NDAC 75-04-05-19
Taxes
Cite as N.D. Admin. Code ยง 75-04-05-19
1.
General. Taxes assessed against the provider agency, in accordance with the levying
enactments of the several states and lower levels of government and for which the provider is
liable for payment, are allowable costs. Tax costs may not include fines, penalties, or those
taxes listed in subsection 2.
2.
Taxes not allowable as costs. The following taxes are not allowable as costs:
a.
Federal income and excess profit taxes, including any interest or penalties paid thereon.
b.
State or local income and excess profit taxes.
c.
Taxes in connection with financing, refinancing, or refunding operation, such as taxes in
the issuance of bonds, property transfers, issuance or transfers of stocks, etc. Generally,
these costs are either amortized over the life of the securities or depreciated over the life
of the asset. They are not, however, recognized as tax expense.
d.
Taxes from which exemptions are available to the provider agency.
e.
Taxes on property which is not used in the provision of covered services.
f.
Taxes, including sales taxes levied against residents and collected and remitted by the
provider agency.
g.
Self-employment (FICA) taxes applicable to persons, including individual proprietors,
partners, or members of a joint venture.