NDAC 81-04.1-04-41.2
Communication equipment
Cite as N.D. Admin. Code ยง 81-04.1-04-41.2
Tangible personal property used to provide a communication service by a communication service
provider, but that is not sold, leased, or rented to a retail customer is taxable. Taxable charges include
downpayments, commission charges, or other service or handling charges applied in conjunction with
the sales, rental, or lease of tangible personal property.
Communication systems sold, leased, or rented to a retail customer may include both material and
equipment that are installed, attached, or affixed to real property and material and equipment that
remains tangible personal property. The material and equipment installed, attached, or affixed to real
property is subject to sales or use tax based on the cost of the material and equipment to the installer.
A communication system that includes material and equipment installed, attached, or affixed to real
property and material and equipment remaining tangible personal property must be separately stated
on the billing. That portion of the billing representing the installation of material and equipment into real
property is subject to sales or use tax based on the cost of the material and equipment and that portion
remaining tangible personal property is subject to sales tax based on the selling price to the final
consumer.
The purchase of telephone directories for distribution to subscribers is not for resale and sales tax
applies at the time of purchase.