North Dakota · QSBS Exclusion (Section 1202)
QSBS Exclusion (Section 1202) in North Dakota (2026)
Exclude up to $10M or 10x basis of gains from qualified small business stock. North Dakota has a progressive income tax with a top rate of 2.5%, so a North Dakota filer's combined marginal rate on the next dollar at $68,131 of income is about 23.95% (22% federal + 1.95% ND).
2026 savings example for North Dakota
Planning estimate for a single filer earning $68,131 (North Dakota median household income in LevyIO's state dataset) who removes $5,000 from taxable income. Federal tax uses the 2026 IRS brackets after the $16,100 standard deduction; ND tax uses the state brackets in LevyIO's dataset and assumes the state follows the federal treatment.
Estimated total savings
$832
Federal savings
$763
$6,159 → $5,396 · 22% bracket
ND state savings
$69
$69 → $0 · 1.95% marginal
Combined marginal rate
23.95%
≈ $240 saved per $1,000 deducted
Statutory maximum for this item in LevyIO's dataset: $10,000,000.
Federal × North Dakota marginal rates (2026, single)
Gross-income ranges include the federal standard deduction. The ND column is the state marginal rate at the midpoint of each range. The last column is the tax saved per $1,000 deducted at that combined rate.
| Federal bracket | Gross income (single) | ND marginal | Combined | Per $1,000 |
|---|---|---|---|---|
| 10% | $16,100 - $28,500 | 0% | 10% | $100 |
| 12% | $28,500 - $66,500 | 0% | 12% | $120 |
| 22% | $66,500 - $121,800 | 1.95% | 23.95% | $240 |
| 24% | $121,800 - $217,875 | 1.95% | 25.95% | $260 |
| 32% | $217,875 - $272,325 | 1.95% | 33.95% | $340 |
| 35% | $272,325 - $656,700 | 2.5% | 37.5% | $375 |
| 37% | Over $656,700 | 2.5% | 39.5% | $395 |
Eligibility & forms
Investors in qualified small business stock
- C-corp with <$50M assets
- Held 5+ years
- 100% exclusion up to $10M
Federal forms: Form 8949, Schedule D
North Dakota filing notes
Do not model North Dakota as a simple flat-tax state. Many filers have part of their North Dakota taxable income in the 0% bracket, then 1.95%, with the 2.5% top rate applying only above the highest threshold. Homestead and other credits should be checked against current ND forms.
Common mistakes: Not meeting C-corp requirement; Selling before 5 years.
Frequently asked questions
How much can the QSBS Exclusion (Section 1202) save a North Dakota taxpayer in 2026?
In LevyIO's example, a single filer with $68,131 of income (the North Dakota median household income in our state dataset) who removes $5,000 from taxable income saves about $763 in 2026 federal tax (22% marginal bracket) plus about $69 in North Dakota tax (1.95% state marginal rate), roughly $832 combined. It is a planning estimate computed from the 2026 IRS brackets and LevyIO's ND bracket data, not a survey figure.
What is the North Dakota income tax rate for 2026?
North Dakota has a progressive income tax with a top rate of 2.5%. The ND standard deduction in LevyIO's dataset is $16,100 single / $32,200 married. Low three-step bracket structure: 0% starter bracket, 1.95% middle bracket, and 2.5% top rate. Uses federal taxable income as the starting point. Oil revenue keeps rates low.
Who qualifies for the QSBS Exclusion (Section 1202) in North Dakota?
Investors in qualified small business stock. The federal rules are the same in every state; the requirements are: C-corp with <$50M assets; Held 5+ years; 100% exclusion up to $10M. North Dakota filers should confirm on the ND return whether the state follows the federal treatment.
Which forms do I file to claim the QSBS Exclusion (Section 1202)?
Federal: Form 8949, Schedule D. North Dakota: check the North Dakota Office of State Tax Commissioner instructions for the matching state schedule. Common mistakes: Not meeting C-corp requirement; Selling before 5 years.
QSBS Exclusion (Section 1202) in other states
More North Dakota deductions and credits
Sources
Reviewed 2026-09-17. Estimates are educational planning figures computed from the IRS 2026 inflation adjustments and LevyIO's state bracket dataset; they are not tax advice.