§ 57-39.4-06 — (305) Local rate and boundary changes

North Dakota § 57-39.4-06

• Jurisdiction: North Dakota
• Title 57: Taxation
• Ch. 57-39.4: Streamlined Sales and Use Tax Agreement

Text

Each member state that has local jurisdictions that levy a sales or use tax shall:
1. Provide that local rate changes will be effective only on the first day of a calendar
quarter after a minimum of sixty days' notice to sellers.
2. Apply local sales tax rate changes to purchases from printed catalogs wherein the
purchaser computed the tax based upon local tax rates published in the catalog only
on the first day of a calendar quarter after a minimum of one hundred twenty days'
notice to sellers.
3. For sales and use tax purposes only, apply local jurisdiction boundary changes only on
the first day of a calendar quarter after a minimum of sixty days' notice to sellers.

4. Provide and maintain a database that describes boundary changes for all taxing
jurisdictions. This database shall include a description of the change and the effective
date of the change for sales and use tax purposes.
5. Provide and maintain a database of all sales and use tax rates for all of the
jurisdictions levying taxes within the state. For the identification of states, counties,
cities, and parishes, codes corresponding to the rates must be provided according to
federal information processing standards as developed by the national institute of
standards and technology. For the identification of all other jurisdictions, codes
corresponding to the rates must be in the format determined by the governing board.
6. Provide and maintain a database that assigns the proper tax rates and jurisdictions to
each five-digit and nine-digit zip code within a member state. The state must apply the
lowest combined tax rate imposed in the zip code area if the area includes more than
one tax rate in any level of taxing jurisdictions. If a nine-digit zip code designation is
not available for a street address or if a seller or certified service provider is unable to
determine the nine-digit zip code designation applicable to a transaction after
exercising due diligence to determine the designation, the seller or certified service
provider may apply the rate for the five-digit zip code area. For the purposes of this
section, there is a rebuttable presumption that a seller or certified service provider has
exercised due diligence if the seller has attempted to determine the tax rate and
jurisdiction by using software approved by the governing board that makes this
assignment from the address and zip code information applicable to the transaction.
7. Have the option of providing address-based boundary database records for assigning
taxing jurisdictions and their associated rates which shall be in addition to the
requirements of subsection 6. The database records must be in the same approved
format as the database records under subsection 6 and must meet the requirements
developed pursuant to the federal Mobile Telecommunications Sourcing Act [4 U.S.C.
119(a)]. The governing board may allow a member state to require sellers that register
under this agreement to use an address-based database provided by that member
state. If any member state develops address-based assignment database records
pursuant to the agreement, a seller or certified service provider may use those
database records in place of the five-digit and nine-digit zip code database records
provided for in subsection 6. If a seller or certified service provider is unable to
determine the applicable rate and jurisdiction using an address-based database record
after exercising due diligence, the seller or certified service provider may apply the
nine-digit zip code designation applicable to a transaction. If a nine-digit zip code
designation is not available for a street address or if a seller or certified service
provider is unable to determine the nine-digit zip code designation applicable to a
transaction after exercising due diligence to determine the designation, the seller or
certified service provider may apply the rate for the five-digit zip code area. For the
purposes of this section, there is a rebuttable presumption that a seller or certified
service provider has exercised due diligence if the seller or certified service provider
has attempted to determine the tax rate and jurisdiction by using software approved by
the governing board that makes this assignment from the address and zip code
information applicable to the transaction.
8. States which have met the requirements of subsection 6 may also elect to certify
vendor-provided address-based databases for assigning tax rates and jurisdictions.
The databases must be in the same approved format as the database records under
subsection 7 and must meet the requirements developed under the federal Mobile
Telecommunications Sourcing Act [4 U.S.C. 119(a)]. If a state certifies a
vendor-provided address-based database, a seller or certified service provider may
use that database in place of the database provided for in subsection 6 or 7. Vendors
providing address-based databases may request certification of their databases from
the governing board. Certification by the governing board does not replace the
requirement that the databases be certified by the states individually.
9. Make databases provided under subsections 5, 6, 7, and 8 available to a seller, or
certified service provider by the first day of the month prior to the first day of a calendar

quarter. Databases must be in a format approved by the governing board and
available on each state's website or other location determined by the governing board.