North Dakota Revenue Procedure 93-34

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Statutory Guidelines [Appendix A(6) Revenue Procedure 93-34] regarding rules under which a designated settlement fund described in section 468B(d)(2) of the Internal Revenue Code or a qualified settlement fund described in section 1.468B-1 of the Income Tax Regulations will be considered "a party to the suit or agreement" for purposes of section 130.

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FAQ

Apportionment is the assignment of a portion of a corporation's income to a particular state for the purposes of determining the corporation's income tax in that state. The state determines how much of your earnings are a result of business done in that state so it can charge you the right amount of income tax.

North Dakota generally follows the federal treatment of pass-through entities and their owners. Consequently, pass-through entities are treated as reporting, but not taxable, entities for North Dakota income tax purposes.

A partnership or S corporation may file one North Dakota individual income tax return, called a ?composite return,? and pay the tax due on behalf of two or more eligible partners or shareholders.

North Dakota is a somewhat tax-friendly destination for retirees. It recently became one of the states to stop taxing Social Security, though it still taxes most income from retirement accounts and pensions. That being said, income tax rates in North Dakota are quite low.

For apportioning business income to the state, North Dakota generally uses an equally-weighted three-factor formula, with the numerator including the property factor, the payroll factor, and the sales factor. The denominator of the apportionment formula fraction is three.

North Dakota loss carryforward North Dakota net operating losses incurred in taxable years beginning after December 31, 2002, cannot be carried back to a previous taxable year. These net operating losses must be carried forward. Capital losses must still be carried back and then carried forward.

You may exclude 40 percent of dividend income that meets both of the following: The dividends are "qualified dividends" for federal income tax purposes, which are taxed at the lower federal tax rate applicable to a net long-term capital gain. The dividends are reportable to North Dakota.

What are pass-through businesses? Most US businesses are not subject to the corporate income tax; rather, their profits flow through to owners or members and are taxed under the individual income tax. Pass-through businesses include sole proprietorships, partnerships, limited liability companies, and S-corporations.

A ?passthrough entity? means a partnership (all types), S corporation, trust, limited liability company not taxed as a C corporation, or other entity not taxed at the entity level for North Dakota income tax purposes.

North Dakota loss carryforward North Dakota net operating losses incurred in taxable years beginning after December 31, 2002, cannot be carried back to a previous taxable year. These net operating losses must be carried forward. Capital losses must still be carried back and then carried forward.

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North Dakota Revenue Procedure 93-34