NDAC 81-03-09-06
Proration of deductions
Cite as N.D. Admin. Code ยง 81-03-09-06
In most cases an allowable deduction of a taxpayer will be applicable only to the business income
arising from a particular trade or business or to a particular item of nonbusiness income. In some cases
an allowable deduction may be applicable to the business income of more than one trade or business
or to several items of nonbusiness income. In such cases the deduction shall be prorated among such
trades or businesses and such items of nonbusiness income in a manner which fairly distributes the
deduction among the classes of income to which it is applicable.
In filing returns with this state, if the taxpayer departs from or modifies the manner of prorating any
such deduction used in returns for prior years, the taxpayer shall disclose in the return for the current
year the nature and extent of the modification.
If the returns or reports filed by a taxpayer with all states to which the taxpayer reports under article
IV of the multistate tax compact or the Uniform Division of Income for Tax Purposes Act are not uniform
in the application or proration of any deduction, the taxpayer shall disclose in its return to this state the
nature and extent of the variance.