North Dakota Administrative Code Title 81 — Tax Commissioner
N.D. Admin. Code § 81-03-10-02
Available overpayment
The procedure by which the taxpayer's return is originally processed by the tax department may result in adjustments to the available overpayment amount computed by the taxpayer for errors on the return; reduction for taxes, including interest and penalty, owed for prior years; or reduction for amounts owed pursuant to North Dakota Century Code chapter 57-38.3. When the overpayment amount computed by the taxpayer is reduced by the tax department, taxpayer designations will be reduced in the following order, each designated item to be reduced to zero before proceeding to reduce the next item:
# 1.
The amount of the overpayment that the taxpayer has designated as voluntary contributions to the watchable wildlife fund and the trees for North Dakota program trust fund. If the tax department does not reduce the overpayment computed by the taxpayer by the total amount of the voluntary contributions, any remaining overpayment will be allocated between the funds in the same ratio as the designations bear to one another on the taxpayer's return.
# 2.
The amount of the overpayment that the taxpayer has designated as a refund.
# 3.
The amount of the overpayment that the taxpayer has designated as an estimated tax payment for a succeeding year.
Amendment history
History: Effective July 1, 1989; amended effective June 1, 2002; July 1, 2016. General Authority: NDCC 57-38-56 Law Implemented: NDCC 57-38-34.3, 57-38-35.1(3), 57-38-38(1), 57-38-62, 57-38.3
Source: view the official PDF
In this article (40 sections)
- 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
- 81-03-09-37 · Special rules - Trucking companies
- 81-03-09-38 · Special rules - Television and radio broadcasting
- 81-03-09-39 · Special rules - Publishing
- 81-03-10-01 · Designation of overpayment amount
- 81-03-10-02 · Available overpayment
- 81-03-10-03 · Designation for taxpayers owing tax
- 81-03-10-04 · Taxpayers with no overpayment or balance due