Get all of the information you need to start and run a small business.
Here's an overview of the key steps you'll need to take to start your own business in North Dakota.
Take some time to explore and research ideas for your business. At this stage, consider your own interests, skills, resources, availability, and the reasons you want to form a business. You should also consider the likelihood of success based on the interests and needs of your community. Read our article for more tips on how to evaluate business ideas.
After you select an idea, consider drafting a business plan to evaluate your chances of making a profit. When you create a plan, you will have a better idea of the startup costs, your competition, and strategies for making money. Typically, investors and lenders will ask to review your business plan before providing financial assistance. To learn more about the benefits of business plans and how to create one for your enterprise see Why You Need to Write a Business Plan.
The most common legal structures for a small business are:
There also are special versions of some of these structures, such as limited partnerships and S corporations. You'll want to consider which business entity structure offers the type of liability protection you want and the best tax, financing, and financial benefits for you and your business. Read our article for information on how to choose the best ownership structure for your business.
You will need to check that your business name is distinguishable from the names of other business entities already on file with the North Dakota Secretary of State (SOS). You can check for available names by doing a business records search on the SOS website. You can reserve an available name for twelve months by filing a Reserve Name Application with the North Dakota SOS. There are certain name requirements for LLCs and corporations (like including a word such as "LLC" for LLCs or "Company" for corporations). See How to Form an LLC in North Dakota and How to Form a Corporation in North Dakota for more information.
Sole proprietorships and partnerships in North Dakota must file a Trade Name Registration with the North Dakota SOS if they use a business name that is different from the name of the business owner (for a sole proprietorship) or names of the individual partners (for a partnership).
If you plan on doing business online, you may want to register your business name as a domain name. See Choose and Register a Domain Name for more information. In addition, to avoid trademark infringement issues, you should do a federal and state trademark check to make sure the name you want to use is not the same as or too similar to a name already in use. See How to Do a Trademark Search for more information.
Tax Registration. If you will be selling goods in North Dakota, you must register for a sales and use tax permit with the North Dakota Office of the State Tax Commissioner (STC). If you will have employees in North Dakota, you must register with the STC for employer withholding tax. For both types of tax, you can register through the North Dakota Taxpayer Access Point.
EIN. If your business has employees or is taxed separately from you, you must obtain a federal Employer Identification Number (EIN) from the IRS. Even if you are not required to obtain an EIN, there are often business reasons for doing so. Banks often require an EIN to open an account in the business's name and other companies you do business with may require an EIN to process payments. You can get an EIN by completing an online application. There is no filing fee.
Regulatory licenses and permits. These cover areas such as:
For regulatory licenses and permits issued by the state, check the Licensing Information section of the state website. You'll find that some of the agencies that issue business-related licenses and permits are:
You'll need to pick a location for your business and check local zoning regulations. Before you commit to a location, take time to calculate the costs of running your business in the desired spot, including rent and utilities. You can refer back to your business plan to evaluate whether you can afford your desired location during your company's early months.
It is important to verify that the spot is zoned for your type of business. You might find zoning regulations for your town or city by reviewing your local ordinances and contacting your town's zoning or planning department. Read our article for more tips on picking a location.
One alternative to opening your business at a new location is running your company out of your home. If you decide to run a home-based business, again check your local zoning laws. In addition, review your lease (if you rent your home) and homeowners association rules (if applicable), either of which might ban some or all home businesses.
North Dakota taxes every type of business. See North Dakota State Income Tax for more information on state business taxes in North Dakota.
Sole proprietorships. Sole proprietors pay state taxes on business income as part of their personal state income tax returns.
Partnerships. Partners pay state taxes on partnership income on personal tax returns. In addition, many partnerships must file an annual North Dakota Partnership Return, Form 58.
LLCs. Members pay state taxes on their share of LLC income on personal tax returns. In addition, North Dakota LLCs must file annual reports with the SOS. These reports must be filed online. If the LLC is taxed like a partnership for federal income tax purposes, it must also file an annual North Dakota Partnership Return, Form 58. For more information, see North Dakota LLC Annual Filing Requirements.
Corporations. Shareholders must pay state taxes on their dividends from the corporation. Moreover, the corporation itself is subject to North Dakota corporate taxes and must file a corporation income tax return. Finally, North Dakota LLCs must file annual reports with the SOS. These reports must be filed online.
If you have employees, you must also deal with state employer taxes.
Business insurance can protect your company and your personal assets from the fallout of unexpected disasters, such as personal injury lawsuits or natural catastrophes. An insurance agent can help you explore the different coverage options, such as general liability insurance to protect your business against claims relating to bodily injury or property damage. To learn more, see Nolo's article, What Types of Insurances Does Your Small Business Need?
No matter the type of business you form, you should consider opening a separate business account to make it easier to track your income and expenses. For some business types, like LLCs and corporations, a separate bank account is necessary to maintain your liability protection. To learn more, see Opening a Business Bank Account.