NDAC 81-04.1-01-22
Services
Cite as N.D. Admin. Code ยง 81-04.1-01-22
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.