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A primary sector or tourism business may qualify for an income tax exemption for up to five years. 

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“Primary sector” refers to a business that adds value to a product, process, or service that produces new wealth in North Dakota. “Tourism” refers to a tourism-related business that is a destination attraction. Eligibility is limited to a new business or to an existing business that expands its operations in North Dakota. A business is not eligible for exemption if one of the following applies:

  • The business received a property tax exemption under tax increment financing.
  • There is an outstanding tax obligation or recorded lien for any delinquent state or local tax.
  • Exemption fosters unfair competition or endangers existing business.

The business must apply to the State Board of Equalization (State Board), c/o State Tax Commissioner and be processed through the following approval steps:

  • The application must be filed no later than one year after the commencement of operations within the new business or expansion.
  • The Department of Commerce Division of Economic Development and Finance reviews the application for primary sector or tourism eligibility.
  • The business must provide notice to competitors as prescribed by the State Board.
  • At a public meeting, the State Board considers the application and any testimony, and grants or denies the exemption.

If you're filing as a/an:
Claim the credit on:
Individual or Sole ProprietorSchedule ND-1SA, Statutory Adjustments
C CorporationForm 40, Corporation Income Tax Return
S CorporationForm 60, S Corporation Income Tax Return
PartnershipForm 58, Partnership Income Tax Return
FiduciaryForm 38, Fiduciary Income Tax Return