North Dakota Administrative Code Title 81 — Tax Commissioner
N.D. Admin. Code § 81-03-05.1-03
DISC and FSC subject to North Dakota income tax
A DISC (domestic international sales corporation) is treated as an ordinary corporation and subject to state income tax. If the domestic international sales corporation has no activity within this state, but the parent corporation is required to file a tax return with this state, the deemed and actual distributions made by the domestic international sales corporation must be included in business income of the parent and subject to state tax. The tax commissioner may require a combined report whereby income of the domestic international sales corporation is included in the parent's income for state tax purposes and deemed distributions and intercompany items are eliminated. If both the parent corporation and the domestic international sales corporation are nonapportioning North Dakota corporations, the domestic international sales corporation must be required to file a return and compute income subject to state tax based on its total income, and the parent corporation will be allowed a deduction for the deemed distribution to the extent of the domestic international sales corporation's business activity taxed in this state. If the domestic international sales corporation is taxed on its total income, then the parent corporation may deduct one hundred percent of the deemed distribution. An FSC (foreign sales corporation) must be treated the same as a domestic international sales corporation for state tax purposes. Distributions made by the foreign sales corporation to the parent corporation must be included in the parent's income for state tax purposes. The tax commissioner may also require a combined report by the parent corporation to include the total income of the foreign sales corporation, with deemed distributions and intercompany items eliminated.
Amendment history
History: Effective July 1, 1985; amended effective April 1, 1995. General Authority: NDCC 57-38-56 Law Implemented: NDCC 57-38-01, 57-38-01.3
Source: view the official PDF
In this article (40 sections)
- 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
- 81-03-05.1-06 · Tax credit for research and experimental expenditures
- 81-03-05.1-07 · Net operating losses
- 81-03-05.1-08 · Consolidated returns
- 81-03-05.2-01 · Definitions
- 81-03-05.2-02 · Water's edge election
- 81-03-05.2-03 · Method of reporting
- 81-03-05.2-04 · Elements of the water's edge combined report
- 81-03-05.2-05 · Domestic disclosure spreadsheet
- 81-03-05.2-06 · Failure to comply with water's edge election
- 81-03-05.2-06.1 · Recission of a water's edge election
- 81-03-05.2-07 · Procedure for review of tax commissioner's recision of…
- 81-03-05.2-08 · Administrative provisions of income tax law applicable
- 81-03-05.3-01 · Definitions
- 81-03-05.3-02 · Method of filing
- 81-03-05.3-03 · Elements of worldwide combined report
- 81-03-05.4-01 · Definitions
- 81-03-05.4-02 · Use of this rule