NDAC 81-05.1-01-04
Leasing and rental companies
Cite as N.D. Admin. Code ยง 81-05.1-01-04
Leasing companies are responsible for payment of the motor vehicle excise tax to the motor
vehicle division when titling vehicles for leasing purposes. The application of tax is as follows:
1.
All motor vehicles leased for a period of one year or more and having an actual vehicle weight
of ten thousand pounds [4535.92 kilograms] or less are subject to motor vehicle excise tax, at
the time the owner of the vehicle titles the motor vehicle for use in this state, based on the
total consideration of the lease at the time the lease is initiated. The motor vehicle excise tax
will apply when additional charges are made after the inception of the lease, and may include
excess mileage charges, excess wear charges, damage or repair charges, lease cancellation
charges, option to renew charges, and end-of-the-lease payments. The subsequent purchase
or buyout of a qualifying lease vehicle by the lessee will result in the payment of motor vehicle
excise tax by the lessee on the purchase or buyout amount when titled or licensing the motor
vehicle in this state.
Tax will apply to an end-of-the-lease payment if it is determined the lessee owes an additional
charge based on the difference between the market value and the estimated residual value of
the vehicle. No refund of tax is provided to the owner or lessee when the market value is
greater than the estimated residual value.
2.
All other motor vehicles placed into lease service will be subject to motor vehicle excise tax
based on the purchase price of the vehicle at the time of titling or licensing the vehicle in this
state. The subsequent purchase or buyout of the leased vehicle by the lessee will result in the
payment of motor vehicle excise tax by the lessee on the purchase or buyout amount when
titling or licensing the motor vehicle in this state unless the vehicle has been in continuous
possession of the lessee for a period of one year or more.
Rental companies are responsible for payment of the motor vehicle excise tax to the motor
vehicle division when titling vehicles for rental purposes.
When a dealer occasionally rents a vehicle on a daily basis and has not paid motor vehicle
excise tax on the vehicle, such as one held for resale, the dealer is required to collect and
remit sales tax at the current rate based on the daily rental charges.