N.D. Cent. Code § 57-40.2-02.3

Current through 2023 Legislative Sessions

Section 57-40.2-02.3 - Certain sellers located outside this state required to collect and remit sales taxes - Criteria

Notwithstanding any other provision of law, any seller of tangible personal property or other taxable product for delivery in this state, which does not have a physical presence in this state, is subject to this chapter and chapter 57-39.2 and shall remit sales or use tax if the seller's gross sales from the sale of tangible personal property and other taxable items delivered in this state exceed one hundred thousand dollars in the previous calendar year, or the current calendar year. A seller that exceeds this sales threshold shall obtain a permit under section 57-39.2-14, and begin collecting the tax on sales delivered during the following calendar year or beginning sixty days after the threshold is met, whichever is earlier. The seller shall follow all applicable procedures and requirements of law as if the seller had a physical presence in this state.

N.D.C.C. § 57-40.2-02.3

Amended by S.L. 2019, ch. 497 (SB 2191),§ 2, eff. 1/1/2019.

Added by S.L. 2017, ch. 408 (SB 2298),§ 2, eff. on the date the U.S. Supreme Court issues an opinion overturning Quill v. ND, 504 U.S. 298 (1992), or otherwise confirming a state may constitutionally impose its sales or use tax upon an out-of-state seller in circumstances similar to those specified in section 57-39.2-02.2..