North Dakota Century Code — Title 57 (Taxation)
N.D.C.C. § 57-37.1-04
Computation of tax
# 1.
The amount of tax imposed upon the transfer of the North Dakota taxable estate must be equal to the maximum tax credit allowable for state death taxes against the federal estate tax imposed with respect to a decedent's estate which has a taxable situs in this state. If only a portion of a decedent's estate has a taxable situs in this state, such maximum tax credit must be determined by multiplying the entire amount of the credit allowable against the federal estate tax for state death taxes by the percentage which the value of the portion of the decedent's estate which has a taxable situs in this state bears to the value of the entire estate. For the purposes of this section, "federal estate tax" means the tax imposed on transfers of estates of decedents pursuant to the United States Internal Revenue Code of 1954, as amended, and "North Dakota taxable estate" means all property in a decedent's federal gross estate that has a situs in North Dakota.
# 2.
When property subject to the tax imposed by this chapter qualifies for valuation based on its use under section 2032A of the Internal Revenue Code, it has the same value for North Dakota estate tax purposes as it has for federal estate tax purposes. If, after the final determination of the tax imposed by this chapter, the property valued under section 2032A of the Internal Revenue Code is transferred or otherwise fails to qualify and an additional tax is imposed under section 2032A(c) of the Internal Revenue Code, any increase in the credit for state death taxes must be reported by the personal representative to the tax commissioner within ninety days after final determination of the increased credit. Upon notification, the tax commissioner shall reassess the estate tax.
Source: view the official PDF
In this chapter (19 sections)
- 57-37.1-01 · Definitions
- 57-37.1-02 · Tax on transfer of estates
- 57-37.1-03 · Determination of North Dakota taxable estate
- 57-37.1-04 · Computation of tax
- 57-37.1-05 · Property previously taxed
- 57-37.1-07 · Taxes payable as of date of death - Interest rate
- 57-37.1-08 · Collection and distribution of tax - Refunds
- 57-37.1-09 · Beneficiaries to share burden of tax
- 57-37.1-09.1 · Lien for tax
- 57-37.1-11 · Valuations, reports, inventories, estate tax applications,…
- 57-37.1-13 · Depositories - Notice of transfer of decedent's assets
- 57-37.1-14 · Penalties
- 57-37.1-15 · Liability of representatives
- 57-37.1-16 · Penalty for false statements or reports
- 57-37.1-17 · Supervision by tax commissioner
- 57-37.1-18 · Preliminary appraisal if no estate tax return is filed
- 57-37.1-20 · Actions to quiet title to property
- 57-37.1-21 · When return required
- 57-37.1-22 · Secrecy as to returns