North Dakota Oil Producers Report And Oil Purchasers Report Instructions Sheet (Page 5 of 23) in pdf

When correcting volume and value reported in error under a wrong API or group number, you must file the worksheet credit entry

under an “amended” coversheet.

PROCEDURE FOR CLAIMING A TAX CREDIT:

Pursuant to N.D. Admin. Code § 81-09-02-03, a claim for credit is made by filing an amended report and submitting it to the Commis-

sioner within the time period set out in the law. See #13 for the Statute of Limitations.

A limited review of the report will be performed to determine that tax was paid with a previously filed report and that the amended

report is completed properly. Mathematical or clerical errors may be corrected by the Commissioner after notification is provided to

the taxpayer. The review as indicated above does not constitute an audit and does not preclude audit adjustments in the future.

Pursuant to N.D. Admin. Code § 81-09-02-03.2, under no circumstances may the taxpayer apply a tax credit on an original report

without the express permission of the Commissioner. When the tax credit is granted by the Commissioner, the taxpayer will be notified

by telephone, with written confirmation, of the amount of the tax credit which may be used to reduce the current month’s tax liability.

10. PROCEDURE FOR CLAIMING A TAX REFUND:

Pursuant to N.D. Admin. Code § 81-09-02-03, a claim for refund is made by submitting the following items to the Commissioner

within the time period set out in the law. See #13 for the Statute of Limitations.

• An amended report for each production period being adjusted.

• A written statement outlining:

• the specific grounds upon which the claim is based,

• the total amount of the refund claimed, and

• a list of the leases and production periods involved.

• Any documentation supporting the claim.

A limited review of the amended report will be performed to determine that tax was paid with a previously filed report and that the

amended report is completed properly. Mathematical or clerical errors may be corrected by the Commissioner after notification is

provided to the taxpayer. The review as indicated above does not constitute an audit and does not preclude audit adjustments in the

future.

When the tax refund is granted by the Commissioner, a refund check will be issued to the taxpayer.

11. INTEREST ON REFUNDS:

The Commissioner does not have the authority to pay interest on a tax credit. For taxable periods before July 1, 1991, the Commis-

sioner does not have the authority to pay interest on a tax refund.

For taxable periods beginning on or after July 1, 1991, interest of ten percent per annum is paid on tax refunds, at a daily rate of

.000277.

The accrual period for interest on refunds is as follows:

• For taxable periods beginning on or after July 1, 1991, through June 30, 1993, interest accrues from the date the tax is paid

through the date the refund is mailed to the taxpayer.

• For taxable periods beginning on or after July 1, 1993, interest accrues from sixty days after the due date of the report or after

the report was filed or after the tax was fully paid, whichever comes later, through the date the refund is mailed to the tax-

payer.

12. NOTICES OF ASSESSMENT AND CREDIT/REFUND DENIALS:

The procedures and time requirements to be followed by the Commissioner for issuing a notice of assessment, or notice of credit/

refund denial, and the appeal process to be used by a taxpayer are provided for by N.D. Admin. Code §§ 81-09-02-02 and

81-09-02-03. Additional information is also available in the North Dakota Taxpayer Bill of Rights.

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North Dakota Oil Producers Report And Oil Purchasers Report Instructions Sheet Page 5