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North Dakota Century Code — Title 57 (Taxation)

N.D.C.C. § 57-38.1-05

Rents and royalties

Official textlegis.nd.gov

# 1.

Net rents and royalties from real property located in this state are allocable to this state.

# 2.

Net rents and royalties from tangible personal property are allocable to this state:
a. If and to the extent that the property is utilized in this state; or b. In their entirety if the taxpayer's commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized.

# 3.

The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession.

Source: view the official PDF

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In this chapter (24 sections)
  1. 57-38.1-01 · Definitions
  2. 57-38.1-02 · Taxpayers - Applicability
  3. 57-38.1-03 · Nonresident taxpayer
  4. 57-38.1-04 · Certain items - Allocation
  5. 57-38.1-05 · Rents and royalties
  6. 57-38.1-06 · Property - Capital gains and losses
  7. 57-38.1-07 · Interest and dividends
  8. 57-38.1-08 · Patents and copyrights
  9. 57-38.1-09 · Business income
  10. 57-38.1-10 · Property factor
  11. 57-38.1-11 · Property owned and rented
  12. 57-38.1-12 · Average value of property
  13. 57-38.1-13 · Payroll factor
  14. 57-38.1-14 · Compensation
  15. 57-38.1-15 · Sales factor
  16. 57-38.1-16 · Local tangible personal property sales
  17. 57-38.1-17 · Other sales
  18. 57-38.1-17.1 · Gain or loss on the sale of a partnership
  19. 57-38.1-17.2 · Taxation of two or more member limited liability…
  20. 57-38.1-17.3 · Taxation of single-member limited liability companies
  21. 57-38.1-18 · Additional methods of determining business situs
  22. 57-38.1-19 · Purpose
  23. 57-38.1-20 · Citation
  24. 57-38.1-21 · Effective date
Full table of contents →