Form 58 - North Dakota Partnership Income Tax Booklet

General

Note: Use the 2011 Form 58 if the

Prepayment of tax due. If an extension

partnership’s ﬁ scal year began in the

of time to ﬁ le Form 58 is obtained and it is

instructions

2011 calendar year.

expected that there will be a tax balance due,

the expected tax balance due may be paid

Mail Form 58 and all required attachments to:

on or before the regular due date. To do so,

Who must ﬁ le

send a check or money order along with a

Ofﬁ ce of State Tax Commissioner

A 2012 Form 58, Partnership Income Tax

completed 2012 Form 58-EXT, Partnership

600 East Boulevard Ave., Dept. 127

Extension Payment Voucher, on or before the

Return, must be ﬁ led by a partnership that

Bismarck, ND 58505-0599

regular due date of Form 58.

meets both of the following:

Extension of time to ﬁ le

•

It is required to ﬁ le a 2012 Form 1065,

Alternatively, a payment may be sent with

The extension of time to ﬁ le the North Dakota

U.S. Return of Partnership Income,

a letter containing the following: (1) Name

return is the same number of months as the

or 2012 Form 1065-B, U.S. Return of

of partnership; (2) Partnership’s FEIN; (3)

extension of time to ﬁ le the federal return.

Income for Electing Large Partnerships

Partnership’s address and phone number;

(see “Investment partnership” below for

and (4) Statement that the payment is a 2012

An extension of time to ﬁ le Form 58 may be

an exception to this condition); and

Form 58-EXT payment.

obtained in one of the following ways:

•

It carries on business, or derives gross

•

Obtain a federal extension.

Penalty and interest

income from sources, in North Dakota

•

Separately apply for a North Dakota

during its 2012 tax year.

The tax due must be paid by the due date

extension.

(without extension) of Form 58 to avoid

Exception for ﬁ nancial institution. If an

penalty and interest charges. However, if

Federal extension. If an extension of time to

entity is a bank, trust company, bank holding

an extension of time to ﬁ le Form 58 was

ﬁ le the federal partnership return is obtained,

company, or other ﬁ nancial institution deﬁ ned

obtained, the tax due may be paid by the

it is automatically accepted as an extension of

under N.D.C.C. § 57-35.3-01(2), it is subject

extended due date of the return without

time to ﬁ le Form 58. If this applies, a separate

to the North Dakota ﬁ nancial institution tax

penalty, but extension interest will apply—see

North Dakota extension does not have to

and must ﬁ le Form 35, Financial Institution

Extension interest and Prepayment of tax

be applied for, nor does the Ofﬁ ce of State

Tax Return. Do not complete nor ﬁ le Form 58

due on this page.

Tax Commissioner have to be notiﬁ ed that

if required to ﬁ le Form 35.

a federal extension has been obtained prior

If Form 58 is ﬁ led on or before its due date

Investment partnership. A partnership

to ﬁ ling Form 58. The “Extension” circle on

(or extended due date), but the tax due is not

that elects out of the partnership rules under

page 1 of Form 58 must be marked to indicate

fully paid with the return, a penalty equal to

I.R.C. § 761(a)(1) and does not ﬁ le a federal

that a federal extension has been obtained.

5% of the unpaid tax or $5.00, whichever is

partnership return must ﬁ le a 2012 Form 58

greater, must be paid.

North Dakota extension. If a federal

if it carries on investment activity, or derives

extension is not obtained, but additional

any gross income from sources, in North

If Form 58 is not ﬁ led on or before its due

time is needed to complete and ﬁ le Form 58,

Dakota during its 2012 tax year. A 2012

date (or extended due date), a penalty equal

a separate North Dakota extension may be

Form 1065 must be completed on a pro forma

to 5% of the tax due or $5.00, whichever is

applied for by ﬁ ling Form 101, Application

basis and attached to Form 58.

greater, for the month the return was due plus

for Extension of Time to File a North

5% of the tax due for each additional month

Limited liability company (LLC). A limited

Dakota Tax Return. This is not an automatic

(or fraction of a month) during which the

liability company that is classiﬁ ed as a

extension—there must be good cause to

return remains delinquent must be paid. This

partnership for federal income tax purposes

request a North Dakota extension. Form 101

penalty may not exceed 25% of the tax due.

is treated like a partnership for North Dakota

must be postmarked on or before the due

income tax purposes and must ﬁ le Form 58 if

In addition to any penalty, interest must be

date of Form 58. Notiﬁ cation of whether

it meets the above conditions for ﬁ ling.

paid at the rate of 1% per month (or fraction

the extension is accepted or rejected will

of a month) except for the month in which

be provided by the Ofﬁ ce of State Tax

Nonﬁ ler penalty. If a partnership does not

the tax was due, on any tax due that remains

Commissioner. The “Extension” circle on

ﬁ le Form 58 after receiving a thirty-day

unpaid after the due date (or extended due

page 1 of Form 58 must be marked to indicate

notice to ﬁ le by the Ofﬁ ce of State Tax

date) of the return.

that an extension has been obtained.

Commissioner, a minimum penalty of $500

may be assessed.

Extension interest. If Form 58 is ﬁ led on

Estimated tax payment

or before the extended due date, and any tax

When and where to ﬁ le

A partnership may, but is not required to,

due is paid with the return, no penalty will

make estimated tax payments of income tax

The 2012 Form 58 must be ﬁ led no later than:

be charged. Interest on the tax due will be

expected to be due on Form 58. To make

charged at the rate of 12% per year from the

•

April 15, 2013, if ﬁ ling for the 2012

an estimated payment for the 2013 tax year,

original due date of the return to the earlier

calendar year; or

send a check or money order along with a

of the date the return is ﬁ led or the extended

•

The 15th day of the 4th month following

completed 2013 Form 58-ES, Partnership

due date.

the end of the tax year, if ﬁ ling for

Estimated Tax Payment Voucher.

a ﬁ scal year beginning in the 2012

calendar year.

Form 58 - North Dakota Partnership Income Tax Booklet - 2012 Page 4

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