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Payroll taxes and employer rules in North Dakota

Low graduated withholding, UI on a $46,600 wage base at 1.00% for most new employers, the federal minimum wage, and workers’ compensation only through the state fund, WSI.

Jurisdiction
North Dakota
Reading time
2 min
Checked
October 13, 2026
Point at another state to compare its payroll.

Key figures

North Dakota payroll

2026, with sources

State income tax
0%, 1.95%, 2.5%Graduated; a 0% bracket at the bottom.
SUI taxable wage base
$46,600Set at 70% of the statewide average wage.
New-employer SUI rate
1.00%Non-construction, positive-balance; 6.07% negative-balance; construction 9.67%.
Experienced SUI rates
0.07% – 9.67%0.07%–1.10% for positive-balance accounts; 6.07%–9.67% for negative-balance accounts.
Supplemental wage withholding
1.50%Optional flat rate on bonuses and commissions paid or identified separately.
Minimum wage
$7.25/hrFederal rate.
Workers’ compensation
Monopolistic state fundWSI is the only insurer.
Paid leave program
None

Withholding and unemployment insurance

North Dakota’s individual income tax has three rates — 0%, 1.95% and 2.5% — and the Tax Commissioner publishes withholding tables each year. There is no state W-4: withholding is computed from the employee’s federal Form W-4. Bonuses and commissions paid separately from regular wages can be withheld at a flat 1.50%.

Employers register for withholding with the Tax Commissioner and file Form 306 quarterly — April 30, July 31, October 31 and January 31 — electronically once the prior year’s withholding reached $1,000. Form 307, the annual reconciliation, is filed electronically by January 31 with the W-2s and any 1099s showing North Dakota tax.

The 2026 UI wage base is $46,600, set each year at 70% of the statewide average wage. A new non-construction employer starts at 1.00%; construction employers start at 9.67%, and a new account that falls into a negative balance moves to 6.07%. After that, experienced rates run from 0.07% to 1.10% for positive-balance accounts and from 6.07% to 9.67% for negative ones.

WSI is the only option

Workers’ compensation in North Dakota comes only from Workforce Safety & Insurance. A company with employees elsewhere has to open a separate WSI account for its North Dakota staff; its national carrier’s policy doesn’t extend to them. Premiums are set by WSI by job classification.

Wage rules

The Department of Labor and Human Rights enforces wage payment, including final pay on separation, and will issue an independent contractor verification on application.

  • Minimum wage: $7.25, the federal rate.
  • No state paid leave or paid sick leave mandate.
  • No local payroll tax.
  • New hires reported within 20 days of the first day of work, including rehires after a 60-day break.

Deadlines

  1. QuarterlyJob Service contribution and wage report
  2. Quarterly — Apr 30, Jul 31, Oct 31, Jan 31Withholding return and paymentForm 306
  3. Jan 31Annual reconciliation, with W-2s filed electronicallyForm 307
  4. Within 20 days of hireNew-hire report

Common questions

Can we cover North Dakota employees on our existing workers’ comp policy?

No. North Dakota is one of a handful of monopolistic states: workers’ compensation is written only by Workforce Safety & Insurance, the state fund. A private policy, or a multistate policy’s coverage, doesn’t satisfy the requirement for North Dakota employees.

What UI rate does a new employer pay?

For most new employers outside construction, 1.00% on the first $46,600 of each employee’s 2026 wages. Job Service publishes the schedules each December; construction employers start at 9.67%.

Is there a North Dakota W-4?

No. North Dakota relies on the federal Form W-4, and the Tax Commissioner’s 2026 tables convert it into North Dakota withholding — separate methods for pre-2020 and current W-4s. Supplemental wages paid separately can be withheld at a flat 1.50%.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.

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