North Dakota state income tax
North Dakota income tax rates and brackets for 2025 and 2026
North Dakota’s income tax has three rates: 0% on the first $48,475 of taxable income for a single filer in 2025, 1.95% above that and 2.5% at the top. Because the return starts from federal taxable income, the new federal deductions for tips, overtime and seniors also lower North Dakota tax. Social Security has been fully exempt since 2021.
North Dakota income tax brackets for 2025 and 2026
A 2023 law (HB 1158) replaced five brackets with three: 0%, 1.95% and 2.5%. The brackets rise with inflation every year, so the amounts printed in the statute are out of date; the Tax Department publishes the current ones. The 2026 amounts below come from the 2026 estimated-tax form, because the 2026 return booklet is not out yet.
| Filing status | 0% up to (2025) | 2.5% above (2025) | 0% up to (2026) | 2.5% above (2026) |
|---|---|---|---|---|
| Single | $48,475 | $244,825 | $49,575 | $250,400 |
| Married filing jointly | $80,975 | $298,075 | $82,800 | $304,850 |
| Married filing separately | $40,475 | $149,025 | $41,400 | $152,425 |
| Head of household | $64,950 | $271,450 | $66,400 | $277,600 |
How North Dakota figures your tax
Form ND-1 starts from federal taxable income (line 15 of Form 1040), so your federal standard or itemized deduction is already taken off; North Dakota has no separate deduction or exemption. It then subtracts North Dakota items, including 40% of net long-term capital gains and qualified dividends, interest on U.S. obligations, all military pay, and College SAVE contributions up to $5,000 ($10,000 joint).
For example, a single filer with $60,000 of wages has $44,250 of federal taxable income for 2025, which is inside the 0% bracket, so North Dakota tax is $0. With $100,000 of wages, federal taxable income is $84,250 and North Dakota tax is about $698 for 2025, or about $669 for 2026.
Tips, overtime and the federal changes of July 2025
North Dakota says its starting point “perpetually conforms” to federal taxable income, and its 2025 booklet lists the larger federal standard deduction, the extra $6,000 for some seniors and the tip and overtime deductions among the changes that carry over. The car loan interest deduction also reduces federal taxable income, so as we read the forms it carries over too; North Dakota has no add-back for any of them. The 2027 Legislature meets before 2026 returns are due and could change this for 2026.
Does North Dakota tax Social Security and retirement income?
No for Social Security: since 2021 the taxable part of your benefits is subtracted on the ND-1, with no income limit. Military retirement pay (since 2019), Railroad Retirement benefits and retirement pay for licensed peace officers with 20 years of service or a disability retirement are also subtracted.
Other pensions, 401(k) and IRA distributions are taxed for residents; there is no general pension exclusion. Nonresidents do not owe North Dakota tax on pensions or annuities.
North Dakota tax credits and property tax relief
We found no earned income credit on the North Dakota return. Some of the best-known North Dakota relief programs are property tax credits, applied for separately rather than on the income tax return.
- Marriage penalty credit: for joint filers when both spouses have income, with joint taxable income over $81,036 and the lower earner over $47,550 for 2025.
- Credit for tax paid to another state (Schedule ND-1CR): the lesser of the tax actually paid or the North Dakota tax on that income; it also covers local income taxes in other states.
- Primary residence credit: up to $1,600 against property tax on your home, applied for online from January 1 to April 1 and shown on your property tax statement.
- Homestead credit and renter’s refund: for people 65 or older or permanently disabled with income of $70,000 or less; the renter’s refund is up to $600 a year.
Filing a North Dakota state tax return: who, which forms and when
You file if you must file a federal return and are a North Dakota resident, or have North Dakota income as a part-year resident or nonresident. Full-year residents with no North Dakota adjustments or credits can use Form ND-EZ; everyone else uses Form ND-1, with Schedule ND-1NR for part-year residents and nonresidents. Free File is available through the Tax Department’s TAP site.
Returns are due April 15, so 2026 returns are due April 15, 2027. A federal extension is accepted automatically; just fill in the extension circle on the return. Without one you need Form 101 and good cause. Tax paid after April 15 on an extended return carries 12% annual interest.
- Penalties: 5% of unpaid tax (at least $5) for paying late, plus 5% a month for filing late, up to 25%; interest of 1% a month.
- Estimated tax: required if you must pay federal estimates and expect to owe $1,000 or more to North Dakota, paid April 15, June 15, September 15 and January 15.
Where’s my North Dakota refund?
Check a North Dakota refund with “Where’s My Refund” on the Tax Department’s TAP site. It asks for the tax year, your Social Security number, filing type (with your spouse’s information for a joint return) and the expected refund amount from line 32 of Form ND-1 or line 6 of ND-EZ.
The 2025 booklet says refunds on e-filed returns are generally issued within 7 business days and paper returns can take up to 6 weeks; the Tax Department’s website says to expect about 30 days. The individual income tax line is 701-328-1247.
Residency and the Minnesota and Montana agreements
You are a North Dakota resident if it is your domicile. You are also taxed as a full-year resident if you keep a permanent home in North Dakota and spend more than 210 days of the year there. Part-year residents and nonresidents figure tax on all income and pay the North Dakota share on Schedule ND-1NR.
North Dakota has reciprocal agreements with Minnesota and Montana. Minnesota residents who return to their Minnesota home at least once a month do not owe North Dakota tax on pay for services in North Dakota, and Montana residents do not owe it on wages. To stop withholding, give your employer Form NDW-R every year by February 28 or within 30 days of starting work.
North Dakota return to prepare?
USTAXX prepares federal and North Dakota returns, including Schedule ND-1NR for part-year residents and nonresidents, reciprocity refunds for Minnesota and Montana workers and the marriage penalty and other-state credits. We are an IRS Authorized e-file provider and work with clients remotely through a secure portal, by phone or video, and in person in Naperville, IL.
Questions people ask
What is the North Dakota income tax rate?
0%, 1.95% and 2.5%. For 2026 a single filer pays 0% on the first $49,575 of taxable income, 1.95% up to $250,400 and 2.5% above that.
Does North Dakota tax Social Security?
No. Since 2021 North Dakota subtracts all federally taxable Social Security benefits, with no income limit. Military retirement is also exempt.
Does North Dakota tax tips and overtime?
Not the amounts deducted federally. North Dakota starts from federal taxable income, so the federal tips, overtime, car loan and senior deductions carry over, unless the 2027 Legislature changes that for 2026.
Which states have reciprocity with North Dakota?
Minnesota and Montana. Workers from those states file Form NDW-R with their North Dakota employer each year.
How long does a North Dakota tax refund take?
The 2025 booklet says e-filed refunds are generally issued within 7 business days and paper returns can take up to 6 weeks; the Tax Department’s website says about 30 days.
Where these rules come from
- ND Tax Department: 2025 individual income tax booklet (PDF)
- ND Tax Department: 2026 Form ND-1ES (PDF)
- ND Tax Department: Individual income tax
- ND Tax Department: Individual income tax history
- ND Tax Department: Primary residence credit
- ND Tax Department: Form NDW-R (PDF)
- ND Tax Department: Where’s My Refund
General information, current when written, not advice about your situation. Fees and forms change; the official pages above are the authority.