Sales Tax Exemption for Hydrogen Generation Facilities
Administered by Office of State Tax Commissioner
This incentive is aimed at commercial and industrial hydrogen producers rather than households, so it generally won't apply to a typical home. If you buy hydrogen to power a fuel cell or an internal combustion engine in North Dakota, the sale of that hydrogen is exempt from sales tax. Contact the North Dakota Tax Commissioner's office to confirm whether your situation qualifies.
Hydrogen generation facility customers in North Dakota can avoid sales tax on equipment used to produce and store hydrogen, including containers, pressure vessels, piping, tubing, fittings, gaskets, controls, valves, gauges, pressure regulators and safety relief devices. To claim it, the customer must send the Tax Commissioner a written request describing the equipment, its cost, and how it lets the business expand operations. The Tax Commissioner notifies the taxpayer in writing if the project qualifies, so build that approval step into project timelines.
This is a state sales tax exemption in North Dakota for commercial and industrial hydrogen producers. It exempts the sale of hydrogen used to power an internal combustion engine or fuel cell, and exempts equipment used by hydrogen generation facilities for producing and storing hydrogen. Eligibility is determined case by case: the taxpayer submits a written request to the Tax Commissioner with an equipment description, cost, and explanation of business expansion, and the Commissioner responds in writing.
Program details
- Program ID
- 4989
- Last updated
- 1/12/2026
Eligibility
- Sectors
- commercial industrial
- Technologies
- hydrogen fuel cells using renewable fuels
Program summary
In North Dakota, the sale of hydrogen used to power an internal combustion engine or a fuel cell is exempt from sales tax. In addition, any equipment used by a hydrogen generation facility for the production and storage of hydrogen is exempt from sales tax. Stationary and portable hydrogen containers or pressure vessels, piping, tubing, fittings, gaskets, controls, valves, gauges, pressure regulators, safety relief devices are included as eligible equipment. In order to receive the exemption, a request must be made in writing to the Tax Commissioner and must include a description of the equipment, the cost of the equipment, and an explanation of how the equipment enables the business to expand its operations. The Tax Commissioner will notify the taxpayer in writing if the project qualifies for an exemption.
Contact & resources
- Contact email
- taxinfo@nd.gov
Please verify current program details with the administering agency before making any financial decisions.