172
TAXATION AND REVENUE SYSTEMS—NORTH DAKOTA.
A special tax may be voted for the support of high
schools. Cities, towns and school districts may vote
to levy a special tax to supplement the public school
fund.
LEGISLATION AFFECTING REVENUE LAWS: 1913.
Poll tax, $1.43; state tax, 47| cents on the $100.
An inheritance tax law was enacted as follows:
All property of whatever kind or nature passing by will or the
intestate laws of the state from any person who may die seized or
possessed of same while a resident of the state, or if decedent was
not a resident of the state at the time of his death, such property or
part thereof as may be within the state, or which may be transferred
by deed, grant, sale, or gift, made in contemplation or to take effect
after death, to any person or persons, or to bodies corporate or poli
tic, is subject to a tax for the benefit of the state as follows:
Parsing to lineal issue or lineal ancestor or husband or wife or to
a person to whom the decedent has stood in the relation of a parent,
at the rate of 1 per cent of the clear value; $10,000 to a widow,
$5,000 to each child under twenty-one years of age, and $2,000 to
each of the other persons mentioned is exempt. Grandchildren
are allowed only the single exemption of the child they represent.
Passing to the brother or sister or a descendant of a brother or
sister of the decedent at the rate of 3 per cent of the clear value.
Passing to the brother or sister of the father or mother or a
descendant of a brother or sister of the father or mother of the
decedent, at the rate of 5 per cent of the clear value.
NORTH
North Dakota depends almost entirely upon the
general property tax for state, county, and municipal
revenues. An inheritance tax was adopted in 1903.
There are no special corporation taxes, except a tax
on fire insurance premiums, which goes to the support
of the municipal fire departments.
CONSTITUTIONAL PROVISIONS.
ARTICLE II.
Sec. 174. The legislative assembly shall provide for raising rev
enue sufficient to defray the expenses of the state for each year, not
to exceed in any one year 4 mills on the dollar of the assessed valua
tion of all taxable property in the state, to be ascertained by the last
assessment made for state and county purposes, and also a sufficient
sum to pay the interest on the state debt.
Sec. 175. No tax shall be levied except in pursuance of law, and
every law imposing a tax shall state distinctly the object of the same,
to which only it shall be applied.
Sec. 176. Laws shall be passed taxing by uniform rule all property
according to its true value in money, but the property of the United
States and of state, county, and municipal corporations, both real
and personal, shall be exempt from taxation; and the legislative
assembly shall by a general law exempt from taxation property used
exclusively for school, religious, cemetery, or charitable purposes
and personal property to any amount not exceeding in value $200
for each individual liable to taxation; but the legislative assembly
may, by law, provide for the payment of a per centum of gross earn
ings of railroad companies to be paid in lieu of all state, county,
township, and school taxes on property exclusively used in and
about the prosecution of the business of such companies as common
1 This compilation is derived mainly from the following sources:
Revenue and Taxation Laws of the State of North Dakota, 1905.
Published by authority.
The Revised Code of the State of North Dakota, 1899 and 1905.
The Session Laws to 1913.
Passing to the brother or sister of the grandfather or grandmother
or a descendant of the brother or sister of the grandfather or grand
mother of the decedent or to any person of any other degree of
consanguinity, or to a stranger in blood or to a body politic or cor
porate, at the rate of 10 per cent of the clear value.
If this tax is not paid at the end of two years after the death of
the decedent 6 per cent interest is charged until same is paid.
Income tax.—In excess of $1,250 to $2,500 the rate is 1 per cent;
$2,500 to $5,000, 1J per cent; $5,000 to $10,000, 2 per cent; $10,000
and over, 2} per cent.
Corporations are required to pay a franchise tax of one-twenty-
fifth of 1 per cent upon their subscribed or issued and outstanding
capital stock, but the tax shall not be less than $7.50. Foreign
corporations pay the same tax rate.
The legislature appropriated the sum of $250,000 to be appor
tioned annually among the counties by the state board of education
according to the per capita of school population; $1,500 of above
sum is to be deducted annually for the part payment of the salary
and expenses of the superintendent of the state colored normal
schools and inspector and director of the county teachers’ institutes
and of the teachers’ training work of the state; there shall also be
deducted biennially therefrom in advance $7,500 to be used for the
establishment of rural libraries.
There shall be set aside 5 cents on the $100 of the ad valorem tax
collected by the state to be known as “The state equalizing school
fund” to be used for the purpose of providing six months school
terms in every school district in the state or as nearly as the fund
will permit.
DAKOTA. 1
carriers, but no real estate of said corporation shall be exempted
from taxation in the same manner and on the same basis as other
real estate is taxed, except roadbed, right of way, shops, and build
ings used exclusively in their business as common carriers, and
whenever and so long as such law providing for the payment of a per
centum on earnings shall be in force, that part of section 179 of this
article relating to assessment of railroad property shall cease to be in
force.
The legislative assembly may further provide that grain grown
within the state and held therein in elevators, warehouses, and
granaries may be taxed at a fixed rate.
Sec. 177. All improvements on land shall be assessed in accord
ance with section 179, but plowing shall not be considered as
an improvement or add to the value of land for the purpose of
assessment.
Sec. 178. The power of taxation shall never be surrendered or sus
pended by any grant or contract to which the state or any county or
other municipal corporation shall be a party.
Sec. 179. All property, except as hereinafter in this section pro
vided, shall be assessed in the county, city, township, town, village,
or district in which it is situated, in the manner prescribed by law.
The franchise, roadway, roadbed, rails, and rolling stock of all rail
roads; and the franchise and all other property of all express com
panies, freight line companies, car equipment companies, sleeping
car companies, dining car companies, telegraph or telephone com
panies, or corporations operated in this state, and used directly or
indirectly in carrying persons, property, ormessages, shall be assessed
by the state board of equalization at their actual value, and such
assessed valuation shall be apportioned to the counties, cities, towns,
villages, townships, and districts in which such railroad companies,
express companies, sleeping car companies, telegraph and telephone
companies are located or through which they are operated, as a basis
for taxation for such property, in proportion to the number of miles
of such property within such counties, cities, towns, villages, town
ships, and districts. But should any railroad allow any portion of
its roadway to be used for any purpose other than the operation
of a railroad thereon, such portion of its roadway, while so used, shall
be assessed in the manner provided for the assessment of other real
property.