In North Dakota Retailers to Collect and Remit Sales Tax

North Dakota Administrative Code
Title 81. Tax Commissioner
Article 81-04.1. Sales and Use Taxes
Chapter 81-04.1-01. General Rules

81-04.1-01-16. Casual or occasional sales

Casual or occasional sales made by an individual are not subject to sales tax. Sales made in the course of a regularly conducted business are subject to sales tax. The following are retailers who must collect and remit sales tax:
1. The auctioneer who auctions the belongings of several undisclosed individuals at a public auction.
2. Persons who buy antiques from others and offer them for sale at a public auction or through a private sale.
3. Persons who conduct permanent rummage sales through which they dispose of the property of others.
A retailer may not claim a casual sale if the property sold is similar to property sold by the retailer in the regular course of business.
A person selling one's own products occasionally is making casual sales, and such sales are not taxable. Sales of such number, volume, or frequency as to indicate that the sale is not a casual or isolated one are subject to tax.
The sale of capital assets, such as equipment, machinery, and furnishings which are not sold as inventory, shall be deemed outside the regular course of a business and deemed to be a casual sale and no sales tax is due. If the business being sold is a retail business and the business will be sold in its entirety by the owner, the inventory is considered to be sold for resale while the sale of the other business assets is considered to be a casual sale. Sale of a retail inventory through auction is subject to section 81-04.1-04-11.

81-04.1-01-18. Goods on consignment

Persons engaged in the business of selling tangible personal property of others are retailers. Sales are subject to sales tax if such property is sold in the retailer's place of business or is sold by the retailer for an undisclosed principal. This also applies to an auctioneer who sells tangible personal property belonging to a retailer, no matter where the sale is located.