Updated: July 30, 2026
OPRS may receive compensation when readers open an account through partner links on this page. Our analysis is based on independent research, BBB data, and IRS publications.
30-second verdict
- North Dakota taxes IRA distributions under the Personal Income Tax chapter (N.D. Cent. Code Chapter 57-38) at three brackets of 0 percent, 1.95 percent, and 2.5 percent after the HB 1158 reform of 2023. The 2.5 percent top bracket starts at taxable income above roughly 245,000 dollars single and 299,000 dollars joint (inflation-adjusted annually).
- The zero-percent bracket protects the first slice of every retiree’s income. For 2025 returns filed in 2026, the bracket covers the first roughly 48,475 dollars single and 80,925 dollars joint of North Dakota taxable income. A modest gold IRA distribution may fall entirely inside the zero bracket.
- The Social Security subtraction under N.D.C.C. Section 57-38-30.3 removes 100 percent of federally taxable Social Security benefits from the North Dakota base, with no AGI cap after the 2021 HB 1043 reform and subsequent expansions. The subtraction does not reach IRA distributions themselves.
- North Dakota has no state estate tax. The state-level pickup tax became inoperative in 2005 when the federal credit for state death taxes phased out. The state has never imposed an inheritance tax.
- North Dakota imposes no state-level early-distribution penalty parallel to federal IRC Section 72(t). California charges 2.5 percent under R&TC Section 17085; Wisconsin charges 33 percent under Statute 71.83(1)(b)6; North Dakota charges zero on the same pre-59-and-a-half dollar.
- No North Dakota-based IRS-approved depository operates. Metals for a North Dakota-resident self-directed gold IRA are stored at Delaware Depository, IDS of Texas, Brink’s Salt Lake City, or HSBC New York. Fargo, Bismarck, Grand Forks, Minot, Williston, and Dickinson receive standard armored-carrier delivery for in-kind distributions, with longer transit times than most lower-48 states.
A North Dakota resident who funds a self-directed gold IRA from a rolled balance and then takes a distribution faces both a federal and a state tax question. North Dakota conforms to the federal contribution and distribution mechanics at the structural level. The state diverges on the bracket structure (three brackets capped at 2.5 percent), the Social Security treatment (fully exempt), and the estate-side posture (no state-level transfer tax).
Element I is the North Dakota Personal Income Tax baseline. The Office of State Tax Commissioner collects income tax on wages, IRA distributions, pension benefits, capital gains, and most categories of income, with the zero-percent first bracket absorbing the bottom slice for every filer. Social Security benefits are fully excluded.
See the dealers OPRS clears and the ones we warn against before any distribution. The custodian’s reporting discipline determines whether the North Dakota return reconciles cleanly to the federal Form 1099-R.
Element II is the retirement-income subtraction stack. North Dakota does not parallel the New Jersey Pension Exclusion or the New York 20,000-dollar IRA exclusion. The state’s main retirement-income protection is the Social Security subtraction, layered on top of the broad zero-percent first bracket that already protects modest household income.
Element III is the estate-side analysis (no state tax) and inheritance-tax analysis (also no state tax). Element IV is the depository-and-shipping question, which routes through Delaware, Texas, Utah, or New York for any in-kind delivery to a North Dakota ZIP code. Winter weather and rural routing add meaningful delivery-window risk during the November through March window.
How North Dakota taxes traditional IRA distributions: the baseline
North Dakota is not a no-state-income-tax state, but it carries one of the lowest top marginal rates in the United States at 2.5 percent.
The Individual Income Tax under N.D. Cent. Code Chapter 57-38 applies to most income categories at three graduated brackets after the HB 1158 reform of 2023. The post-reform schedule sets a 0 percent bracket on the first slice of taxable income, a 1.95 percent bracket on the middle slice, and a 2.5 percent bracket on the top slice.
For single filers in 2025 (returns filed in 2026), the 0 percent bracket runs from zero to roughly 48,475 dollars of North Dakota taxable income. The 1.95 percent bracket runs from there to roughly 245,925 dollars. The 2.5 percent bracket applies above that threshold.
For married filing jointly, the 0 percent bracket runs to roughly 80,925 dollars and the 1.95 percent bracket runs to roughly 299,300 dollars. Bracket thresholds are indexed annually under N.D.C.C. Section 57-38-30 and may shift modestly for the 2026 tax year.
N.D.C.C. Section 57-38-30 defines taxable income for North Dakota purposes by reference to federal taxable income, with state-level additions and subtractions. The same income that flows into federal Form 1040 line 4b (taxable IRA distribution) appears on North Dakota Form ND-1 as part of base income. Unlike New Jersey, North Dakota does not require a separate basis-pool reconciliation because the state has historically conformed to the federal Section 219 deduction.
The federal Form 1099-R taxable amount and the North Dakota taxable amount are usually the same number on the same distribution, before applying North Dakota-specific subtractions such as the Social Security exclusion under N.D.C.C. Section 57-38-30.3. The state-tax question reduces to: in which bracket the residual taxable income falls, after subtractions, on the dollar of distribution.
A 67-year-old North Dakota resident takes a 50,000-dollar traditional IRA distribution as a single filer with 18,000 dollars of Social Security benefits and no other significant taxable income. The Social Security subtraction zeros the Social Security slice under N.D.C.C. Section 57-38-30.3. After the standard deduction (conformed to the federal amount under N.D.C.C. Section 57-38-30.4),
the residual taxable income lands well inside the zero-percent first bracket. The North Dakota income tax on the distribution lands at zero dollars in many such single-distribution scenarios.

Precious metals IRA early-withdrawal penalty estimator
Taking money out of a precious metals IRA before age 59 and a half triggers a 10% federal additional tax on top of ordinary income tax. State add-on taxes vary; check your state. The federal penalty is estimated below.
Estimate only, not tax advice. The 10% federal additional tax applies to early distributions before age 59 and a half; specific exceptions exist. Your state may add its own tax, and ordinary income tax applies separately. Source: IRS Publication 590-B. Consult a tax advisor.
The right dealer explains every fee up front. Get Augusta's free precious metals IRA company checklist.
The Social Security subtraction and the zero-bracket floor
North Dakota passed HB 1043 in 2021 to exempt Social Security benefits from state income tax for taxpayers below specified AGI thresholds. Subsequent legislation broadened the exclusion.
The current statute at N.D.C.C. Section 57-38-30.3 excludes 100 percent of federally taxable Social Security benefits from North Dakota taxable income for most retired households. Combined with the federal Form 1040 line 6b taxable Social Security treatment, the practical result is that Social Security benefits drop out of the North Dakota base for the vast majority of retired filers.
The Social Security subtraction does not reach IRA distributions. A North Dakota retiree with 30,000 dollars of Social Security benefits and a 40,000-dollar traditional IRA distribution applies the subtraction to the Social Security side only. The IRA distribution remains taxable at the North Dakota graduated rates, subject to the standard deduction and the first-bracket zero treatment on the residual.
The structural protection that helps a North Dakota retiree most on an IRA distribution is the breadth of the zero-percent first bracket itself. A 48,475-dollar bracket floor for single filers (and 80,925-dollar floor for joint filers) is meaningfully wider than the standard-deduction-only protection in Idaho, Montana, or Minnesota. A modest IRA distribution layered on top of a fully exempt Social Security stream often does not cross into the 1.95 percent bracket at all.
N.D.C.C. Section 57-38-30.3 also addresses military retirement pay. Federal military retirement benefits are excluded from North Dakota taxable income under the same statutory section. The exemption applies to current military retirement pay only, not to a traditional or self-directed IRA funded by a prior military rollover. The funding source mattered at rollover; the distribution is a generic IRA distribution at withdrawal.

Residency, prior-state rollovers, and the cross-state planning line
North Dakota has no reciprocity agreement parallel to the New Jersey-Pennsylvania compact for IRA distributions. The state shares wage-income reciprocity with Minnesota under N.D.C.C. Section 57-38-01.16 for cross-border commuters, but the reciprocity does not extend to retirement income. A North Dakota resident who takes an IRA distribution pays North Dakota income tax on the distribution regardless of the prior state where the rollover originated. The state of residence at the moment of distribution controls the state-tax outcome.
The federal Pension Source Tax Act of 1996 codified at 4 U.S.C. Section 114 preempts a former-state claim on IRA distributions paid to a current resident of another state. A retiree who rolled a Minnesota 401(k) into a North Dakota-domiciled IRA and then takes a distribution as a North Dakota resident pays North Dakota tax on the distribution, not Minnesota tax. Minnesota cannot reach the dollar under the federal preemption.
The cross-border move to South Dakota is the dominant interstate planning question in the region. A retiree who relocates from North Dakota to South Dakota (or to Wyoming, Florida, Texas, Nevada, or any other no-state-income-tax state)
avoids North Dakota income tax on IRA distributions paid after the new state’s residency is cleanly established. The Office of State Tax Commissioner may open a residency audit on the move year, but a clean South Dakota domicile (driver’s license, voter registration, primary residence) protects post-move distributions.
The reverse path is rarer because the North Dakota top rate of 2.5 percent already sits well below the rates in Minnesota (6.75 percent), Montana (5.9 percent), and most other neighbors. The dollar saved by relocating from North Dakota to South Dakota on a 50,000-dollar IRA distribution is modest for households inside the zero-bracket floor, and material for high-income households above the 1.95 percent or 2.5 percent thresholds.
Documentation discipline matters in either direction. Update the IRA custodian’s address of record. Update the Form W-4P or W-4R withholding election. Re-register vehicles and update the driver’s license. Run the dealer screen in parallel so the custodian conversation aligns with a clean residency record before the first distribution post-move.
Federal mechanics that still apply: 72(t), RMDs, and withholding
North Dakota’s state-tax overlay does not erase the federal mechanics on a gold IRA. The IRC Section 72(t) 10 percent additional tax on pre-59-and-a-half distributions applies in full. The exceptions are the same federal exceptions that apply in every state. They include medical expenses above 7.5 percent of AGI, qualified higher education expenses, first-time homebuyer (10,000 dollars lifetime), substantially equal periodic payments under Section 72(t)(2)(A)(iv), and the public safety officer age-50 exception under Section 72(t)(10).
North Dakota does not impose a parallel state-level additional tax on early distributions. A North Dakota-resident participant who takes a pre-59-and-a-half traditional IRA distribution pays the federal 10 percent additional tax plus the North Dakota marginal rate on the distribution (which may be zero if the distribution lands inside the first bracket). There is no North Dakota mini-penalty layered on top of the federal Section 72(t).
The SECURE Act 2.0 amended IRC Section 401(a)(9). The required minimum distribution age is 73 for participants born between 1951 and 1959. It is 75 for participants born in 1960 and after.
The Office of State Tax Commissioner does not impose a parallel state-level RMD rule. The RMD itself is a federally mandated minimum distribution; North Dakota applies its income tax to whatever amount is distributed in the calendar year, with the same bracket and subtraction stack as any other IRA distribution.
The withholding default on a traditional IRA distribution to a North Dakota resident is 10 percent federal withholding under IRC Section 3405(b)(1) unless the participant elects out on Form W-4R. North Dakota state withholding on IRA distributions is voluntary. The participant may elect North Dakota withholding by filing the appropriate form with the custodian, but the default is no state withholding. Underpayment can trigger North Dakota estimated-tax penalties under N.D.C.C. Section 57-38-62.
An indirect rollover (60-day rollover under IRC Section 408(d)(3)) subjects the participant to a mandatory 20 percent federal withholding on a distribution from an employer plan to the participant before re-deposit. The North Dakota resident pays 20 percent to the IRS during the 60-day window. A direct trustee-to-trustee transfer avoids the withholding entirely and is the standard practice for self-directed gold IRA funding from a prior employer plan.
No state estate tax, no state inheritance tax, and the 2026 federal sunset
North Dakota has no state estate tax. The state historically imposed a pickup tax tied to the federal credit for state death taxes. The federal credit was phased out by EGTRRA between 2002 and 2005, which rendered the North Dakota pickup tax inoperative. The legislature has not re-enacted a stand-alone state estate tax in the years since. The relevant statute at N.D.C.C. Chapter 57-37.1 remains on the books but is dormant.
North Dakota has never imposed a state inheritance tax. A self-directed gold IRA passing by beneficiary designation to a North Dakota-resident beneficiary triggers no state-level transfer tax at the participant’s death, regardless of beneficiary classification (spouse, child, sibling, niece, friend, charity). The federal estate tax under IRC Section 2001 still applies above the federal exclusion amount.

The federal estate-tax exclusion is set to sunset from the doubled level on January 1, 2026 absent congressional action. The pre-sunset exclusion was 13.99 million dollars per individual in 2025. The post-sunset exclusion is projected at approximately 7 million dollars per individual after inflation adjustment. The North Dakota state position is unchanged either way: no state-level estate or inheritance tax applies to a North Dakota-resident decedent’s gold IRA balance at any beneficiary classification.
The federal sunset still matters for high-net-worth North Dakota households with combined IRA, taxable, agricultural-real-estate, and oil-and-gas mineral-interest balances above the projected 7-million-dollar threshold per individual. Federal Form 706 (United States Estate Tax Return) becomes operative at the higher of the gross estate or the unified credit threshold. Estate planning around portability elections under IRC Section 2010(c)(5) and qualified disclaimers under IRC Section 2518 continues to matter at the federal layer, especially for Bakken-mineral families with concentrated illiquid holdings.
Depository, custodian, and shipping considerations from North Dakota
The IRS does not approve any depository located in North Dakota. Self-directed gold IRA metals for a North Dakota-resident participant are held at one of the standard out-of-state IRS-approved depositories.
The most common include Delaware Depository (Wilmington, Delaware), International Depository Services of Texas (Dallas), Brink’s Global Services USA (regional vaults in Salt Lake City and Los Angeles), and HSBC Bank USA vaults in New York. From a Fargo or Bismarck ZIP code, Salt Lake City sits roughly 950 miles by road, Dallas roughly 1,150 miles, and Wilmington roughly 1,600 miles. None is operationally local in the way an in-state vault would be.
The depository choice is set by the custodian, not the participant. A self-directed IRA custodian such as Equity Trust, STRATA Trust Company, Kingdom Trust, or Madison Trust holds standing relationships with specific depositories. A North Dakota-resident participant selects the custodian; the custodian selects the depository from its approved list. The participant can confirm the depository in writing at account opening.
An in-kind distribution to a North Dakota-resident participant ships from the depository via insured carrier. The carrier is typically Brink’s, Loomis, or a similar armored-transport firm. The shipping cost is borne by the participant and is not deductible because the distribution itself is the taxable event.
Shipping fees commonly run from 250 to 700 dollars per shipment. The cost depends on insured value and destination ZIP code. Rural western North Dakota ZIP codes sit at the higher end of the range due to lower carrier density and longer routing legs.
Fargo, Bismarck, Grand Forks, Minot, Dickinson, and Williston receive standard armored-carrier service. The Interstate 94 and Interstate 29 corridors carry most armored routes through Fargo and Bismarck.
Counties along the Canadian border (Bottineau, Rolette, Cavalier, Pembina) and the western Bakken counties (McKenzie, Mountrail, Dunn) often face a one-to-two-day routing premium during winter weather windows. Insured-carrier service may be paused during severe blizzard conditions, which is a real consideration between November and March for any in-kind distribution scheduled in the calendar fourth quarter.
An in-cash distribution avoids the shipping question entirely. The depository sells the metal at the spot price on the distribution date. The cash proceeds are wired to the participant’s bank or sent by ACH. The federally taxable amount is the cash distribution amount on Form 1099-R Box 1. The North-Dakota-taxable amount is the same cash amount, subject to the standard deduction and the bracket schedule on the residual.
Property tax, sales tax, and the broader North Dakota retirement landscape
North Dakota carries a moderate statewide median effective property tax rate, in the range of 0.95 to 1.0 percent of assessed value, materially below the New Jersey 2.2 percent rate or the Illinois 2.0 percent rate.
The Primary Residence Credit enacted under 2023 HB 1158 provides up to 500 dollars in property tax relief for owner-occupied homestead property, applied as a credit on the county tax statement. The credit is administered by the Office of State Tax Commissioner under N.D.C.C. Chapter 57-02.
The Homestead Property Tax Credit under N.D.C.C. Section 57-02-08.1 provides additional relief for qualifying senior or disabled homeowners based on income. Both programs require a North Dakota residency test and a homestead-residence test. A North Dakota retiree drawing modest IRA distributions can typically combine the Primary Residence Credit with the Homestead Credit for meaningful property tax reduction, especially in higher-value Fargo and Bismarck submarkets.
North Dakota imposes a state sales tax of 5 percent under N.D.C.C. Chapter 57-39.2. Counties and municipalities may layer local sales taxes; effective combined rates range from 5 percent in rural counties without a local add-on to roughly 8 to 8.5 percent in some Fargo, Grand Forks, and Bismarck jurisdictions.
Coin and bullion sales above a threshold are exempt under N.D.C.C. Section 57-39.2-04(50): coin and bullion transactions where the precious metal content is the basis of value, with an exemption for sales exceeding 1,000 dollars in a single transaction.
An IRA distribution is not a sale of goods or services; the sales tax does not reach the distribution itself. A retail metals purchase made in person at a North Dakota coin dealer above the 1,000-dollar exemption threshold avoids sales tax under the precious-metals exemption. A self-directed gold IRA purchase routes through the custodian and ships directly to the out-of-state depository, which falls outside any North Dakota nexus question.
The combined North Dakota retirement-tax landscape is favorable. The Social Security subtraction handles the bulk of Social Security income with no AGI cap.
The zero-percent first bracket handles a meaningful slice of other income, including modest IRA distributions. The absence of state estate tax and state inheritance tax removes a major estate-side line item. The IRA-distribution slice itself is exposed to a maximum statutory rate of 2.5 percent, which is among the three or four lowest top-bracket rates in the country.
Common mistakes North Dakota retirees make on a gold IRA
- Assuming North Dakota tax is zero on every IRA distribution. The first-bracket protection is broad but not unlimited. A 200,000-dollar IRA distribution to a single filer crosses into the 1.95 percent bracket on a meaningful slice. The zero-bracket floor is a planning advantage, not a blanket exemption. Model the bracket math before electing a large distribution amount.
- Confusing the Minnesota wage reciprocity with retirement-income reciprocity. The N.D.C.C. Section 57-38-01.16 reciprocity with Minnesota applies to wage and salary income for cross-border commuters. It does not extend to IRA distributions, pension income, or other retirement income. A retiree who worked in Minnesota and now lives in North Dakota pays North Dakota tax on IRA distributions; Minnesota cannot reach the dollar under 4 U.S.C. Section 114.
- Missing the SECURE 2.0 RMD age update. A 73-year-old North Dakota participant born in 1953 is under the age-73 rule. A 65-year-old participant born in 1961 is under the age-75 rule. The custodian’s automated RMD calculation should reflect the birth-year cohort. The North Dakota income tax applies to whatever is distributed in the calendar year, subject to the bracket schedule.
- Assuming North Dakota has a parallel pension exclusion. Several Eastern and Mid-Atlantic states (New Jersey, New York, Maryland) offer pension exclusions in the 20,000 to 100,000-dollar range. North Dakota does not. The Social Security subtraction and the broad zero-percent first bracket are the available protections; both are structurally generous but narrowly scoped at the statute level.
- Ignoring winter shipping risk for in-kind distributions. Insured-carrier service to North Dakota ZIP codes can be paused during severe winter weather between November and March. A participant planning an in-kind distribution in the calendar fourth quarter should coordinate with the custodian on shipping windows, or elect cash distribution and self-purchase post-distribution if physical possession is the goal.
- Skipping dealer vetting because the North Dakota rules are mild. The state-tax burden is among the lowest in the country, which can lull a participant into deprioritizing the dealer-selection layer. The dealer, custodian, depository, fee schedule, and buyback policy are the operational decision regardless of state. Check this dealer against the 2026 OPRS list before any custodian conversation.
What changed in 2026 for a North Dakota gold IRA participant
The federal contribution and distribution rules continue to evolve. The IRA contribution limit for 2025 was 7,000 dollars (under age 50) and 8,000 dollars (age 50 and older catch-up) under IRC Section 219(b)(5). The 2026 figures are released by IRS Revenue Procedure for the 2026 tax year. North Dakota conforms to the federal contribution mechanics at the structural level.
The SECURE 2.0 Roth catch-up rule under Section 603 takes effect for tax years beginning after December 31, 2025. Participants age 50 and older with prior-year wages above 145,000 dollars (indexed) must make catch-up contributions on a Roth basis only. The rule applies to 401(k), 403(b), and 457(b) plans. The IRA catch-up under Section 219(b)(5)(B) is not affected. North Dakota treats Roth and traditional contributions the same way for state purposes at the structural level.
The 2023 North Dakota HB 1158 reform restructured the Personal Income Tax into the current three-bracket schedule of 0 percent, 1.95 percent, and 2.5 percent effective for tax years 2023 forward. The bracket thresholds are indexed annually under N.D.C.C. Section 57-38-30. The Social Security subtraction reform from 2021 HB 1043 (universally exempted Social Security from North Dakota tax for most retirees) remains in effect. Retired households see no structural change at the state-tax layer entering 2026.
The federal estate-tax exclusion sunset on January 1, 2026 (absent congressional action) reduces the federal exclusion roughly in half. The North Dakota state position is unchanged: no state estate tax, no state inheritance tax. The federal sunset matters for combined-estate balances above the projected 7-million-dollar individual threshold, which can be relevant for Bakken-region households with concentrated agricultural land or mineral-interest values stacked on top of a self-directed gold IRA balance.
A North Dakota-resident gold IRA participant works with a four-part state-tax matrix. The pieces are graduated PIT under N.D.C.C. Section 57-38-30 (three brackets capped at 2.5 percent), the Social Security subtraction under Section 57-38-30.3, the broad zero-percent first bracket that absorbs modest distributions, and the absence of state estate and inheritance tax. The federal mechanics layer on top unchanged. The dealer-selection layer is the operational decision that survives every change in the federal or state code.
The dealer-side trust signal stack that OPRS uses includes four markers that travel across all 50 states. The markers are listed below.
- Money Magazine Best Overall Gold IRA Company (2022 to 2026)
- Investopedia Most Transparent Gold IRA Company (2022 to 2026)
- BBB A+ Rating with Zero Complaints (accredited since 2014)
- Education-First Process with non-commissioned customer success agents
Get the Augusta company-comparison checklist
The free company-comparison checklist walks through the custodian, depository, distribution-code, and Form 1099-R coding mechanics that a North Dakota-resident distribution has to coordinate with. The checklist is the higher-intent asset for screening any single dealer against the four-marker trust-signal stack at the pre-distribution planning moment.
OPRS may receive compensation when readers proceed. Editorial selection is independent. Updated July 2026.
Does North Dakota tax traditional IRA distributions?
Yes, but at one of the lowest top rates in the country. North Dakota taxes traditional IRA distributions under N.D. Cent. Code Chapter 57-38 at three brackets of 0 percent, 1.95 percent, and 2.5 percent after the HB 1158 reform of 2023. The taxable amount mirrors the federal Form 1099-R taxable amount, before applying North Dakota-specific subtractions such as the Social Security exclusion under Section 57-38-30.3.
The state offers no general pension exclusion comparable to the New Jersey Pension Exclusion or the New York 20,000-dollar IRA exclusion. The structural protection that helps most is the broad zero-percent first bracket, which absorbs the first roughly 48,475 dollars of single-filer taxable income or 80,925 dollars of joint-filer taxable income for the 2025 tax year.
A modest IRA distribution layered on top of fully exempt Social Security often falls entirely inside the zero bracket and produces zero North Dakota state tax.
Does North Dakota tax Social Security benefits?
No, for most retirees. N.D.C.C. Section 57-38-30.3, originally enacted by HB 1043 in 2021 and broadened by subsequent legislation, excludes 100 percent of federally taxable Social Security benefits from North Dakota taxable income for the vast majority of retired filers. The current structure functions as a full exemption without the AGI thresholds that limit comparable provisions in New Mexico, Colorado, or Connecticut.
The exemption applies to Social Security benefits only and does not extend to traditional IRA distributions, pension benefits, or other retirement income. A North Dakota retiree with Social Security and a 50,000-dollar IRA distribution applies the exemption to the Social Security side; the IRA distribution remains subject to the bracket schedule on the residual North Dakota taxable income.
Does North Dakota have a state estate tax or inheritance tax?
No to both. North Dakota has not collected a state estate tax since 2005, when the federal credit for state death taxes phased out and the North Dakota pickup tax (codified at N.D.C.C. Chapter 57-37.1) became inoperative. The legislature has not re-enacted a stand-alone state estate tax in the years since. North Dakota has never imposed a state inheritance tax.
A self-directed gold IRA passing by beneficiary designation to a North Dakota-resident beneficiary triggers no state-level transfer tax at the participant’s death. The federal estate tax under IRC Section 2001 still applies above the federal exclusion amount (currently 13.99 million dollars per individual in 2025; projected to roughly 7 million dollars per individual after the 2026 sunset).
What is the North Dakota top marginal rate after the 2023 HB 1158 reform?
The top marginal rate is 2.5 percent. The 2023 HB 1158 reform restructured the Personal Income Tax from a graduated five-bracket schedule capped at 2.9 percent into the current three-bracket schedule of 0 percent, 1.95 percent, and 2.5 percent. The reform took effect for tax years beginning January 1, 2023.
The 2.5 percent top bracket applies to North Dakota taxable income above roughly 245,925 dollars for single filers and 299,300 dollars for joint filers in the 2025 tax year (indexed annually under N.D.C.C. Section 57-38-30). For most retired households drawing IRA distributions of 50,000 to 150,000 dollars per year, the marginal rate falls inside the 1.95 percent middle bracket. The effective rate runs lower than 1.95 percent because the zero-percent floor absorbs the first slice.
Sources cited
- North Dakota Office of State Tax Commissioner
- North Dakota Office of State Tax Commissioner, Individual Income Tax Credits and Exemptions
- North Dakota Office of State Tax Commissioner, Forms and Instructions (Form ND-1)
- N.D. Cent. Code Chapter 57-38, Income Tax
- N.D. Cent. Code Chapter 57-37.1, Estate Tax (dormant since 2005)
- N.D. Cent. Code Chapter 57-39.2, Sales Tax
- IRC Section 72, Annuities; Certain Proceeds of Endowment and Life Insurance Contracts
- IRC Section 72(t), Additional Tax on Early Distributions from Qualified Retirement Plans
- IRC Section 408, Individual Retirement Accounts
- IRC Section 408A, Roth IRA Distribution Rules
- IRC Section 219, Retirement Savings Deduction
- IRC Section 3405, Withholding on Pension and Annuity Distributions
- 4 U.S.C. Section 114, Pension Source Tax Act of 1996
- IRC Section 2001, Imposition and Rate of Federal Estate Tax
- IRS Publication 590-B, Distributions from Individual Retirement Arrangements
- IRS, Retirement Topics: Required Minimum Distributions (SECURE 2.0 RMD ages)
