North Dakota business license guide
Last updated: April 26, 2026
North Dakota does not use one single license for every business. Most owners need to check several separate items: Secretary of State registration, a trade name if they use a DBA, a North Dakota Sales and Use Tax Permit if they make taxable sales, employer accounts if they hire workers, state industry licenses if their work is regulated, and city or county approvals where they operate.
The safest way to start is to identify what your business does, where it will operate, whether you will sell taxable products or services, and whether you will hire employees.
The short answer
North Dakota’s state start-up path runs through the North Dakota Secretary of State, the Office of State Tax Commissioner, and other agencies when your business type is regulated. State law requires businesses to register with the North Dakota Office of the Secretary of State before transacting business unless they are doing business solely using the owner’s personal name.
A Secretary of State filing is not the same thing as a city license, sales tax permit, professional license, health permit, building permit, zoning approval, or federal permit. You may need more than one approval before you open.
North Dakota facts box
| Question | North Dakota answer |
|---|---|
| Does North Dakota have one statewide general business license? | North Dakota’s official start-up path does not show one all-purpose statewide business license. It separates business registration, tax permits, employer accounts, and regulated industry licenses. |
| Main business filing office | North Dakota Office of the Secretary of State, usually through the FirstStop Portal. |
| DBA term | North Dakota commonly uses “trade name.” A partnership may also use a “fictitious partnership name.” |
| Trade name filing | Trade names are filed in FirstStop. The Secretary of State says trade name registrations must be renewed every 5 years, and the listed registration fee is $25. |
| Sales tax permit name | North Dakota Sales and Use Tax Permit, handled through ND TAP. |
| State sales tax rate | The state rate is 5% for most retail sales. City and county taxes may also apply. |
| Employer unemployment account | Job Service North Dakota uses UI EASY. Employers must register for unemployment insurance within 20 days after first employing workers. |
| Workers’ compensation | Workforce Safety & Insurance says most North Dakota employers must have workers’ compensation coverage before hiring their first employee. |
| Contractor license trigger | The Secretary of State says a contractor must be licensed when the cost, value, or price of a job exceeds $4,000. |
Quick start: the first checks to make
- Write down your business activity. Be specific. “Retail clothing,” “home bakery,” “mobile food unit,” “excavation contractor,” and “online consulting” can trigger different rules.
- Choose your legal structure. Decide whether you will operate as a sole proprietor, LLC, corporation, partnership, cooperative, or another structure.
- Check whether you must register with the Secretary of State. North Dakota says businesses must register before transacting business unless they are doing business solely using the owner’s personal name.
- Check your business name. Use FirstStop to search business names and trademarks. Do not spend money on signs, packaging, or ads until your filing is accepted.
- Check tax permits in ND TAP. If you sell taxable items, admissions, lodging, or other taxable activity, you may need a North Dakota Sales and Use Tax Permit.
- Check city, county, zoning, building, and health rules. Local rules can still apply even when the state does not issue one general license.
- Check employer accounts before hiring. You may need an IRS EIN, North Dakota withholding account, Job Service North Dakota unemployment account, and WSI workers’ compensation coverage.
Practical tip: Do not ask an agency, “Do I need a business license?” Ask, “For this business activity, at this location, do I need a license, permit, registration, zoning approval, tax account, inspection, or certificate before I open?”
Which government layer handles what
Business licensing in North Dakota is layered. You may deal with more than one office.
| Layer | What it may handle | Where to start |
|---|---|---|
| Federal | EIN, federal tax duties, and federal permits for certain regulated industries. | IRS EIN page and SBA federal licenses and permits guide. |
| State | Business entity registration, trade names, sales and use tax, withholding, contractors, certain professional or industry licenses, food and lodging, alcohol, tobacco, gaming, and other state-regulated activities. | North Dakota Secretary of State start page, Tax Commissioner new business page, and the specific licensing board. |
| County | Some local taxes, health functions in certain areas, planning and zoning outside city limits, building or septic issues, and local permits. | Your county auditor, planning and zoning office, public health office, or building office. |
| City | Activity-specific business licenses, zoning approval, home occupation rules, building permits, fire permits, signs, local alcohol or taxi rules, and certificates of occupancy when required. | Your city clerk, auditor, licensing office, planning office, inspections office, or permit portal. |
| Private platforms | Marketplace rules for Etsy, Amazon, Shopify, delivery apps, booking platforms, payment processors, landlords, insurers, or lenders. | The platform’s seller agreement or your contract. These are not government licenses, but they may require proof of registration or permits. |
State business registration in North Dakota
The North Dakota Secretary of State says state law requires businesses to register with the Office of the Secretary of State before transacting business unless the owner is doing business solely using the owner’s personal name.
Most business registrations and maintenance filings are done through the FirstStop Portal. This is where many owners file LLCs, corporations, trade names, fictitious partnership names, annual reports, and certain state registrations.
What this filing does
A Secretary of State filing creates or records the business with the state. It may protect a business name in North Dakota, create a public record, and allow the state to track required annual reports or renewals.
What this filing does not do
It does not automatically give you every permit you need. You may still need a sales tax permit, local zoning approval, health license, contractor license, alcohol or tobacco license, building permit, or professional license.
Watch this: An LLC is not a business license. An LLC is a legal structure. A license or permit is permission from a government agency to do a specific activity.
Trade names, DBAs, and fictitious partnership names
North Dakota uses the term trade name for many DBA situations. The Secretary of State explains that a trade name is used by a sole proprietor or other business when the name does not include the required legal name. The state also says an acronym, shortened name, or abbreviated version of the actual business name can be treated as a trade name.
Trade names are registered through FirstStop. The Secretary of State says trade name registrations must be renewed every 5 years. The listed trade name registration fee is $25.
For partnerships, North Dakota also uses the term fictitious partnership name when a partnership uses a name that does not include the actual name of the organization or partners.
| If you operate as… | Name issue to check | Where to check |
|---|---|---|
| Sole proprietor using only your personal legal name | You may not need a separate trade name filing, but confirm if your activity requires a license or tax account. | Secretary of State and relevant licensing or tax agency. |
| Sole proprietor using a business name | You may need to register a trade name. | Secretary of State register a business page. |
| LLC or corporation using its legal name | File or maintain the entity name with the Secretary of State. | FirstStop Portal. |
| LLC or corporation using a shorter public name | The shorter name may be a trade name. | FirstStop trade name filing. |
| Partnership using a name that does not show the actual partner names | Check fictitious partnership name rules. | Secretary of State partnership and trade name guidance. |
Name check tip: North Dakota’s Secretary of State makes the final decision on name availability. A search result is helpful, but it is not the same as an approved filing.
Sales tax, seller’s permits, and ND TAP
Many people call this a “seller’s permit.” In North Dakota, the official term is usually Sales and Use Tax Permit.
The Office of State Tax Commissioner says North Dakota imposes sales tax on retail sales. The state sales tax rate is 5% for most retail sales. Local city and county sales and use taxes may also apply.
The Tax Commissioner says sellers that sell taxable tangible personal property, admissions to recreational activities, and rental lodging accommodations must obtain a sales tax permit. The state says you should apply for the permit 30 days before opening for business. If you buy an existing business, you must apply for a new sales tax permit because permits are not transferable.
North Dakota tax accounts and returns are handled through North Dakota Taxpayer Access Point, or ND TAP.
Do not skip the location check: North Dakota cities and counties may have local sales and use taxes, lodging taxes, lodging and restaurant taxes, or motor vehicle rental taxes. Use the state’s official rate lookup for the exact location before you charge customers.
If you hire employees in North Dakota
Employer setup is separate from a business license. If you hire employees, you may need federal, state tax, unemployment, workers’ compensation, and labor-law steps.
| Employer item | Agency | What to know |
|---|---|---|
| Federal EIN | IRS | The IRS says businesses generally need an EIN to hire employees, operate a partnership or corporation, or pay certain taxes. |
| North Dakota income tax withholding | Office of State Tax Commissioner | The Tax Commissioner says an employer must withhold North Dakota income tax from wages paid to an employee if the employee performs services in North Dakota or the business is based in North Dakota. |
| Unemployment insurance | Job Service North Dakota | Job Service North Dakota says employers must register for unemployment insurance within 20 days after first employing workers. |
| Workers’ compensation | Workforce Safety & Insurance | WSI says most businesses must have workers’ compensation coverage before hiring their first employee. |
| Labor law and workplace requirements | North Dakota Department of Labor and Human Rights and federal agencies | Check wage, posting, worker classification, youth labor, and other employment rules before payroll begins. |
Payroll timing tip: Set up employer accounts before you pay wages. Do not wait until the first quarterly report is due.
Industry-specific North Dakota licenses
Some businesses need a state license because of what they do. This is separate from entity registration.
| Business type or activity | North Dakota agency to check | Important note |
|---|---|---|
| Contractors | North Dakota Secretary of State | The Secretary of State says a contractor must be licensed when the cost, value, or price of a job exceeds $4,000. |
| Home inspectors, lobbyists, athlete agents, PEOs, professional fundraisers, and combative sports | North Dakota Secretary of State Licensing and Registration | The Secretary of State lists these as occupations that may require a license or registration from that office. |
| Alcohol, amusement games, fireworks wholesalers, polygraph operators, tobacco, and transient merchants | North Dakota Attorney General Licensing Section | The Attorney General says local city or county requirements may also apply. |
| Food businesses, food processors, retail food stores, restaurants, mobile food, and lodging-related food operations | North Dakota Health and Human Services Food and Lodging or a local public health agency | HHS says to determine the license type, determine jurisdiction, contact local planning and zoning, and submit plans before constructing, remodeling, or operating. |
| Temporary food service | North Dakota HHS Food and Lodging or local public health agency | HHS says the location determines the licensing and inspection authority, and there is no reciprocity for temporary food service licensing. |
| Electrical, plumbing, asbestos, financial, securities, insurance, health, child care, cosmetology, and other regulated work | Specific state board or agency | Use the state board or agency that regulates your exact activity. Do not rely only on the Secretary of State filing. |
City and county rules still matter
Even if North Dakota does not issue one statewide general business license, your city or county may require approvals for your location, activity, signs, building work, food service, alcohol, taxi or transport services, contractors, pawn or secondhand sales, special events, and other activities.
Local rules vary. Fargo, Bismarck, Grand Forks, and Minot do not all use the same structure.
| City | What the official city source says | Where to check |
|---|---|---|
| Fargo | Fargo says the city does not require business licenses for every type of commerce, but city code requires licenses for listed businesses. | Fargo Business & Occupational Licensing |
| Bismarck | Bismarck says it does not presently have a general business license, but certain occupations may require a license or permit specific to that use. | Bismarck New Business Licenses and Permits |
| Grand Forks | Grand Forks says not all businesses need a city license. It also has city contractor licensing rules for contractors doing business within city boundaries. | Grand Forks Business License page and Grand Forks Contractor Licenses |
| Minot | Minot says the city does not require business licenses, but its permit page lists activity-specific permits and licenses such as alcoholic beverage, excavation, pawnbroker, secondhand dealer, taxi, towing, right-of-way, building, and other permits. | Minot Permits & Licenses |
Local approval can come before state licensing: For location-based businesses, check zoning and building rules before you sign a lease, buy equipment, or apply for a state health or industry license.
Home-based businesses in North Dakota
A home-based business is not automatically exempt from registration, taxes, zoning, or licensing. The correct answer depends on what you do and where the home is located.
Start with these checks:
- Will you operate under a business name instead of your personal name? Check trade name rules.
- Will you sell taxable products, admissions, lodging, or other taxable items? Check ND TAP for a Sales and Use Tax Permit.
- Will customers, employees, deliveries, signs, equipment, or inventory be at the home? Check city, township, or county zoning.
- Will you prepare, store, package, or sell food? Check North Dakota HHS Food and Lodging or the local public health agency before buying equipment.
- Will you do construction, repair, beauty, child care, health, financial, transportation, alcohol, tobacco, or other regulated work? Check the state board or agency.
- Do you rent your home or live in an HOA area? Check your lease, HOA rules, and insurance coverage. These are private rules, not government licenses.
North Dakota city guides on BusinessLicenseGuide
Use these city guides when your business is inside those city limits. Local rules can change by address, so always confirm with the official city office before applying.
Official North Dakota agency directory
| Need | Official office | Use it for |
|---|---|---|
| LLC, corporation, trade name, annual report, some licensing records | North Dakota Secretary of State Business Services | Business registration, FirstStop filings, business search, trade names, contractor licensing records, annual reports. |
| Online state business filings | FirstStop Portal | Start and maintain many North Dakota business filings online. |
| Sales tax, use tax, withholding, business tax accounts | North Dakota Office of State Tax Commissioner | Tax permits, sales and use tax rules, ND TAP, local sales tax lookup, withholding accounts. |
| Tax portal | North Dakota Taxpayer Access Point | Apply for permits, file returns, make payments, and manage state business tax accounts. |
| Unemployment insurance | Job Service North Dakota | Employer unemployment insurance registration, wage reports, UI EASY. |
| Workers’ compensation | North Dakota Workforce Safety & Insurance | Workers’ compensation coverage for employers. |
| Food, lodging, food service, retail food, temporary food | North Dakota Health and Human Services Food and Lodging | Food establishment licensing, plan review, inspections, food code, jurisdiction guidance. |
| Alcohol, tobacco, fireworks wholesalers, gaming, transient merchants | North Dakota Attorney General Licensing Section | State licenses for listed regulated activities. |
| Federal EIN | Internal Revenue Service | Federal employer identification number and federal tax setup. |
| Federal industry permits | U.S. Small Business Administration | Federal license and permit overview for federally regulated activities. |
Common mistakes to avoid
- Calling every requirement a business license. A tax permit, trade name, LLC, zoning approval, health license, and contractor license are different things.
- Assuming the state filing covers local rules. A FirstStop filing does not automatically approve your city location, sign, building work, food operation, or home occupation.
- Using a DBA before checking North Dakota trade name rules. A business name search is not the same as an approved filing.
- Applying for sales tax too late. North Dakota says sellers should apply for a Sales and Use Tax Permit 30 days before opening.
- Buying an existing business and using the old permit. North Dakota says sales tax permits are not transferable.
- Forgetting local taxes. City and county taxes may apply on top of North Dakota’s state sales tax.
- Hiring workers before employer accounts are ready. Check IRS EIN, North Dakota withholding, Job Service North Dakota, and WSI before payroll starts.
- Assuming every city works like Fargo or Bismarck. Local licensing and permit terms differ by city.
- Starting regulated work without the industry license. Contractors, food businesses, alcohol sellers, tobacco sellers, and other regulated businesses may need special approvals before operating.
What to ask when you contact the agency
Before calling or emailing, write down your business type, city, county, address or general location, whether it is home-based, mobile, storefront, online, or temporary, and the products or services you will sell.
Phone or email script
Hello, I am planning to operate a [business type] in [city], [county], North Dakota. The business will be [home-based / mobile / storefront / online / temporary] at [address or general location]. I plan to sell or provide [products or services]. Can you confirm whether I need any license, permit, registration, zoning approval, inspection, tax account, certificate of occupancy, or another office’s approval before I start? If your office does not handle this, which office should I contact next?
Ask for the answer in writing when possible, or write down the date, office, person you spoke with, and the exact next step.
- Write down the exact license, permit, or registration name.
- Ask whether the rule is state, county, city, or federal.
- Ask whether zoning approval is needed before applying.
- Ask whether a plan review, inspection, certificate of occupancy, or fire approval is needed.
- Ask where the application and current fee schedule are posted.
- Ask whether you must apply before signing a lease, buying equipment, hiring workers, or opening.
- Ask whether renewal, reporting, or annual filings apply.
Step-by-step North Dakota business license checklist
- Describe your business in one sentence. Include what you sell, how you deliver it, and where it happens.
- Choose your business structure. Decide whether you will be a sole proprietor, LLC, corporation, partnership, or another structure.
- Search your business name in FirstStop. Check availability before spending money on branding.
- Register with the Secretary of State if required. Use FirstStop for entity filings, trade names, fictitious partnership names, and other filings.
- Get an EIN if needed. Use the IRS directly. The IRS EIN application is free.
- Check ND TAP for tax accounts. Apply for a Sales and Use Tax Permit if you make taxable sales. Check withholding if you will have employees.
- Check state industry licenses. Look at the Secretary of State, Attorney General, HHS Food and Lodging, and any professional board that regulates your work.
- Check city and county rules. Contact the city or county where the business operates. Ask about licensing, zoning, building, signs, fire, health, and home occupation rules.
- Set up employer accounts before hiring. Check IRS, North Dakota withholding, Job Service North Dakota UI EASY, and WSI.
- Save proof and renewal dates. Keep copies of filings, permits, inspections, emails, account numbers, renewal dates, and agency contacts.
Official sources used
- North Dakota Secretary of State: Start a Business
- North Dakota Secretary of State: Register a Business
- North Dakota Secretary of State FirstStop Portal
- North Dakota Secretary of State: Licensing and Registration
- North Dakota Secretary of State: Contractors
- North Dakota Office of State Tax Commissioner: Starting a New Business
- North Dakota Office of State Tax Commissioner: Sales and Use Tax
- North Dakota Office of State Tax Commissioner: Local Taxes
- North Dakota Taxpayer Access Point
- Job Service North Dakota: Employer’s Guide
- Job Service North Dakota: UI EASY
- North Dakota Workforce Safety & Insurance: Employers
- North Dakota Attorney General: Licensing
- North Dakota HHS: Start a Food Business
- North Dakota HHS: Temporary Food Service
- City of Fargo: Business and Occupational Licensing
- City of Bismarck: New Business Licenses and Permits
- City of Grand Forks: Business License
- City of Grand Forks: Contractor Licenses
- City of Minot: Permits and Licenses
- IRS: Get an Employer Identification Number
- U.S. Small Business Administration: Apply for Licenses and Permits
Review note
This page was reviewed against North Dakota state agency pages, official tax pages, employer resources, and selected city sources. Rules, fees, portals, forms, and local requirements can change. Confirm important details with the official agency before you file, pay, sign a lease, hire workers, or open.
FAQ
Does North Dakota have a statewide general business license?
North Dakota’s official start-up path does not show one all-purpose statewide general business license. Most businesses should check Secretary of State registration, trade name rules, ND TAP tax permits, industry licenses, and local city or county approvals.
Do I have to register my business with the North Dakota Secretary of State?
The North Dakota Secretary of State says state law requires businesses to register before transacting business unless the owner is doing business solely using the owner’s personal name. Check FirstStop for your structure and name situation.
What is a DBA called in North Dakota?
North Dakota commonly uses the term trade name. A partnership may also need a fictitious partnership name filing if it uses a name that does not include the actual organization or partner names.
Where do I get a North Dakota sales tax permit?
North Dakota sales and use tax permits are handled through North Dakota Taxpayer Access Point, also called ND TAP. The Tax Commissioner says sellers should apply for a permit 30 days before opening when a permit is required.
Do North Dakota cities require business licenses?
It depends on the city and activity. Fargo licenses certain listed businesses. Bismarck says it does not presently have a general business license but certain occupations may need permits. Minot says it does not require business licenses but lists many activity-specific permits and licenses.
Do home-based businesses need licenses in North Dakota?
A home-based business may still need state registration, a trade name, a sales tax permit, a professional or industry license, and local zoning approval. Check the city, township, or county before operating from home.
When does a contractor need a North Dakota contractor license?
The North Dakota Secretary of State says a contractor must be licensed when the cost, value, or price of a job exceeds $4,000. Local contractor licensing or permits may also apply in cities such as Grand Forks or Fargo.
What employer accounts do I need in North Dakota?
If you hire employees, check the IRS for an EIN, the North Dakota Office of State Tax Commissioner for withholding, Job Service North Dakota for unemployment insurance, and Workforce Safety & Insurance for workers’ compensation coverage.
Next Review: July 25, 2026
Disclaimer
This guide is for general information only. It is not legal, tax, financial, insurance, immigration, employment, safety, or professional advice. Rules, prices, forms, portals, and agency policies can change. Confirm important details with the official agency or a qualified professional before acting.