NDAC 81-04.1-01-26
Purchases subject to use tax
Cite as N.D. Admin. Code ยง 81-04.1-01-26
When a retailer takes merchandise from stock for personal use or for a gift, the retailer is
responsible for the use tax based on the cost of the merchandise. Retailers purchasing items for
maintenance, advertising, and office use are subject to sales tax and must pay tax on all items for final
use when purchasing them from the supplier. If the retailer fails to pay tax when buying these items, the
retailer must report them on the quarterly sales or use tax return for the filing period in which the items
were purchased.
A purchaser is required to pay any use tax to the seller if the seller holds a North Dakota sales and
use tax permit. If the seller does not hold a permit, the purchaser is required to remit the tax directly to
the tax commissioner.