North Dakota Administrative Code
Title 81 - Tax Commissioner
Article 81-03 - Income Taxes and Privilege Taxes Based on Income
Chapter 81-03-02.2 - Income Tax on Nonresident Individuals, Estates, Trusts, and Fiduciaries
Section 81-03-02.2-04 - Deduction for federal income tax liability - Limitation

Universal Citation: ND Admin Code ยง 81-03-02.2-04

Current through Supplement No. 394, October, 2024

In determining the North Dakota taxable income of a nonresident, the deduction for the federal income tax liability must be adjusted as follows:

1. The federal foreign income tax credit must be subtracted.

2. After subtracting the federal foreign income tax credit, the result must be multiplied by a fraction in which the numerator is the amount of the federal adjusted gross income allocated and apportioned to North Dakota reduced by the amount of income that is excludable from North Dakota taxable income due to North Dakota statutes, federal statutes, or constitutional provisions, and the denominator is federal adjusted gross income.

General Authority: NDCC 57-38-56

Law Implemented: NDCC 57-38-01.2, 57-38-06

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