your business requires.

Local License Info

City of Fargo

City Auditors Office
200 North 3rd Street
PO Box 2083
Fargo, ND 58107-2083
P: (701) 241-1304
F: (701) 476-4188
https://www.cityoffargo.com/Business/Licensing/City of Bismarck

City of Bismarck

221 N. 5th Street
P.O. Box 5503
Bismarck, ND 58506-5503
P: (701) 355-1300
F: (701) 222-6470
http://www.bismarck.org/

Collect and Charge Sales Tax

Do I need to collect North Dakota sales tax?

You will need a sales tax permit if your business makes retail sales in North Dakota.

What is the North Dakota sales tax rate?

North Dakota sales tax is 5%.

How do I register for North Dakota sales tax?

The sales tax permit application is available on the North Dakota tax website. The signed application form can be mailed, faxed or E-mailed. You may also apply online https://apps.nd.gov/tax/sales/webfile/login.htm

How much does a sales tax permit cost?

There is no fee, though some businesses may have to pay a bond before the Office of the Tax Commissioner will issue a sales tax permit.

Office of State Tax Commissioner

Office of State Tax Commissioner
Business Registration
600 E Boulevard Ave., Dept. 127
Bismarck, ND 58505-0599
P: (701) 328-1241
F: (701) 328-0332
taxregistration@nd.gov

www.nd.gov/tax