N.D. Admin. Code 81-04.1-01-16

Current through Supplement No. 394, October, 2024

Section 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.

N.D. Admin Code 81-04.1-01-16

Effective June 1, 1984; amended effective August 1, 1994; June 1, 2002.

General Authority: NDCC 57-39.2-19

Law Implemented: NDCC 57-39.2-01, 57-39.2-02.1, 57-39.2-03.2, 57-39.2-03.3, 57-39.2-04, 57-39.2-20, 57-40.3