N.D. Cent. Code § 57-39.5-06
57-39.5-06. Payment of tax under lease agreement
57-39.5-06. Payment of tax under lease agreement
At the time of entering a lease agreement for new farm machinery or irrigation equipment
subject to taxes under this chapter, the lessor shall:
1. Pay the taxes imposed under this chapter on the purchase price of the equipment that
was purchased for the purpose of leasing;
2. On a lease with a term of three or more years, collect and remit to the commissioner
the full amount of tax due under this chapter based on the cumulative value of three
years of lease payments or collect the tax due on each lease payment under the
agreement for three years and remit those amounts to the tax commissioner as those
amounts are collected. If a lease agreement with a term of three years or more is
terminated before tax on three years of lease payments has been remitted, the lessor
shall collect and remit to the tax commissioner any remaining uncollected taxes on the
three-year period; or
3. On a lease with a term of less than three years, collect and remit to the commissioner
the full amount of tax calculated on the equivalent value of three years of lease
payments. The equivalent value of three years of lease payments is the sum of the
lease payments under the agreement divided by the term of the lease in months times
thirty-six. The tax may be collected and remitted to the commissioner in equal
installments with each lease payment over the term of the lease. If a lease agreement
with a term of less than three years is terminated before the end of the lease, the
lessor shall collect and remit to the tax commissioner any remaining uncollected taxes
on the equivalent value of three years of lease payments.