Form 58 Instructions - 1998
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1
2North Dakota Office of State Tax Commissioner
1998
instructions
Page 1
General instructions
Who must file
may also be allowed for an investment made
Form 58. The partnership must provide its
under N.D.C.C. ch. 10-30.1. Contact the
nonresident individual, estate and trust
A partnership must file Form 58, North
Office of State Tax Commissioner for more
partners with a statement informing them
Dakota Partnership Return Of Income, if it is
information.
about the requirement to file a North Dakota
required to file a federal partnership return
income tax return and showing the partner's
(Form 1065 or Form 1065-B) and it carries on
Apportionment and allocation
distributive share of North Dakota income or
business, or derives income from sources, in
loss. A nonresident individual must file
of income or loss by
North Dakota.
either Form 37-S or Form 37, and a
partnership
Limited liability company (LLC). If an LLC
nonresident estate or trust must file Form 38.
A partnership that carries on its business
is treated like a partnership for federal income
Corporation, partnership or limited
entirely within North Dakota must report all
tax purposes, it is a partnership for North
liability company (LLC). A corporation,
of its income or loss to North Dakota.
Dakota income tax purposes.
partnership or LLC must file a North Dakota
A partnership that carries on its business both
Financial institution. If a partnership meets
income tax return if it derives income from a
inside and outside North Dakota must
the definition of a financial institution under
partnership which does business, or derives
apportion and allocate its income or loss to
N.D.C.C. ch. 57-35.3, it must file North
income from sources, in North Dakota. The
North Dakota in a manner similar to a
Dakota Form 35, Financial Institution Tax
partnership must provide its corporation,
multistate corporation under the provisions of
Return. In this case, Form 58 must not be
partnership and LLC partners with a
N.D.C.C. ch. 57-38.1 (Uniform Division of
used.
statement informing them about the
Income Tax Act).
requirement to file a North Dakota income
Signature. Form 58 must be signed by a
tax return. Special rules apply for
Exception to apportionment/allocation
general partner (or LLC member, if
determining the amount of income or loss
calculations. If all of its partners are resident
applicable) or an authorized representative.
taxable by North Dakota in the case of a
individuals, estates and trusts, a multistate
corporation, partnership or LLC partner. A
Nonfiler penalty. If a partnership fails to file
partnership does not have to apply the
regular corporation must file Form 40 and an
after notice to file is given by the Tax
apportionment and allocation provisions in
S corporation must file Form 60. A
Commissioner, a minimum penalty of $500
completing Form 58. This is because
partnership must file Form 58. The type of
may be assessed.
individual, estate and trust partners must
return, if any, that must be filed by an LLC
report to North Dakota their entire
depends on its entity classification for federal
When and where to file
distributive share of the partnership's federal
income tax purposes.
Form 58 must be filed on or before the 15th
income or loss, regardless of where the
day of the 4th month following the close of
partnership carries on its business.
Composite return
the taxable year. Mail the return to: Office of
A composite filing method is allowed as an
State Tax Commissioner, State Capitol, 600
Reporting of income or loss
alternative method of filing for nonresident
E. Blvd. Ave., Bismarck, ND 58505-0599.
by partners
individual partners. Under this method, one
individual income tax return, referred to as a
A partnership is not subject to North Dakota
Information at the source
"composite return," may be filed by the
income tax. Its income or loss is passed
returns
partnership on behalf of two or more eligible
through to its partners. The amount of
partners. For details, obtain the Income Tax
Every partnership doing business in North
income or loss to report and the forms and
Guideline: Composite Filing Method.
Dakota which is required to file Federal Form
procedures that apply depend on the type of
1099 or W-2 must also file one with the
partner, as explained below.
Assistance
Office of State Tax Commissioner. For more
Resident individual, estate or trust. A
information, obtain the Income Tax
For forms or assistance, call (701)328-3450
resident individual, estate or trust must report
Guideline: Information At The Source Return
or (toll free within North Dakota)
to North Dakota its entire distributive share of
Requirements And Procedures.
1-800-638-2901. Speech or hearing impaired
the partnership's income, gains, and losses, as
persons may call us through Relay North
determined for federal income tax purposes.
Tax incentives for investment
Dakota at 1-800-366-6888 (ask for
This applies even though the partnership is
in certain businesses
1-800-638-2901).
required to apportion and allocate its income
If a partnership invests in a North Dakota
or loss to North Dakota. The partnership is
Persons having Internet access may obtain
venture capital corporation under N.D.C.C.
not required to provide any statement or other
forms, submit questions or comments, and
ch. 10-30.1, the North Dakota Small Business
information to a resident individual, estate or
find other information at:
Investment Company under N.D.C.C.
trust partner.
ch.10-30.2, a North Dakota certified
Nonresident individual, estate or trust. A
Or write to:
nonprofit development corporation under
nonresident individual, estate or trust must
Office of State Tax Commissioner
N.D.C.C. § 10-33-124, or a qualified business
report to North Dakota only its distributive
State Capitol
under N.D.C.C. ch. 57-38.5 (seed capital
share of the partnership's North Dakota
600 E. Boulevard Ave.
investment credit), the partners may be
income or loss, as determined and reported on
Bismarck, ND 58505-0599
entitled to an income tax credit. A deduction
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