N.D. Admin. Code 81-03-09-02

Current through Supplement No. 394, October, 2024
Section 81-03-09-02 - Definitions

As used in this chapter, unless the context otherwise requires:

1. "Allocation" refers to the assignment of nonbusiness income to a particular state.

2. "Apportionment" refers to the division of business income between states by the use of a formula containing apportionment factors.

3. "Article IV" or any reference to the provisions thereof means article IV, division of income of the multistate tax compact, North Dakota Century Code section 57-59-01.

4. "Business activity" refers to the transactions and activity occurring in the regular course of a particular trade or business of a taxpayer.

5. "Internal Revenue Code" or any reference to the provisions thereof means the "United States Internal Revenue Code of 1954, as amended", as that term is defined in subsection 21 of North Dakota Century Code section 57-38-01.

6. "Taxpayer" means any corporation, partnership, firm, association, governmental unit or agency, or person acting as a business entity in more than one state.

7. "Uniform Division of Income for Tax Purposes Act" or any reference to any provisions thereof means the Uniform Division of Income for Tax Purposes Act as adopted by several of the states of the United States, and the Uniform Division of Income for Tax Purposes Act as enacted in the provisions of North Dakota Century Code chapter 57-38.1.

General Authority: NDCC 57-38-56

Law Implemented: NDCC 57-38.1, 57-59

N.D. Admin Code 81-03-09-02