Fillable Form 40x - Amended Corporation Income Tax Return (Page 2 of 4) in pdf

North Dakota Amended Corporation Income Tax Return Instructions

General instructions

Where to obtain forms

Who must ﬁ le

If the circle is marked, the corporation is authorizing

Forms, schedules and instructions may be obtained

A North Dakota Amended Corporation Income Tax

the North Dakota Ofﬁ ce of State Tax Commissioner

Return, Form 40X, must be ﬁ led if:

by e-mailing us at corptax@nd.gov, visiting our web

to contact the preparer to answer any questions that

site at , or calling 701.328.1249.

•

An amended federal income tax return is ﬁ led;

may arise during the processing of its return.

•

Federal taxable income or federal income tax

liability is changed as a result of a federal audit;

For the speech and hearing impaired, call Relay

The corporation is also authorizing the preparer to:

•

A corporation's North Dakota income is changed

North Dakota at 1.800.366.6888.

•

Give the North Dakota Ofﬁ ce of State Tax

as a result of a North Dakota loss carryback (see

Commissioner any information that is missing

instruction for line 13);

Federal attachments required

from the return,

•

The corporation wishes to correct an error

A complete copy of the amended federal return

•

Call the North Dakota Ofﬁ ce of State Tax

discovered on a previously ﬁ led return; or

or Federal Form 1139 or Federal Revenue Agent

Commissioner about the processing of the return

•

The corporation receives a refund of federal

Report, must be attached to the Form 40X.

or the status of any related refund or payment(s),

income tax which was deducted on a previously

and

ﬁ led return.

In addition, if the corporation is included in a

•

Respond to certain North Dakota Ofﬁ ce of State

consolidated federal return, the following must be

Tax Commissioner notices that the corporation

Information relating to an amended return can be

attached:

found in North Dakota Century Code §§ 57-38-38

has shared with the preparer about math errors

•

A copy of the corporation's amended pro forma

and 57-38-40.

separate company federal return;

and return preparation. The notices will not be

•

Pages 1-4 of the amended consolidated federal

sent to the preparer.

How to prepare an amended return

return; and

In order to ﬁ le a complete Form 40X, a corrected

The corporation is not authorizing the preparer to

•

The schedule of gross income and deductions,

Form 40, page 1 and supporting schedules, for the

by company, which supports the amended

receive any refund check, bind the corporation to

year being amended must be prepared. Complete

consolidated taxable income.

anything (including any additional tax liability),

Form 40X using speciﬁ c instructions below and

or otherwise represent the corporation before the

attach the corrected Form 40, Page 1, and ONLY the

Where to ﬁ le

North Dakota Ofﬁ ce of State Tax Commissioner.

North Dakota Schedules FACT, FACT-1, SA, CR,

Completed returns should be mailed to the Ofﬁ ce

If the corporation wants to expand the preparer’s

FTD, TC, WE, WW, AMT-C and/or AMT -R which

of State Tax Commissioner, 600 E. Boulevard Ave.,

authorization, North Dakota Form 500,

have been corrected. Use forms and schedules from

Dept. 127, Bismarck, ND 58505-0599.

Authorization to Disclose Tax Information and

the tax booklet for the year being amended.

Designation of Representative, will need to be

Payment of tax

signed and ﬁ led with our ofﬁ ce. North Dakota

Preparer authorization

If tax due is less than $5.00, payment need not be

Form 500 can be found on our web site at

made. If tax is due, the total payment due must be

If the corporation wants to allow the North Dakota

. Click on Corporate Income and

paid when the return is ﬁ led.

Ofﬁ ce of State Tax Commissioner to discuss its

then Forms.

tax return with the preparer who signed it, mark

Payment may be made by check or money order to

the circle in the signature area of the return. This

the North Dakota State Tax Commissioner. Payment

The authorization will automatically end 6 months

authorization applies only to the individual whose

may also be made by using the Automated Clearing

from the date the amended return is ﬁ led.

signature appears in the “Signature of Preparer”

House (ACH) credit procedure of electronic funds

section of the corporation’s return. It does not apply

page at

transfer. See the department's web

to the ﬁ rm, if any, shown in that section.

for more information.

This return is incomplete without all required state and federal attachments

Specific line instructions

Line 13

entire state loss. To elect to forego the carryback

Line 17

period for a North Dakota loss, a corporation

The North Dakota net operating loss deduction

Enter on this line the gross proceeds from the sale,

allowed on the Form 40X is the amount of the

must make the election on the original return that

assignment or transfer of unused North Dakota

was timely ﬁ led for the year in which the loss

accumulated net operating loss less any previously

tax credits from the Credit for Research and

deducted loss carryback or carryforward. Only

was incurred. If an election is not made, the loss

Experimental Expenditures or from the Geothermal,

must be carried back.

Solar, Wind or Biomass energy tax credit. Refer

a state net operating loss which occurs when a

corporation does business in North Dakota is

to the corporation income tax booklet for the year

For taxable years beginning before January 1,

being amended for instructions.

allowed as a state carryback or carryforward.

1993.

Additional information is contained in N.D.C.C.

•

If a corporation incurs a state loss, in the same

Line 18

§ 57-38-01.3(3) and North Dakota Administrative

year it incurs a federal loss, the loss must be

If line 17 is zero enter the amount from line 16.

Code § 81-03-05.1-07.

carried back and carried forward in the same

If line 16 is zero or less and line 17 is greater than

manner as elected for federal purposes.

zero, enter the amount from line 17.

The state loss is carried back or forward as follows:

If line 16 is greater than zero, enter the total of line

For taxable years beginning after December 31,

Consequently, a federal election to forego the

16 and line 17.

2002.

carryback period also applies to the state loss.

•

Effective for a North Dakota net operating

Line 23

•

If a corporation incurs a state loss, but no federal

loss incurred in a taxable year beginning after

North Dakota law provides for certain tax credits

net operating loss, the loss may be carried back

December 31, 2002, a corporation may not carry

and carried forward for the same period as a

to a corporation. These credits may have limits and

the loss back to a previous tax year.

carryback/carryforward provisions. Refer to the

federal loss. The corporation may elect to forego

the carryback period and carry forward the entire

corporation income tax booklet for the year being

For taxable years beginning on or after

amended for instructions pertaining to these credits.

January 1, 1993, and before January 1, 2003.

state loss. A corporation must make an election

to carryforward the loss with an original return

Attach an explanation for all changes to credits.

•

A state net operating loss must be carried back

and carried forward for the same period as a

that is timely ﬁ led for the year in which the loss

Lines 26a and 27a

was incurred. If an election is not made, the loss

federal loss. However, a corporation may elect to

The current provisions for interest and penalty are

must be carried back.

forego the carryback period and carryforward the

outlined on the back page of this form.

Form 40x - Amended Corporation Income Tax Return Page 2

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