North Dakota Administrative Code Title 81 — Tax Commissioner
N.D. Admin. Code § 81-03-02.2-01
Nonresident filing status and reporting of income
# 1.
A nonresident individual who moves into this state with the intent to establish permanent residence acquires status as a resident immediately upon entering this state. That individual may file an individual income tax return for the first tax year either as a resident or as a nonresident.
# 2.
An individual who elects to file an individual income tax return as a resident the first tax year in this state must report to this state total income from all sources for the entire year and must pay taxes on that income. That individual is entitled to a tax credit for taxes paid to another state on any portion of that income.
# 3.
An individual who elects to file an individual income tax return as a nonresident the first tax year in this state must report to this state total income from all sources for that portion of the tax year during which the individual resided in this state. Income from tangible property located in this state must be reported to this state for the entire year.
# 4.
If a resident individual moves out of this state during a tax year with the intent to change residency, that individual must file an individual income tax return as a nonresident and must report to this state total income from all sources for that portion of the tax year during which the individual resided in this state. Income from tangible property located in this state must be reported to this state for the entire year.
# 5.
This rule is effective for taxable years beginning before January 1, 2001.
Amendment history
History: Effective July 1, 1985; amended effective June 1, 2002. General Authority: NDCC 57-38-56 Law Implemented: NDCC 57-38-04
Source: view the official PDF
In this article (40 sections)
- 81-03-01.1-04 · Computation of interest on refunds
- 81-03-01.1-05 · Computation of interest on an extension, a late…
- 81-03-01.1-06 · Income tax exemption for new and expanding business
- 81-03-01.1-07 · Venture capital corporation
- 81-03-01.1-08 · Tax credits
- 81-03-01.1-09 · Requirement to report federal changes
- 81-03-01.1-10 · Employers required to file information returns
- 81-03-02.1-01 · Credit for taxes paid to another state
- 81-03-02.1-02 · Deduction for federal income tax liability - Limitation
- 81-03-02.1-03 · Moving expenses - Adjustment
- 81-03-02.1-04 · Reporting - Resident trusts or estates
- 81-03-02.1-05 · Reporting - Income earned by husband and wife
- 81-03-02.1-06 · Adjustments for pay received from armed forces
- 81-03-02.1-07 · Adjustments for sale or lease of agricultural land to…
- 81-03-02.1-08 · Adjustments for sale or lease of revenue-producing…
- 81-03-02.1-09 · Exemptions - Separate filers
- 81-03-02.1-10 · Limitations on adjustments available on form ND-2 or…
- 81-03-02.1-11 · Credit for premiums for long-term care insurance…
- 81-03-02.1-12 · Seed capital investment credit - Limitations on credit…
- 81-03-02.1-12.1 · Agricultural commodity processing facility investment…
- 81-03-02.2-01 · Nonresident filing status and reporting of income
- 81-03-02.2-01.1 · Part-year resident filing status and reporting of…
- 81-03-02.2-02 · Income of nonresident from tangible property located in…
- 81-03-02.2-04 · Deduction for federal income tax liability - Limitation
- 81-03-03.1-01 · Certificate of residence - Penalty
- 81-03-03.1-02 · Employer's application for registration
- 81-03-03.1-03 · Exemptions - Federal or state withholding certificate
- 81-03-03.1-04 · Amount of wages payable before withholding applies
- 81-03-03.2-01 · Definitions
- 81-03-03.2-02 · New jobs credit from withholding
- 81-03-03.2-03 · Withholding not included in new jobs credit from…
- 81-03-03.2-04 · New jobs credit from withholding statement
- 81-03-04-01 · Corporation required to report and pay estimated tax and…
- 81-03-04-02 · Payments of estimated taxes by individuals, estates, and…
- 81-03-04-03 · Estimated income tax payment
- 81-03-05.1-01 · Cooperatives required to file
- 81-03-05.1-02 · Computation of unitary business income subject to…
- 81-03-05.1-03 · DISC and FSC subject to North Dakota income tax
- 81-03-05.1-04 · DISC distributions
- 81-03-05.1-05 · Subchapter S corporation tax credits