North Dakota R&D Tax Credit

North Dakota Research and Development Tax Credit Summary

The North Dakota R&D Tax Credit is very similar to the federal version including the definition of qualifying research. Below are some of the differences between the federal and North Dakota R&D Tax Credit.

The applicable percentage is 25% for the first $100,000 of excess expenses in a tax year. For excess expenses over $100,000 in a year, the applicable percentage for tax years 2007 through 2016 is:

• 7 ½% for 2007, 11% for 2008, 14 ½% for 2009 and 18% for 2010 through 2016, if qualified research in North Dakota began before 2007; or
• 8% if qualified research in North Dakota first begins after 2010
• For tax years after 2016, the applicable percentage for excess expenses over $100,000 in a year is 8% for all taxpayers, regardless of when research firsts begins.
• For taxpayers who began qualified research in North Dakota before January 1, 2007, the maximum credit allowed in any year is $2 million
• An unused credit may be carried back three tax years and carried forward up to fifteen tax years.
• Subject to certain conditions, a taxpayer may sell, transfer, or assign up to $100,000 of its unused tax credit to another taxpayer if the taxpayer selling the credit is certified by the Department of Commerce Division of Economic Development and Finance to be a primary sector business with annual gross revenues of less than $750,000 that conducts qualified research in North Dakota for the first time after December 31, 2006.

North Dakota R&D Tax Credit Case Study
A Fargo Company manufactures farming equipment. It had never before claimed the R&D Tax Credit for the development activities of its software programmers. This project involved a three-year study with a two year look back.

The Company qualified for the federal R&D Tax Credit of $390,726 and an additional $516,329 in North Dakota state R&D Tax Credit.