Scope
N.D.C.C. 57-39.2-04.17 exempts from North Dakota sales tax the gross receipts from sales of enterprise information technology equipment and computer software purchased for use by a qualifying business in a qualified data center, including upgrades and replacements, under certificates and refund procedures administered by the Tax Commissioner.
- Geographic scope
- North Dakota
- Jurisdiction
- State
- Authority type
- Legislature
- Issuing authority
- North Dakota Legislative Assembly
Dates
- Adopted
- No adoption day is recorded
- Effective
- Several dates apply; see the source
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The opened section states no end date.
- Source document
- The source page states no document date
- Last checked
- 22 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
North Dakota Century Code section 57-39.2-04.17 exempts enterprise information technology equipment and computer software bought by a qualifying business for use in a qualified data center from sales tax. The Tax Commissioner certifies qualified data centers and handles contractor refunds. The section heading notes retroactive application, but the note and the enacting session law were not opened, so no effective day is stored.
What this does not establish
- The retroactive-application note and the enacting session law were not opened.
- An earlier data center exemption, section 57-39.2-04.13, is not part of this record, and this record does not claim the newer section formally superseded it.
- Subsection 8 also requires a qualified data center owner to file a report with the Tax Commissioner by 31 January each year showing the exemption claimed, jobs created or retained and local incentives received; that reporting duty is not restated in the exact scope.
Unresolved questions
None recorded.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- Related, not a replacement Earlier data center sales tax exemption (expired 2020) (Expired)
Sources
https://ndlegis.gov/cencode/t57c39-2.pdf
- North Dakota Office of State Tax Commissioner, Sales tax exemptions and incentives (Data Centers) Agency description of the exemption and its application requirements, observed 23 September 2026
- North Dakota Legislative Council memorandum 27.9096.01000 (September 2025) Identifies Senate Bill 2137 (2021) as the reenactment that became section 57-39.2-04.17