Fillable Form 40x - Amended Corporation Income Tax Return (Page 3 of 4) in pdf

North Dakota

Form

40X

Amended Corporation Income Tax Return

(Revised Dec. 2008)

(Please detach this sheet and keep for future reference)

(See Reverse side for Interest and Penalty Provisions)

The following "Time for Filing" requirements have been summarized from the North Dakota Century Code. We have attempted to discuss

the most common situations where an amended return would be necessary. However, if a situation arises that is not discussed below, refer to

the North Dakota Century Code for the year being amended or contact the Ofﬁ ce of State Tax Commissioner at 701.328.1249.

For Taxable Years Beginning After December 31, 1990.

•

Form 40X must be ﬁ led within three years after

state income tax found to be due, even though

through the date of payment will be

the due date of the return or within three years

other time periods prescribed in N.D.C.C.

refunded.

after the return was ﬁ led, whichever period

ch. 57-38 for the assessment of tax may have

expires later, if a refund is requested.

expired. This time period does not limit or

the change is not reported within

restrict any other time period prescribed in

ninety (90) days but is reported within

•

The time period for assessment of a taxpayer

N.D.C.C. ch. 57-38 for the assessment of tax that

two (2) years of ﬁ nal determination (or

whose principal place for managing or directing

has not expired at the end of the two-year period.

within any other unexpired time period

a business is inside North Dakota is three years

for refund), the overpayment plus

after the due date of the return or three years

•

Where a loss is being carried back from a

interest accrued through ninety (90)

after the return was ﬁ led, whichever period

taxable year beginning after December 31,

days after ﬁ nal determination will be

expires later.

1986, Form 40X must be ﬁ led within three years

refunded.

after the original due date for the taxable year in

the change is not reported within

•

The time period for assessment or refund of

which the loss occurred, including extensions.

ninety (90) days, is not reported within

North Dakota corporation income tax of an out-

two (2) years after ﬁ nal determination,

of-state taxpayer is as follows:

•

The time period for reporting a change in federal

and provided all other time periods

taxable income or federal income tax liability

for refund have expired, the Ofﬁ ce of

For taxable years or

to the Ofﬁ ce of State Tax Commissioner is

State Tax Commissioner must deny

periods beginning after:

Time period

extended from thirty (30) to ninety (90) days

any claim for credit or refund.

December 31, 1990

Five Years

from the ﬁ nal determination.

December 31, 1992

Four Years

•

If all other time periods for assessment or

December 31, 1994

Three Years

If the federal change results in additional state

refund have expired, an assessment or claim for

income tax due and:

credit or refund based on a change in federal

•

If North Dakota taxable income or North

the change is reported within ninety

taxable income or federal income tax liability

Dakota income tax liability changes by an

(90) days of ﬁ nal determination, the

is limited to adjustments directly attributable to

amount in excess of twenty-ﬁ ve percent, any

time period for issuing an assessment

the federal change.

refund may be claimed within six years after

is limited to two (2) years from the date

the due date of the return, or six years after the

the change is reported, provided all

•

If a taxpayer fails to ﬁ le a return within three

return was ﬁ led, whichever period expires last.

other time periods for assessment have

years after the due date of the return, no credit

(A similar provision related to assessments was

expired.

or refund of overpaid estimated income tax

not changed and may be found in N.D.C.C.

the change is not reported within ninety

may be made.

§ 57-38-38).

(90) days of ﬁ nal determination, the

time period for issuing an assessment is

•

If a taxpayer consents to an extension of time

•

The ﬁ ling of an amended return before the

unlimited.

for the assessment of North Dakota income tax,

expiration of the time limitations provided

the period of time for ﬁ ling a claim for refund

for in N.D.C.C. ch. 57-38 allows the tax

If the federal change results in an overpayment

is similarly extended.

commissioner two years after the amended

of state income tax and:

state income tax return is ﬁ led to audit the state

the change is reported within ninety

income tax return and assess any additional

(90) days of ﬁ nal determination, the

overpayment plus interest accrued

For Taxable Years Beginning After December 31, 1984 And Before January 1, 1991

•

Form 40X must be ﬁ led within three years after

•

If there is a change in North Dakota taxable

Form 40X must be ﬁ led within the period

the due date of the return or within three years

income or adjusted federal income tax liability

which ends with the ﬁ fteenth day of the fortieth

after the return was ﬁ led, whichever period

by an amount which is in excess of twenty-ﬁ ve

month following the end of the taxable year in

expires later, if a refund is requested.

percent of the amount of taxable income stated in

which the net operating loss occurred.

the return as ﬁ led, any additional tax determined

•

The time period for assessment of a taxpayer

•

Where a loss is being carried back from a

due may be assessed any time within six years

whose principal place for managing or directing

taxable year beginning after December 31,

after the due date of the return, or six years after

a business is inside North Dakota is three years

1986, Form 40X must be ﬁ led within three

the return was ﬁ led, whichever period expires

after the due date of the return or three years

years after the original due date for the taxable

later.

after the return was ﬁ led, whichever period

year in which the loss occurred, including

expires later.

•

The ﬁ ling of an amended return before the

extensions.

expiration of the time limitation provided for

•

The time period for assessment of a taxpayer

•

The time period for reporting a change in

in N.D.C.C. ch. 57-38 shall add an additional

whose principal place for managing or directing

federal taxable income or federal income

time period of two years for assessment of a

a business is outside North Dakota is six years

tax liability to the Ofﬁ ce of State Tax

deﬁ ciency or the issuance of a credit or refund to

after the due date of the return or six years after

Commissioner is thirty days after ﬁ nal

the time limitation still remaining as of the date

the return was ﬁ led, whichever period expires

determination of any change made by the

of ﬁ ling of the amended return.

later.

Internal Revenue Service. Failure to ﬁ le within

•

Where a loss is being carried back from a

this time frame will suspend the running of the

taxable year beginning before January 1, 1987,

statute of limitations for assessment.

Form 40x - Amended Corporation Income Tax Return Page 3

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