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North Dakota · 2026 · 36 steps · official links

How to start a business in North Dakota

Every step to open an LLC in North Dakota and get ready to hire, in order, with the official state page for each one. Agencies you'll deal with: Secretary of State · Office of State Tax Commissioner · Job Service North Dakota · Workforce Safety and Insurance (WSI) · Department of Labor and Human Rights.

LLC filing fee
$135
State sales tax
5%
Seller's permit
See state site
Out-of-state sales threshold
$100,000
Last verified
October 27, 2026

This is the most common path: a new LLC, general business, paying W-2 employees and 1099 contractors. Adding a location, forming a corporation, or in a licensed industry? Customize it and check off steps as you go.

Customize this checklist

Popular North Dakota business types:

Step 1

Set up the business with the state

Do this first. The state tax and payroll accounts ask for your registration details.

Get a federal EIN

Apply free on the IRS website and get the number immediately. You'll need it for the state tax registration, a business bank account, and payroll. Opening a new location? You already have one; the same EIN works in every state.

FederalFreeIRS: Get an EIN

Sign an operating agreement

This internal document sets out who owns what, how decisions get made, and what happens if an owner leaves. It isn't filed with the state, but banks often ask for it, and it helps protect your liability shield. Single-owner LLCs need one too.

Every state

Open a business bank account

Bring your EIN letter, filed formation documents, and operating agreement or bylaws. Keeping business and personal money separate is one of the main things that protects your personal assets.

Every state

Check industry licenses and permits

Many businesses need a license or permit before opening, separate from registering the company. Check three levels: the state licensing board for your field, your city or county, and any federal agency that regulates your industry.

  • Trades and construction: general contractors, electricians, plumbers, HVAC and roofers usually need a state or local license, and often a bond
  • Personal services: salons, barbers, nail and esthetics shops need a shop license plus licensed staff; massage and tattoo studios are licensed too
  • Professional services: accounting, engineering, architecture, law, real estate and insurance require state licenses for the people and sometimes the firm
  • Child care, elder care and home care need a state facility or agency license and background checks
  • Retail with restricted products: alcohol, tobacco and vape, cannabis, firearms (federal FFL), pawn and secondhand dealers
  • Auto, transport and logistics: auto dealers and repair shops, towing, movers, and trucks that need a USDOT number
  • Money and finance: lenders, mortgage brokers, debt collectors and money transmitters are licensed by the state, often through NMLS
  • Local permits for almost everyone: city business license or tax registration, zoning or home occupation permit, sign permit and fire inspection

Decide on S corp tax treatment (optional)

If you want S corp taxation, file IRS Form 2553. The deadline is tight: generally within 2 months and 15 days after the start of the tax year you want it to apply. See Business basics for when it makes sense.

Form your LLC with the state

File Articles of Organization (or the state's equivalent) online through FirstStop (firststop.sos.nd.gov).

Name a North Dakota registered agent

You need a registered agent with a street address in North Dakota to receive legal papers and state notices. Use a registered agent service if you have no one local.

ND

Know North Dakota's formation rules

Separate fee schedules apply to farming or ranching LLCs and corporations and professional entities.

ND
Step 2

Register for state taxes

Register with Office of State Tax Commissioner

Register for a withholding account and a sales tax permit online through ND TAP. Apply for a sales permit about 30 days before opening.

  • Employees complete Form Federal Form W-4 (no separate state form) for state withholding
  • State sales tax is 5% on most retail sales. Cities and counties can add local sales taxes, administered by the Tax Commissioner.

Check local taxes and business licenses

Cities and counties may levy local sales, lodging, and similar taxes collected through the Tax Commissioner. No local income or payroll taxes confirmed.

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Step 5

Collect sales tax

Applies if you sell products, or services this state taxes. Most medical care is exempt. See Business basics for sales tax.

Register to collect sales tax

North Dakota calls it a Sales and Use Tax Permit. Register with the North Dakota Office of State Tax Commissioner through ND TAP (Taxpayer Access Point) before you make your first taxable sale in North Dakota. You'll collect tax from customers and send it to the state.

  • State rate: 5%
  • Local taxes: Cities and counties add their own sales and use taxes, plus lodging and restaurant taxes, which the state usually administers; some localities cap the local tax on a single purchase.
  • Sales tax applies mainly to goods, recreational admissions and lodging, and repair labor is exempt. Digital audio-visual works, digital music and digital books are exempt, but prewritten software is taxable.

Buy items you resell tax-free with a resale certificate

Give your supplier Certificate of Resale, SFN 21950 so you don't pay tax on inventory you'll resell. The buyer signs it and enters its sales and use tax permit number; the form does not say how long it stays valid. Keep certificates your own customers give you, too.

  • Accepts the Streamlined Sales Tax multistate certificate
  • Accepts the MTC Uniform Sales and Use Tax Resale Certificate

Selling into North Dakota from another state? Watch the threshold

Out-of-state sellers must register once sales into North Dakota pass $100,000 (current or previous calendar year), even with no office here.

  • Only taxable sales into North Dakota count. The 200-transaction test was removed effective July 1, 2019; collection starts the next calendar year or 60 days after crossing the threshold, whichever is earlier.
  • Marketplace facilitators with more than $100,000 in taxable North Dakota sales collect for all their sellers; a seller with the facilitator's written certification is not liable for tax on those sales.

Note this North Dakota sales tax rule

A separate gross receipts tax applies to alcohol at 7% and to new farm machinery and new mobile homes at 3%.

ND
Step 6

Before your first payroll

Applies once you pay W-2 employees who work in this state.

Complete Form I-9 and W-4 for each hire

Form I-9 is never mailed to the government. You keep it in your own files and show it only if ICE or the Department of Labor asks for an inspection.

  • The employee completes Section 1 by their first day of work
  • You review their original documents and complete Section 2 within 3 business days of the start date
  • Keep it for 3 years after the hire date or 1 year after employment ends, whichever is later
  • Store I-9s together, separate from personnel files, so an inspection doesn't expose other records
  • Remote hire? Have an authorized representative check documents in person, or, if you use E-Verify, use the DHS remote video inspection option
  • Also collect a federal W-4 for withholding

Post federal workplace notices

Federal posters (minimum wage, EEO, FMLA if you have 50+ employees, and others) go alongside the state ones.

Register for unemployment insurance with Job Service North Dakota

Register once you pay wages to employees working in North Dakota. Reports and payments are usually quarterly.

  • 2026 new employer rate: 1.00% (non-construction, positive balance); 9.67% construction
  • Taxable wage base: $46,600
  • Register through UI EASY (Unemployment Insurance Employer Account System). File the Employer's Contribution and Wage Report electronically each quarter, due by the end of the month after the quarter. The wage base is reset yearly at 70% of the statewide average wage.

Buy workers' compensation insurance

Required at 1 or more employees working in North Dakota (limited exceptions). North Dakota is a monopolistic state: you must buy coverage from WSI, the only provider. Private insurers cannot write it. Coverage must start before employees begin work. Uninsured employers face back premium, claim costs, and cease and desist penalties of $10,000 plus $100 a day.

Report each new hire

Report full-time, part-time, and temporary employees, plus rehires gone 60+ days. Employers with more than 24 employees must report electronically.

Check income tax reciprocity

Minnesota and Montana residents working in North Dakota are exempt from ND withholding. They give the employer Form NDW-R each year (by February 28 or within 30 days of starting), and the employer mails it to the Tax Commissioner by March 31.

ND

Follow North Dakota pay timing rules

North Dakota's wage payment rules:

  • Pay frequency: At least once each calendar month on paydays set in advance.
  • Final pay: Fired or quit: by the next regular payday. If no agreement, pay to a fired employee is sent by certified mail to the address they designate.
  • Overtime: Time and a half over 40 hours per week. No daily overtime.
  • Give a pay stub each pay period showing hours, rate, and deductions. Earned vacation or PTO must be paid at separation, with narrow exceptions. A 30-minute meal break is required for shifts over 5 hours when 2+ employees are on duty.

Pay at least North Dakota minimum wage

$7.25 (same as federal) an hour.

  • Tipped employees: $4.86 cash wage (33% tip credit)

Paid sick leave: no general state requirement

No state paid sick leave law for private employers. Earned PTO must be paid out at separation.

NDIf it applies

Retirement plan: no state mandate

No state retirement savings program or mandate for private employers.

NDIf it applies

Adopt a harassment policy (training recommended)

North Dakota doesn't require harassment training for private employers. A written policy and a yearly refresher are still best practice.

NDIf it applies

Post North Dakota workplace notices

Display the state's required labor law posters where employees can see them, along with the federal posters. Workers' comp notices come from your carrier.

Buy workers' comp from WSI before hiring

WSI is the only workers' comp provider in North Dakota. Get coverage before your first employee starts.

Collect Form NDW-R from MN and MT residents

If a Minnesota or Montana resident works for you in North Dakota, do not withhold ND tax once they give you Form NDW-R. They must renew it every year.

File withholding returns even with no payroll

Form 306 withholding returns must be filed even for periods with no wages. W-2s and the Form 307 reconciliation are filed electronically by January 31.

Step 7

Paying 1099 contractors

Collect a W-9 before the first payment

The W-9 gives you the contractor's legal name and tax ID for their 1099. Check the classification first: if you control how and when they work, they may legally be an employee.

Send Form 1099-NEC to contractors

File with the IRS and send the contractor a copy by January 31. For payments made in 2026 and later, the reporting threshold is $2,000 per contractor per year (it was $600 before).

FederalDue Jan 31
Step 8

Stay in good standing

Recurring deadlines. Put these on your calendar now.

Skip the FinCEN BOI report (U.S. companies are exempt)

FinCEN's final rule, effective August 14, 2026, permanently exempts companies formed in the U.S. from beneficial ownership reporting. Ignore letters or emails demanding a BOI filing fee; they're a common scam. Only companies formed outside the U.S. still file.

Ignore look-alike annual report letters

The Secretary of State warns about third-party letters offering to file your annual report for large fees. File it yourself on FirstStop.

File the Annual Report

Keeps your business in good standing with the state. Missing it can lead to penalties or dissolution.

NDLLCs: November 15. Corporations: August 1 (domestic) or May 15 (foreign). First report is due the year after you register.$50 (LLC); $25 (corporation)North Dakota: Annual report

File quarterly unemployment reports and withholding returns

File unemployment wage reports each quarter and state withholding returns on the schedule you're assigned (if the state has income tax), plus the annual W-2 reconciliation.

NDQuarterly

File sales tax returns on time

The state assigns monthly, quarterly or annual filing when you get your permit; returns are due the last day of the month after the period (for example, first quarter is due April 30), and you must file even with no sales. File a zero return if you had no sales; skipping it can bring penalties.

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Deadline calendar

Recurring dates for North Dakota and federal filings. A payroll service handles most payroll lines, but you should know they're happening.

WhenWhatFiled with
Jan 31File W-2s and Form 307 withholding reconciliation electronically; Q4 UI wage report dueNorth Dakota
Feb 28Collect Form NDW-R from Minnesota and Montana resident employees (mail to Tax Commissioner by Mar 31)North Dakota
Apr 30, Jul 31, Oct 31Quarterly UI Employer's Contribution and Wage Report and paymentNorth Dakota
May 15Foreign corporation annual report dueNorth Dakota
Aug 1Domestic corporation annual report dueNorth Dakota
Nov 15LLC annual report dueNorth Dakota
Assigned scheduleSales tax return (file a zero return if no sales)North Dakota
Jan 31W-2s to employees and SSA (with W-3); Form 940; 4th-quarter Form 941IRS / SSA
Jan 311099-NEC to contractors and IRSIRS
15th monthlyFederal payroll tax deposit (monthly depositors)IRS
Apr 30 · Jul 31 · Oct 31Form 941 for the quarterIRS
Jul 31Form 5500 or 5500-SF, if you sponsor a 401(k) (Oct 15 with Form 5558 extension)DOL (EFAST2)

Last verified: October 27, 2026

Common questions

How much does it cost to form an LLC in North Dakota?

The North Dakota state filing fee for an LLC is $135. That's the fee to form your LLC with the state. Expect other costs too, such as a registered agent service if you use one, licenses, and annual filings. See the checklist above for each step.

Do I need a seller's permit in North Dakota?

You need to register to collect sales tax in North Dakota if you sell taxable products or services there. The state rate is 5%, and local taxes may add to it. Registration cost: See state site.

When does an out-of-state business have to collect North Dakota sales tax?

Out-of-state sellers must register once their sales into North Dakota pass $100,000 a year. Having an employee or office in North Dakota also creates nexus right away.

What does a North Dakota business have to file after it opens?

Recurring filings include: file the Annual Report; file quarterly unemployment reports and withholding returns; file sales tax returns on time. The deadline calendar above lists the dates.

Checklists for every state

This guide organizes official requirements. It isn't legal or tax advice. Fees, forms, and deadlines change, so confirm on each linked state page before you file, and talk to an attorney or CPA about your specific situation.