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North Dakota Administrative Code Title 81 — Tax Commissioner

N.D. Admin. Code § 81-03-09.2-04

Rescission of a sales factor weighting election

Official textlegis.nd.govlast amended

# 1.

A sales factor weighting election of a taxpayer that has had more than fifty percent of its voting stock acquired by a nonaffiliated entity is rescinded.

# 2.

A sales factor weighting election of a taxpayer formed due to reorganization or spinoff from an existing taxpayer is rescinded if, after the reorganization or spinoff, it is no longer an affiliated member of the unitary group.

# 3.

The sales factor weighting election of a taxpayer that is completely liquidated is rescinded. The election does not carry over to the entity receiving the liquidated assets. This provision does not affect the sales factor weighting election made by any taxpayer that receives liquidated assets.

# 4.

If a taxpayer's sales factor weighting election is rescinded under this section, it is not precluded from making a new sales factor weighting election in the first tax year following the rescission.

Amendment history

History: Effective July 1, 2016. General Authority: NDCC 57-38-56 Law Implemented: NDCC 57-38.1-09

Source: view the official PDF

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In this article (40 sections)
  1. 81-03-05.3-02 · Method of filing
  2. 81-03-05.3-03 · Elements of worldwide combined report
  3. 81-03-05.4-01 · Definitions
  4. 81-03-05.4-02 · Use of this rule
  5. 81-03-05.4-03 · Computation - Part I
  6. 81-03-05.4-04 · Computation - Part II
  7. 81-03-05.4-05 · Additional provisions
  8. 81-03-05.5-01 · Credit for North Dakota alternative minimum tax
  9. 81-03-05.5-02 · Deduction for federal alternative minimum tax
  10. 81-03-09-01 · General
  11. 81-03-09.1-01 · Special rules - Financial institutions
  12. 81-03-09.1-02 · Definitions
  13. 81-03-09.1-03 · Apportionment and allocation - Property factor
  14. 81-03-09.1-04 · Apportionment and allocation - Receipts factor
  15. 81-03-09.1-05 · Apportionment and allocation - Payroll factor
  16. 81-03-09.1-06 · Taxable years
  17. 81-03-09-02 · Definitions
  18. 81-03-09.2-01 · Definitions
  19. 81-03-09.2-02 · Sales factor weighting election
  20. 81-03-09.2-03 · Sales factor weighting election applicability
  21. 81-03-09.2-04 · Rescission of a sales factor weighting election
  22. 81-03-09.2-05 · Provisions of income tax laws applicable
  23. 81-03-09.2-06 · Taxable years
  24. 81-03-09-03 · Business and nonbusiness income defined
  25. 81-03-09-04 · Two or more businesses of a single taxpayer
  26. 81-03-09-05 · Business and nonbusiness income - Application of…
  27. 81-03-09-06 · The numerator of the revenue factor is the total revenue…
  28. 81-03-09-07 · Apportionment
  29. 81-03-09-08 · Combined report
  30. 81-03-09-09 · Allocation
  31. 81-03-09-10 · Consistency and uniformity in reporting
  32. 81-03-09-11 · Taxable in another state - In general
  33. 81-03-09-12 · Taxable in another state - When a taxpayer is "subject…
  34. 81-03-09-13 · Taxable in another state - When a state has jurisdiction…
  35. 81-03-09-14 · Apportionment formula
  36. 81-03-09-15 · Property factor - In general
  37. 81-03-09-16 · Property factor - Property used for the production of…
  38. 81-03-09-17 · Property factor - Consistency in reporting
  39. 81-03-09-18 · Property factor - Numerator
  40. 81-03-09-19 · Property factor - Valuation of owned property
Full table of contents →