North Dakota Administrative Code
Title 81 - Tax Commissioner
Article 81-03 - Income Taxes and Privilege Taxes Based on Income
Chapter 81-03-02.1 - Income Tax on Individuals, Estates, Trusts, and Fiduciaries
Section 81-03-02.1-10 - Limitations on adjustments available on form ND-2 or form 37

Universal Citation: ND Admin Code ยง 81-03-02.1-10

Current through Supplement No. 394, October, 2024

An individual who files North Dakota individual income tax return form ND-2 or form 37 for the current year may make the following adjustments only if form ND-2 or form 37 was filed for the applicable prior year:

1. Refunds of state and local income taxes may only be deducted on form ND-2 or form 37 if they were reported on federal form 1040 for the current year and if form ND-2 or form 37 was filed for the year in which the state and local income taxes were added back.

2. The deduction provided for in subdivision b of subsection 3 of North Dakota Century Code section 57-38-01 for the amount of accelerated cost recovery system depreciation disallowed in a prior year may only be allowed on form ND-2 or form 37 if form ND-2 or form 37 was filed for the prior year when the disallowance of accelerated cost recovery system depreciation occurred.

General Authority: NDCC 57-38-56

Law Implemented: NDCC 57-38-01(3)(b), 57-38-01.2(1)(f), 57-38-30.3(9)

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