NDAC 81-03-05.1-08
Consolidated returns
Cite as N.D. Admin. Code ยง 81-03-05.1-08
1.
As used in this section:
a.
"Combined report" means a tax return on which the tax liability is computed using the
method described in chapters 81-03-05.2 and 81-03-05.3.
b.
"Consolidated return" means a single corporation income tax return that reports the tax
liability of more than one corporation engaged in business in or having sources of income
from North Dakota.
c.
"Taxpayer" means a corporation liable to report income or loss to North Dakota.
2.
Only taxpayers who compute their liability using the combined report method may file a
consolidated return. The consolidated return must contain the following information:
a.
Identifies the name and federal identification number of the corporation that will file the
consolidated return.
b.
Reports the tax liabilities of all taxpayers in the combined report.
3.
All taxpayers in the combined group must continue to file a consolidated return until the
commissioner is notified in writing of the combined group's intent to file individual returns.
4.
This section is effective for all tax years beginning after December 31, 1992.
Example:
Corporation
A
Corporation
B
Corporation
C
Combined
Amounts
Facts:
Federal taxable income
$500,000
$(80,000)
$40,000
$460,000
State adjustments
10,000
1,000
5,000
16,000
North Dakota property
150,000
0
10,000
Total property
150,000
100,000
10,000
260,000
North Dakota payroll
60,000
0
40,000
Total payroll
60,000
100,000
40,000
200,000
North Dakota sales
1,000,000
0
200,000
Total sales
1,500,000
300,000
200,000
2,000,000
Computation of apportionment factor
Corporation
A
Corporation
C
North Dakota property
$150,000
$10,000
Combined property
260,000
260,000
Property factor
.576923
.038462
North Dakota payroll
60,000
40,000
Combined payroll
200,000
200,000
Payroll factor
.300000
.200000
North Dakota sales
1,000,000
200,000
Combined sales
2,000,000
2,000,000
Sales factor
.500000
.100000
Sum of factors
1.376923
.338462
Apportionment factor
.458974
.112821
Computation of tax liability
Corporation
A
Corporation
C
Total
Tax Due
Federal taxable income
$460,000
$460,000
State adjustments
16,000
16,000
North Dakota apportionable income
476,000
476,000
Apportionment factor
.458974
.112821
North Dakota taxable income
218,472
53,703
North Dakota tax due (2015 rates)
8,501
1,400
$9,901