AN ACT to amend and reenact subsection 17 of section 57-01-02 of the North Dakota Century Code, relating to the ability of the tax commissioner to make disclosures regarding taxpayers receiving tax incentives; and to provide for retroactive application.
SB 2038 amends North Dakota law governing tax confidentiality to allow the tax commissioner, upon written request from the chairman of Legislative Management or a standing committee chair, to disclose the amount of a tax deduction, credit, or exemption claimed or earned by a taxpayer. The bill defines “tax incentive” broadly to include deductions, credits, and exemptions, but it continues to prohibit disclosure of the taxpayer’s name or any other information barred from release under Title 57.
The bill also requires the tax commissioner to give taxpayers notice that this type of disclosure may occur, in a manner the commissioner prescribes. In addition, the measure applies retroactively to tax incentives claimed or granted after December 31, 2024, meaning the disclosure authority reaches incentives from that date forward rather than only future claims.
SB 2038 changes section 57-01-02 of the North Dakota Century Code by expanding legislative access to information about the dollar amount of tax incentives received by taxpayers while preserving taxpayer anonymity and other statutory confidentiality protections. It affects the tax commissioner’s disclosure duties and the privacy expectations of taxpayers who receive deductions, credits, or exemptions, especially those tied to state tax incentive programs. The retroactive application clause extends the new disclosure authority to incentives claimed or granted after the end of 2024.
The bill appears to have been noncontroversial and broadly supported. It passed the Senate 46-0 and the House 91-0, with only a small number of absences in each chamber. The unanimous votes suggest general agreement that the Legislature should have access to aggregate incentive amounts for oversight purposes while still protecting taxpayer identities.
No significant opposition is reflected in the available record. The main policy balance in the bill is between legislative transparency and taxpayer confidentiality: supporters appear to favor disclosure of incentive amounts for oversight and evaluation, while the bill preserves anonymity by barring release of names and other protected information. The retroactive application could be a point of legal or administrative concern in some contexts, but no recorded debate or vote opposition indicates it was contentious.