Senator Cleary proposes tax exemption for nonprofit events in public venues

March 11, 2025 | Finance and Taxation, House of Representatives, Legislative, North Dakota


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Senator Cleary proposes tax exemption for nonprofit events in public venues
Senate Bill 2369 is making waves in North Dakota's House Finance and Taxation Committee, aiming to eliminate a tax disparity that affects nonprofit fundraising events held in publicly owned venues. Currently, nonprofits are exempt from sales tax on revenue raised at private events, but if they host the same event in a public facility, any revenue exceeding $10,000 is subject to taxation. This inconsistency has raised concerns among nonprofit leaders, who argue it diverts crucial funds away from charitable causes.

Senator Sean Cleary, who presented the bill, highlighted the oddity of the current law, stating, "It creates a financial distinction between otherwise similar choices for no clear policy reason." He emphasized that nonprofits should not be penalized for choosing public venues when they are paying market rates for their use. The bill seeks to standardize tax treatment for nonprofits, ensuring that fundraising efforts are not unfairly taxed based on venue ownership.

Support for the bill came from Amanda Godfried, regional director of Make-A-Wish North Dakota, who shared her organization's struggles with the current tax structure. "Thousands of dollars that generous North Dakotans donated to support children with critical illnesses were instead redirected to state sales tax," she explained. Godfried argued that this tax burden limits the impact nonprofits can have on their communities.

The committee heard no opposition to the bill, and discussions revealed a shared understanding of the need for reform. The tax department acknowledged the confusion surrounding the current law, which has evolved over the years but still leaves many nonprofits unaware of their tax obligations.

As the committee deliberates, the potential passage of Senate Bill 2369 could pave the way for a more equitable tax environment for nonprofits, allowing them to focus more on their missions and less on navigating complex tax regulations. The next steps will determine whether this bill can successfully address the financial challenges faced by nonprofits in North Dakota.

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