Sales and Use Tax Exemption for Electrical Generating Facilities

December 04, 2023


Electrical generating facilities are exempt from sales and use taxes. The exemption is granted for the purchase of building materials, production equipment, environmental upgrade equipment, and other tangible personal property that is used for constructing or expanding the facility. In order to qualify, the facility must have at least one electrical generation unit with a capacity of at least 100 kilowatts (kW).  For wind facilities, the equipment must be purchased between July 2011 and January 2017. For non-wind and non-coal facilities, the facility must sell the electricity it produces or use it on site for a business-related activity. In order to receive the exemption, a request must be made in writing to the Tax Commissioner and must include a description of the equipment, the cost of the equipment and an explanation of how the equipment enables the business to expand its operations. The Tax Commissioner will notify the taxpayer in writing if the project qualifies for an exemption. 


Program Overview

Implementing Sector: State
Category: Financial Incentive
State: North Dakota
Incentive Type: Sales Tax Incentive
Web Site:
Administrator: Office of State Tax Commissioner
Start Date:
Eligible Renewable/Other Technologies:
  • Geothermal Electric
  • Solar Thermal Electric
  • Solar Photovoltaics
  • Wind (All)
  • Biomass
  • Hydroelectric
  • Municipal Solid Waste
  • Combined Heat & Power
  • Fuel Cells using Non-Renewable Fuels
  • Landfill Gas
  • Anaerobic Digestion
Incentive Amount: 100% exemption
Exemption for Wind Energy Systems only applicable to equipment purchased before January 1, 2017.
Equipment Requirements: Must have at least one single electrical generation unit with a capacity of at least 100 kW


Name: ND Century Code § 57-39.2-04.2
Name: ND Century Code § 57-40.2-04.2


Name: General Information
Organization: Office of the State Tax Commissioner
Address: 600 East Boulevard Ave., Dept. 127
Bismarck ND 58505-0599
Phone: (701) 328-7088

This information is sourced from DSIRE; the most comprehensive source of information on incentives and policies that support renewables and energy efficiency in the United States. Established in 1995, DSIRE is operated by the N.C. Clean Energy Technology Center at N.C. State University.