North Dakota Corporation Income Tax Instructions

Page 1

2011 North Dakota Corporation Income Tax Return Instructions

See instructions for the North Dakota Form 40-ES

Preparer authorization

at the end of this booklet for due dates of

General instructions

If the corporation wants to allow the North Dakota

estimated payments on short period returns.

Ofﬁ ce of State Tax Commissioner to discuss its

Who must ﬁ le

2011 tax return with the preparer who signed it,

A corporation terminating as a Subchapter S

mark the circle in the signature area of the return.

Every corporation engaged in business in North

Corporation during the year, or a corporation

This authorization applies only to the individual

Dakota or having income from North Dakota

changing its annual accounting period, must

whose signature appears in the “Signature of

sources must ﬁ le a North Dakota Corporation

annualize its North Dakota taxable income and

Preparer” section of the corporation’s return. It

Income Tax Return, Form 40.

prorate its state tax liability in the same manner as

does not apply to the ﬁ rm, if any, shown in that

the federal tax liability is prorated.

For example, a North Dakota Form 40 must be

section.

ﬁ led by:

If the circle is marked, the corporation is

Extension of time for ﬁ ling

• Corporations, including business trusts,

authorizing the North Dakota Ofﬁ ce of State Tax

associations, and joint-stock companies;

An extension of time to ﬁ le a federal return is

Commissioner to contact the preparer to answer

automatically accepted by North Dakota as an

• Cooperative corporations distributing their net

any questions that may arise during the processing

extension of time to ﬁ le the state return. The state

income through patronage dividends;

of its return.

extension is for the same number of additional

• Insurance companies conducting business

months as the federal extension. Attach a copy

The corporation is also authorizing the preparer to:

activities not subject to the North Dakota gross

of the federal extension Form 7004 to the state

premiums tax;

• Give the North Dakota Ofﬁ ce of State Tax

tax return and mark the extension circle on page

Commissioner any information that is missing

• Tax-exempt organizations having unrelated

1 of the Form 40. The return will be processed

from the return;

business taxable income; and

as a delinquent return if a copy of the federal

• Call the North Dakota Ofﬁ ce of State Tax

• Organizations that anticipate receiving a tax

extension is not attached.

Commissioner about the processing of the

exempt status notiﬁ cation from the Internal

If a federal extension is not obtained, or if an

return or the status of any related refund or

Revenue Service, but have not actually

extension of time beyond the time period covered

payment(s); and

received such notiﬁ cation by the end of the

by a federal extension is needed, a North Dakota

taxable year.

• Respond to certain North Dakota Ofﬁ ce of

extension may be obtained by completing and

State Tax Commissioner notices that the

A corporation which ﬁ les a Federal Form 1120S

ﬁ ling North Dakota Form 101. This form may be

corporation has shared with the preparer about

as a small business corporation must ﬁ le a North

obtained by contacting us.

math errors and return preparation. The notices

Dakota Small Business Corporation Income Tax

will not be sent to the preparer.

An extension of time to ﬁ le a North Dakota return

Return, Form 60.

does not extend the time for payment of the tax,

The authorization will automatically end no later

Financial institutions located or doing business

and extension interest at the rate of 12% per

than the due date (excluding extensions) for ﬁ ling

within North Dakota must ﬁ le a North Dakota

annum will apply to any payment made after the

the corporation’s 2012 tax return.

Financial Institution Tax Return, Form 35. (See

regular due date of the state tax return. Penalty

The corporation is not authorizing the preparer to

N.D.C.C. ch. 57-35.3)

does not apply to tax paid within the extension

receive any refund check, bind the corporation to

period.

anything (including any additional tax liability),

Due date

Extension payments must be accompanied by

or otherwise represent the corporation before the

Form 40-EXT identifying the name, address,

A calendar year corporation ﬁ ling Form 40 must

North Dakota Ofﬁ ce of State Tax Commissioner.

and Federal Identiﬁ cation Number of the

ﬁ le on or before April 15 following the close of the

If the corporation wants to expand the preparer’s

taxpayer. The form can be found on our web

calendar year.

authorization, North Dakota Form 500,

site. Alternatively, a letter containing the above

Authorization to Disclose Tax Information and

A corporation reporting on a ﬁ scal year basis must

information along with a copy of the approved

Designation of Representative, will need to be

ﬁ le on or before the 15th day of the fourth month

state extension of time to ﬁ le may be submitted

signed and ﬁ led with our ofﬁ ce. North Dakota

following the close of the ﬁ scal year. Use the

with the prepayment of tax due.

Form 500 can be found on our web site at

2011 Form 40 for ﬁ scal years that begin in 2011

Click on Corporate Income and

and end in 2012.

then Forms.

Payment of tax

A cooperative must ﬁ le on or before the 15th

If tax due (including interest and penalty) is less

day of the ninth month following the close of

than $5.00, payment need not be made. If tax is

Attachments

the calendar or ﬁ scal year. Answer “Yes” to

due, the total payment due must be paid at the time

Question #4 on page 2 of Form 40.

A complete copy of the federal income tax return

of, or before, the return is ﬁ led. Payment may be

as ﬁ led with the Internal Revenue Service must be

made with check or money order, made payable to

Tax-exempt organizations required to ﬁ le an

attached to Form 40.

the North Dakota State Tax Commissioner.

income tax return to report unrelated business

taxable income must ﬁ le a corporation income tax

Overpayments

return on or before the 15th day of the ﬁ fth month

Payment may also be made by using the

after the tax year ends.

Automated Clearing House (ACH) credit

Overpayments of income tax may be applied to the

procedure of electronic funds transfer. To learn

2012 estimated tax (minimum $5.00) or issued as a

more, visit our web site at Click

refund (minimum $5.00).

Short period return

on Corporate Income, then Electronic Payment,

and then EFT.

A corporation required to ﬁ le a federal short

period return must ﬁ le a North Dakota short period

return for the same period. The North Dakota

return must be ﬁ led by April 15th or by the date

prescribed by the Internal Revenue Service,

whichever is later.

North Dakota Corporation Income Tax Instructions - 2011 Page 5

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