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Incentive Certification Forms

Primary Sector Certification

Most of the state's economic development tools and incentives are targeted toward primary sector businesses. In fact, legislation for several of these incentives specifies that a business must be 'certified' as a primary sector business by the director of the Economic Development & Finance Division of the North Dakota Department of Commerce. Certification does not guarantee receipt of any incentive, but being certified as a primary sector business can be an important first step in the process.

Primary Sector Certification
File Size: 114 kb

"Primary sector business" means an individual, corporation, limited liability company, partnership, or association which through the employment of knowledge or labor adds value to a product, process, or service that results in the creation of new wealth. The term includes tourism but does not include production agriculture.

Programs and incentives that may require certification include:

 


Research & Development Company Certification
File Size: 49 kb

A business must be certified as a "qualified research and development company" before a taxpayer can elect to sell, transfer, or assign all or part of its unused Research and Experimental Expenditure Tax Credit.
 
Seed Capital Investment Tax Credit
File Size: 131 kb

A taxpayer is entitled to a credit against state income tax liability if they make a qualified investment in a "qualified business" for the Seed Capital Tax Credit.
 


Agricultural Business Investment Tax Credit
File Size: 50 kb

A taxpayer is entitled to a credit against state income tax liability if there is a qualified investment in a "qualified business" for the Agricultural Business Tax Credit.
 


Angel Fund Certification
File Size: 180 kb

To be eligible for the Angel Investor Tax Credit, an angel fund must be certified by the North Dakota Department of Commerce. Criteria for certification can be found in the certification form, as well as in N.D.C.C. 57-38-01.26 at http://www.legis.nd.gov/cencode/t57c38.pdf#nameddest=57-38-01p26.  

Effective July 1, 2017, angel funds must meet new conditions to become certified and for investors to receive the Angel Investor Tax Credit against their income tax liability.  Applications for certification must be approved prior to a fund investing in a qualified business for which investors intend to submit claims for a tax credit.
 
SEE ALSO: QUALIFIED BUSINESS FOR THE ANGEL INVESTOR TAX CREDIT


Qualified Business for Angel Investor Tax Credit
File Size: 177 kb

Recent legislative changes also include criteria for investments into an in-state or out-of-state “qualified business”. These businesses must  be certified by the North Dakota Department of Commerce prior to receiving investment dollars from a certified angel fund.


Safe-Harbor Application for a Life Science Animal-Use Certified Company
File Size: 56 kb

Use this form only for application for a life science animal-use certified company in the state of North Dakota by the North Dakota Department of Commerce Division of Economic Development and Finance as defined in N.D.C.C. 54-34.3-16. 
 


Technology-Based Entrepreneurship Certification
File Size: 130 kb

Certification as an entrepreneurial center provides access to the Technology-based Entrepreneurship Grant Program, administered by the North Dakota Department of Commerce. Certification as an entrepreneurial center does not guarantee funding. An entity already certified as an entrepreneurial center for the New Venture Capital Program is already eligible for the Technology-based Entrepreneurship Grant Program and does not need to submit again."
 


Automation Tax Credit Qualification
File Size: 120 kb

A taxpayer that is a primary sector business is allowed a nonrefundable credit against the tax imposed under section 57-38-30 or 57-38-30.3 for purchases of manufacturing machinery and equipment for the purpose of automating manufacturing processes in this state.


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