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North Dakota R&D Tax Credits

State and Federal Credits Available
25%
on first $100K excess QREs
8%
on excess QREs > $100K
15 yrs
carryforward (+3-yr carryback)
$100K
transferable (qualified small biz)
No Cap
(pre-2007: $2M limit)

The North Dakota R&D Tax Credit incentivizes businesses to invest in qualified research activities within the state, offsetting income tax liabilities through the Office of State Tax Commissioner. Enacted under N.D.C.C. § 57-38-30.5, the credit uses definitions drawn from IRC § 41 but applies only to North Dakota-sourced research and expenses.

25%
on first $100K excess QREs
8%
on excess QREs > $100K
15 yrs
carryforward (+3-yr carryback)
$100K
transferable (qualified small biz)
No Cap
(pre-2007: $2M limit)

Key Highlights

  • Tiered rates under the regular method: 25% on the first $100,000 of excess QREs and 8% on amounts above
  • Alternative simplified credit (ASC) option: 17.5% on the first $100,000 of excess and 5.6% above, elected year-to-year
  • Credits are nonrefundable but offer 3-year carryback and 15-year carryforward for flexible use; in passthrough entities, credits pass through to owners based on their interests
  • Up to $100,000 of unused credits transferable for certified qualified research and development companies
  • Applies only to research performed in North Dakota; available to individuals, estates, trusts, partnerships, corporations, and LLCs

Who Qualifies for the North Dakota R&D Tax Credit

Eligibility requires conducting qualified research activities in North Dakota that meet federal IRC § 41 standards, with expenses tied to technological uncertainty and innovation. Businesses in primary sectors may access enhanced transfer options upon certification.

Eligible Entities
  • C Corporation May claim both the regular and basic research credit
  • S Corporation Limited entity-level use; can pass credits to shareholders
  • Partnerships / LLCs Credits pass through to owners via Schedule K-1
Qualified Research Expenses (QREs)
Category
Examples
Wages
Salaries for employees directly performing, supervising, or supporting qualified research
Supplies
Materials and prototypes consumed in the research process
Contract Research
65% of payments to third-party contractors for qualified services
Basic Research
Payments to qualified organizations (universities, nonprofits) for basic research

How to Calculate the North Dakota R&D Tax Credit

North Dakota offers two methods: the regular incremental method and the alternative simplified credit (ASC). Both use only North Dakota-sourced QREs and follow federal base amount definitions under IRC § 41.

Regular Method
  • Determine total North Dakota QREs for the tax year.
  • Compute base amount = fixed-base percentage × average gross receipts attributable to North Dakota for the prior 4 years (minimum 50% of current-year QREs).
  • Calculate excess QREs = current QREs - base amount.
  • Apply tiered credit: 25% on the first $100,000 of excess; 8% on excess over $100,000.
Example Calculation
QREs = $500,000
Base = $300,000
Excess = $200,000
→ Credit = (25% × $100,000) + (8% × $100,000) = $25,000 + $8,000= $33,000
For taxpayers who began qualified research before January 1, 2007, the maximum credit is capped at $2 million annually; excess amounts are disallowed.
Alternative Simplified Credit (ASC)

This method simplifies the base for businesses with fluctuating QREs and can be elected annually (binding for that year).

  • Calculate average North Dakota QREs from the prior 3 tax years.
  • Base = 50% of that average.
  • Excess = Current-year QREs - base.
  • Credit = 17.5% on the first $100,000 of excess; 5.6% on excess over $100,000
  • If any of the prior 3 years had zero QREs, the ASC credit is 7.5% of the first $100,000 of excess QREs plus 2.4% of the amount over $100,000.
Example Calculation
Average prior 3-year QREs =$400,000
Base = 50% × $400,000 =$200,000
Current QREs =$500,000
Excess =$300,000
→ Credit = (17.5% × $100,000) + (5.6% × $200,000) = $17,500 + $11,200= $28,700
Gross Receipts for Base Calculation
  • Include gross receipts attributable to North Dakota (exclude returns and allowances).
  • Startups (first active year): Fixed-base percentage starts at 3% and phases up to 16% over 10 years based on North Dakota receipts.
  • No North Dakota gross receipts? Base defaults to 50% of current QREs.

North Dakota-Specific Rules

North Dakota's Research Expense Tax Credit includes provisions tailored to support emerging primary sector businesses, with flexibility for carryovers and transfers.

Tiered Credit Rates

The regular method's 25% rate on the first $100,000 of excess QREs provides strong incentives for smaller-scale innovation, while 8% on higher amounts supports larger projects. This structure has driven meaningful usage in agriculture and energy sectors.

Transferable Credits

Qualified research and development companies—defined as primary sector businesses (e.g., manufacturing, processing) conducting first-time research after December 31, 2006, with gross revenues under $750,000—may transfer up to $100,000 of unused credits. Certification by the North Dakota Department of Commerce is required, and transfers are reported via Form CTS. This provision enhances liquidity for startups without tax liability.

Carryback and Carryforward

Unused credits can be carried back 3 tax years to offset prior liabilities or carried forward up to 15 years, offering extended flexibility unmatched in many states. Passthrough entities allocate credits pro-rata to owners for optimized use.

Other important rules
  • Pre-2007 Cap: Businesses that earned credits before January 1, 2007, face a $2 million annual limit; disallowed excess cannot be carried over.
  • Certification for Transfers:Contact the Department of Commerce at 701-328-1249 for eligibility; transfers must be documented within 30 days via Form CTS.
  • Audit Guidelines: Retain records for 4 years, including project documentation aligning with federal IRC § 41. No entity-level refunds, but transfers provide cash equivalent.
  • Primary Sector Focus: While open to all, transfer benefits target primary sectors to align with state economic goals.
Tiered Credit Rates

The regular method's 25% rate on the first $100,000 of excess QREs provides strong incentives for smaller-scale innovation, while 8% on higher amounts supports larger projects. This structure has driven meaningful usage in agriculture and energy sectors.

Transferable Credits

Qualified research and development companies—defined as primary sector businesses (e.g., manufacturing, processing) conducting first-time research after December 31, 2006, with gross revenues under $750,000—may transfer up to $100,000 of unused credits. Certification by the North Dakota Department of Commerce is required, and transfers are reported via Form CTS. This provision enhances liquidity for startups without tax liability.

Carryback and Carryforward

Unused credits can be carried back 3 tax years to offset prior liabilities or carried forward up to 15 years, offering extended flexibility unmatched in many states. Passthrough entities allocate credits pro-rata to owners for optimized use.

Other important rules
  • Pre-2007 Cap: Businesses that earned credits before January 1, 2007, face a $2 million annual limit; disallowed excess cannot be carried over.
  • Certification for Transfers:Contact the Department of Commerce at 701-328-1249 for eligibility; transfers must be documented within 30 days via Form CTS.
  • Audit Guidelines: Retain records for 4 years, including project documentation aligning with federal IRC § 41. No entity-level refunds, but transfers provide cash equivalent.
  • Primary Sector Focus: While open to all, transfer benefits target primary sectors to align with state economic goals.

North Dakota R&D Tax Credits Case Study

Real results from a North Dakota ag-tech startup

$150,000
total state R&D tax credits earned
60%
of wages qualified for credits
$450,000
total R&D tax credits earned (federal + state combined)
Frequent Asked Questions

What is the North Dakota Research Expense Tax Credit?

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The North Dakota Research Expense Tax Credit offers 25% on the first $100,000 of excess qualified research expenses and 8% on amounts above under the regular method, or 17.5% and 5.6% via the alternative simplified method. Administered by the Office of State Tax Commissioner, it supports in-state innovation aligned with federal IRC § 41.

What activities qualify for North Dakota’s R&D tax credit?

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Eligible activities involve technological uncertainty in developing or improving products, processes, or software conducted in North Dakota, such as agricultural process enhancements or energy tech prototypes. Strike Tax identifies qualifying projects to ensure compliance.

How much can my business save with North Dakota’s R&D tax credit?

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For $200,000 in excess QREs, you could save $33,000 under the regular method, plus federal credits. Qualified small businesses may transfer $100,000 for immediate value. Use Strike Tax’s R&D Credit Calculator for personalized estimates.

Are North Dakota R&D tax credits refundable for small businesses?

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Credits are nonrefundable but can be carried back 3 years or forward 15 years. Small primary sector businesses (<$750,000 revenue) may transfer up to $100,000 of unused credits upon certification, providing cash-like benefits. Strike Tax assists with certification and maximization.

How do I apply for North Dakota’s R&D tax credit?

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File with your North Dakota income tax return, attaching a computation schedule. For transfers, obtain Department of Commerce certification and submit Form CTS. Strike Tax handles documentation and filing to simplify the process.

Can North Dakota businesses claim both state and federal credits?

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Yes, stack state and federal credits on the same North Dakota QREs for compounded savings. The state credit uses federal definitions, so coordinated claims are efficient. Strike Tax optimizes both for maximum impact

What are the requirements for transferring North Dakota R&D credits?

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Transfers are limited to $100,000 for certified qualified research and development companies: primary sector, first-time research after 2006, and revenues under $750,000. Individuals, C-corps, estates, or trusts qualify; passthroughs do not. File Form CTS jointly with the transferee.

How does the alternative simplified credit work in North Dakota?

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Elect ASC for a simpler base (50% of prior 3-year average QREs), yielding 17.5% on the first $100,000 excess and 5.6% above. If any prior year had zero QREs, reduced rates of 7.5% and 2.4% apply. It's ideal for startups with limited history and can be chosen annually. Strike Tax evaluates the best method for your situation.

Why is North Dakota’s R&D credit valuable for primary sector companies?

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With tiered rates up to 25%, 15-year carryforward, and transfer options, it provides high ROI for ag, energy, and manufacturing firms. No annual cap (except pre-2007) ensures scalability. Strike Tax tailors claims for sector-specific needs.

How does Strike Tax help North Dakota businesses?

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Strike Tax ensures full compliance with state and federal rules, maximizes tiered credits and transfers, and provides audit-ready documentation. Our experts guide certification and stacking for optimal savings.

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