Sales of tangible personal property are in this state if:

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Terms Used In North Dakota Code 57-38.1-16

1.    The property is delivered or shipped to a purchaser, other than the United States government, within this state regardless of the f.o.b. point or other conditions of the sale; or

2.    The property is shipped from an office, store, warehouse, factory, or other place of storage in this state and:

a.    The purchaser is the United States government; or

b.    The taxpayer is not taxable in the state of the purchaser.