NDAC 81-03-05.2-02
Water's edge election
Cite as N.D. Admin. Code ยง 81-03-05.2-02
A taxpayer may elect to use the water's edge method for any taxable year beginning on or after
January 1, 1989.
2.
A water's edge election is made when each taxpayer in the unitary group checks the water's
edge box on its original North Dakota income tax return for the first year to which the election
applies.
3.
If a water's edge taxpayer files a consolidated water's edge return, the election made on that
return shall apply to all members of the water's edge group included in that return.
4.
An affiliated corporation is considered to have consented to a water's edge election if the
corporation becomes a member of the group after the group elects to use the water's edge
method.