Any taxpayer claiming a federal income tax deduction shall compute federal income tax liability on income which is taxable in North Dakota in the following manner:
1. Consolidated federal income tax liability. | XXX | |
2. Separate company pro forma federal income tax liability for all of the profit companies that are on the consolidated return and included in the unitary group. Use the method described in Internal Revenue Code section 1.1552-1(a)(2). | XXX | |
3. Separate company pro forma federal income tax liability for all of the profit companies that are included on the consolidated return. | XXX | |
4. Line 2 divided by line 3. | XXX | |
5. Unitary companies' share of consolidated federal income tax liability (line 1 multiplied by line 4). | XXX | |
6. Federal taxable income of the unitary companies which are included on the consolidated return. | XXX | |
7. Amount of federal taxable income reported on line 6 that is not taxable in North Dakota. | XXX | |
8. Federal taxable income attributable to North Dakota (line 6 minus line 7). | XXX | |
9. Line 8 divided by line 6. | XXX | |
10. Consolidated federal income tax liability on income which is taxable in North Dakota (line 5 multiplied by line 9). | XXX |
N.D. Admin Code 81-03-05.4-03
General Authority: NDCC 57-38-57
Law Implemented: NDCC 57-38-01.3