NDAC 81-03-02.1-01
Credit for taxes paid to another state
Cite as N.D. Admin. Code ยง 81-03-02.1-01
1.
A resident who pays income tax to another state or territory of the United States or the District
of Columbia on income which is also taxed by this state, is entitled to a tax credit. The tax
credit may be deducted from the North Dakota income tax liability. A copy of the income tax
return filed with another jurisdiction must be filed with the North Dakota income tax return and
the tax commissioner may require the taxpayer to have the copy certified by the other
jurisdiction.
2.
If a North Dakota resident is paying income tax to more than one jurisdiction other than North
Dakota, on income which is also taxed by this state, a separate computation must be made to
determine the amount of the tax credit available from each jurisdiction. These separate tax
credits must be added together to determine the total tax credit which may be reported on the
taxpayer's North Dakota tax return.
3.
A taxpayer who is a part-year resident of North Dakota may claim a credit for taxes paid to
another state only if the income taxed by North Dakota and the other state was earned or
received during the time the taxpayer was a North Dakota resident. A copy of the income tax
return filed with the other state must be filed with the North Dakota income tax return. The tax
commissioner may require a certified copy of the other state's return.
4.
If married taxpayers file a joint federal income tax return and each spouse had different states
of residence during the tax year, the credit is available to the spouse who is required to file a
North Dakota income tax return.
5.
Subsections 3 and 4 are effective for tax years beginning after December 31, 2000.