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Installation labor occurs when you set an item into position, or to connect, adjust, or program it for use. If the item being sold is taxable, charges to it are also taxable. Installation charges are part of the sales price of the item, even if separately stated.
North Dakota requires employers to withhold state income tax from employees' wages and remit the amounts withheld to the State Tax Commissioner.
In North Dakota, sales tax is levied on the sale of tangible goods and some services. The tax is collected by the seller and remitted to state tax authorities.
Tangible products are taxable in North Dakota, with a few exceptions. These exceptions include certain groceries, prescription medicine and medical devices, and machinery and chemicals used in agriculture. Excise tax may also applicable to the sale of motor vehicles and aircraft.
Generally, the purchase of materials by a contractor for use in the completion of an installation contract on a reservation is subject to North Dakota sales and use tax. The payment of any reservation taxes does not exempt the materials from the state sales or use taxes. In these cases, both taxes are due.
A contractor or subcontractor who is hired for labor only to tangible personal property into real property is not responsible for sales and use tax on the cost of the property installed. The contractor or subcontractor providing the tangible personal property is responsible for paying sales and use tax.