Form 58 - Partnership Income Tax - 2013 (Page 4 of 35) in pdf

General

Extension of time to ﬁ le

Alternatively, a payment may be sent with

a letter containing the following: (1) Name

An extension of time to ﬁ le Form 58 may be

instructions

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

obtained in one of the following ways:

Partnership’s address and phone number;

•

Obtain a federal extension.

and (4) Statement that the payment is a 2013

Who must ﬁ le

•

Separately apply for a North Dakota

Form 58-EXT payment.

extension.

A 2013 Form 58, Partnership Income Tax

Penalty and interest

Return, must be ﬁ led by a partnership that

Federal extension. If an extension of time to

meets both of the following:

The tax due must be paid by the due date

ﬁ le the federal partnership return is obtained,

(without extension) of Form 58 to avoid

it is automatically accepted as an extension of

•

It is required to ﬁ le a 2013 Form 1065,

penalty and interest charges. However, if

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

U.S. Return of Partnership Income,

an extension of time to ﬁ le Form 58 was

North Dakota extension does not have to

or 2013 Form 1065-B, U.S. Return of

obtained, the tax due may be paid by the

be applied for, nor does the Ofﬁ ce of State

Income for Electing Large Partnerships

extended due date of the return without

Tax Commissioner have to be notiﬁ ed that a

(see “Investment partnership” below for

penalty, but extension interest will apply—see

federal extension has been obtained prior to

an exception to this condition); and

Extension interest and Prepayment of tax

ﬁ ling Form 58. The extension period for state

•

It carries on business, or derives gross

due on this page.

purposes is the same length as the federal

income from sources, in North Dakota

extension period. The “Extension” circle on

during its 2013 tax year.

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

page 1 of Form 58 must be marked to indicate

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

Investment partnership. A partnership

that a federal extension has been obtained.

fully paid with the return, a penalty equal to

that elects out of the partnership rules under

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

North Dakota extension. If a federal

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

greater, must be paid.

extension is not obtained, but additional

partnership return must ﬁ le a 2013 Form 58

time is needed to complete and ﬁ le Form 58,

if it carries on investment activity, or derives

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

a separate North Dakota extension may be

any gross income from sources, in North

date (or extended due date), a penalty equal

applied for by ﬁ ling Form 101, Application

Dakota during its 2013 tax year. A 2013

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

for Extension of Time to File a North

Form 1065 must be completed on a pro forma

greater, for the month the return was due plus

Dakota Tax Return. This is not an automatic

basis and attached to Form 58.

5% of the tax due for each additional month

extension—there must be good cause to

(or fraction of a month) during which the

Limited liability company (LLC). A limited

request a North Dakota extension. Form 101

return remains delinquent must be paid. This

liability company that is classiﬁ ed as a

must be postmarked on or before the due

penalty may not exceed 25% of the tax due.

partnership for federal income tax purposes

date of Form 58. Notiﬁ cation of whether

is treated like a partnership for North Dakota

the extension is accepted or rejected will

In addition to any penalty, interest must be

income tax purposes and must ﬁ le Form 58 if

be provided by the Ofﬁ ce of State Tax

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

it meets the above conditions for ﬁ ling.

Commissioner. The “Extension” circle on

of a month) except for the month in which

page 1 of Form 58 must be marked to indicate

the tax was due, on any tax due that remains

Nonﬁ ler penalty. If a partnership does not

that an extension has been obtained.

unpaid after the due date (or extended due

ﬁ le Form 58 after receiving a thirty-day

date) of the return.

notice to ﬁ le by the Ofﬁ ce of State Tax

Extension interest. If Form 58 is ﬁ led on

Commissioner, a minimum penalty of $500

or before the extended due date, and any tax

Estimated tax payment

may be assessed.

due is paid with the return, no penalty will

A partnership may, but is not required to,

be charged. Interest on the tax due will be

When and where to ﬁ le

make estimated tax payments of income tax

charged at the rate of 12% per year from the

expected to be due on Form 58. To make

original due date of the return to the earlier

The 2013 Form 58 must be ﬁ led no later than:

an estimated payment for the 2014 tax year,

of the date the return is ﬁ led or the extended

•

April 15, 2014, if ﬁ ling for the 2013

send a check or money order along with a

due date.

calendar year; or

completed 2014 Form 58-ES, Partnership

•

The 15th day of the 4th month following

Prepayment of tax due. If an extension

Estimated Tax Payment Voucher.

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

the end of the tax year, if ﬁ ling for

expected that there will be a tax balance due,

a ﬁ scal year beginning in the 2013

Withholding from

calendar year.

the expected tax balance due may be paid

nonresident individual

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

partners

Note: Use the 2012 Form 58 if the

send a check or money order along with a

partnership’s ﬁ scal year began in the

A partnership must withhold North Dakota

completed 2013 Form 58-EXT, Partnership

2012 calendar year.

income tax at the rate of 3.22% (.0322)

Extension Payment Voucher, on or before the

from the distributive share of North Dakota

regular due date of Form 58.

Mail Form 58 and all required attachments to:

income of its nonresident individual partners.

Ofﬁ ce of State Tax Commissioner

This requirement does not apply to actual

600 East Boulevard Ave., Dept. 127

distributions made by the partnership to

Bismarck, ND 58505-0599

nonresident individual partners during the

tax year; instead, the withholding amount

Form 58 - Partnership Income Tax - 2013 Page 4

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