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ND Unemployment Corporate Officer Exemtion North Dakota

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  • ND Unemployment Corporate Officer Exemtion North Dakota

    My company was recently denied corporate officer exemption from paying ND umemployment tax. The problem started from the corporation being formed two month before we actually started to do business. We did not file for the exemption soon enough. This had to be done within 60 days of the formation of the corporation. We were only 1 or 2 days late. This was mainly due to the fact of not ever knowing that we could declare ourselves exempt until I talk to another business owner. It is not on the application for the tax. To make a long story short, we appealled the decision. A phone hearing was held with a referee. He upheld their decison. My question is: Do we stand a chance still fighting this? It is a matter of several thousands of dollars that we will never get any use out of because we could never lay ourselves off anyway. Our case is that if we had only known that we could be exempt, the application would have been filed immediately. They should not keep it such a secret. Also even thought the corporation was formed 2 months prior we did not and could not even start to do business legally until 2 month after the corp. was formed. We are a new construction based business and our rate is an outrageous 9.86% up to $22,100 of wages paid. The only 2 employees of the company are the corporate officers. Any help/advice in this matter would be greatly appreciated. We do play to get a lawyer because we know how much this is going to cost us if we don't. And the worst part about it is that there is no way we could ever use this benefit. THANK YOU

  • #2
    I thought you were joking or badly mistaken about the tax rate, but you were telling the truth for construction in your state. All other industries pay a meager 1.17% of taxable wages.

    I would contact my state senator, state house representative, the Governor and the Commissioner of the Department of Labor (or whatever Department head is in charge of the UI folks).
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.