North Dakota Administrative Code Title 81 — Tax Commissioner
N.D. Admin. Code § 81-03-09-18
Property factor - Numerator
The numerator of the property factor shall include the average value of the real and tangible personal property owned or rented by the taxpayer and used in this state during the tax period in the regular course of the trade or business of the taxpayer. Property in transit between locations of the taxpayer to which it belongs shall be considered to be at the destination for purposes of the property factor. Property in transit between a buyer and seller which is included by a taxpayer in the denominator of its property factor in accordance with its regular accounting practices shall be included in the numerator according to the state of destination. The value of mobile or movable property such as construction equipment, trucks, or leased electronic equipment which are located within and without this state during the tax period shall be determined for purposes of the numerator of the factor on the basis of total time within the state during the tax period. An automobile assigned to a traveling employee shall be included in the numerator of the factor of the state to which the employee's compensation is assigned under the payroll factor or in the numerator of the state in which the automobile is licensed.
Amendment history
General Authority: NDCC 57-38-56 Law Implemented: NDCC 57-38.1-10, 57-59-01 (art.IV(10))
Source: view the official PDF
In this article (40 sections)
- 81-03-09.2-02 · Sales factor weighting election
- 81-03-09.2-03 · Sales factor weighting election applicability
- 81-03-09.2-04 · Rescission of a sales factor weighting election
- 81-03-09.2-05 · Provisions of income tax laws applicable
- 81-03-09.2-06 · Taxable years
- 81-03-09-03 · Business and nonbusiness income defined
- 81-03-09-04 · Two or more businesses of a single taxpayer
- 81-03-09-05 · Business and nonbusiness income - Application of…
- 81-03-09-06 · The numerator of the revenue factor is the total revenue…
- 81-03-09-07 · Apportionment
- 81-03-09-08 · Combined report
- 81-03-09-09 · Allocation
- 81-03-09-10 · Consistency and uniformity in reporting
- 81-03-09-11 · Taxable in another state - In general
- 81-03-09-12 · Taxable in another state - When a taxpayer is "subject…
- 81-03-09-13 · Taxable in another state - When a state has jurisdiction…
- 81-03-09-14 · Apportionment formula
- 81-03-09-15 · Property factor - In general
- 81-03-09-16 · Property factor - Property used for the production of…
- 81-03-09-17 · Property factor - Consistency in reporting
- 81-03-09-18 · Property factor - Numerator
- 81-03-09-19 · Property factor - Valuation of owned property
- 81-03-09-20 · Property factor - Valuation of rented property
- 81-03-09-21 · Property factor - Averaging property values
- 81-03-09-21.1 · Property factor - Intangible drilling costs
- 81-03-09-22 · Payroll factor - In general
- 81-03-09-23 · Payroll factor - Denominator
- 81-03-09-24 · Payroll factor - Numerator
- 81-03-09-25 · Payroll factor - Compensation paid in this state
- 81-03-09-26 · Sales factor - In general
- 81-03-09-27 · Sales factor - Denominator
- 81-03-09-28 · Sales factor - Numerator
- 81-03-09-29 · Sales factor - Sales of tangible personal property in…
- 81-03-09-30 · Sales factor - Sales of tangible personal property to…
- 81-03-09-31 · Sales factor - Sales other than sales of tangible…
- 81-03-09-32 · Special rules - In general
- 81-03-09-33 · Special rules - Property factor
- 81-03-09-34 · Special rules - Sales factor
- 81-03-09-35 · Special rules - Railroads
- 81-03-09-36 · Special rules - Airlines