North Dakota Administrative Code
Title 81 - Tax Commissioner
Article 81-03 - Income Taxes and Privilege Taxes Based on Income
Chapter 81-03-09.2 - SALES FACTOR WEIGHTING ELECTION
Section 81-03-09.2-01 - Definitions

1. "Affiliated corporation" means a corporation whose voting stock is over fifty percent owned, directly or indirectly, by another corporation.

2. "Apportionment factor" means the resulting computation of the percentage of a taxpayer's business income that is assignable to this state.

3. "Consolidated return" means a single corporation income tax return that reports the tax liability of more than one corporation engaged in business in or having sources of income from North Dakota.

4. "Passthrough entity" has the same meaning as in North Dakota Century Code section 57-38-01.

5. "Sales factor" has the same meaning as in North Dakota Century Code section 57-38.1-15.

6. "Sales factor weighting election" means the election provided in North Dakota Century Code section 57-38.1-09 allowing a taxpayer to weight its sales factor fifty percent for tax years 2016 and 2017, seventy-five percent for tax year 2018, and one hundred percent for tax years 2019 and thereafter.

7. "Taxpayer" means a person other than a passthrough entity that is required to file a North Dakota income tax return.

8. "Unitary business" means a group of corporations engaged in a unitary business described in chapter 81-03-05.3.