NDAC 81-03-09.2-03
Sales factor weighting election applicability
Cite as N.D. Admin. Code ยง 81-03-09.2-03
1.
If a taxpayer is a member of a unitary business, the sales factor weighting election applies to
each taxpayer in the unitary business.
2.
If a taxpayer files a consolidated return, the election made on that return applies to all
corporations included in that return.
3.
An affiliated corporation is considered to have consented to the sales factor weighting election
if the corporation becomes a member of the unitary group after the group elects to use the
sales factor weighting election.
4.
If a taxpayer's apportionment factor includes its share of a passthrough entity's apportionment
factors, the taxpayer's sales factor weighting election includes its share of factors from a
passthrough entity.