N.D. Admin. Code 81-03-09-16
Property shall be included in the property factor if it is actually used or is available for or capable of being used during the tax period in the regular course of the trade or business of the taxpayer. Property held as reserves or standby facilities or property held as a reserve source of materials shall be included in the factor. For example, a plant temporarily idle or raw material reserves not currently being processed are includable in the factor. Property or equipment under construction during the tax period, except inventoriable goods in process, shall be excluded from the factor until such property is actually used in the regular course of the trade or business of the taxpayer. If the property is partially used in the regular course of the trade or business of the taxpayer while under construction, the value of the property to the extent used shall be included in the property factor. Property used in the regular course of the trade or business of the taxpayer shall remain in the property factor until its permanent withdrawal is established by an identifiable event such as its conversion to the production of nonbusiness income, its sale, or the lapse of an extended period of time, normally, five years, during which the property is held for sale.
Example a: The taxpayer closed its manufacturing plant in state X and held such property for sale. The property remained vacant until its sale one year later. The value of the manufacturing plant is included in the property factor until the plant is sold.
Example b: Same as example a except that the property was rented until the plant was sold. The plant is included in the property factor until the plant is sold.
Example c: The taxpayer closed its manufacturing plant and leased the building under a five-year lease. The plant is included in the property factor until the commencement of the lease.
Example d: The taxpayer operates a chain of retail grocery stores. Taxpayer closed store A, which was then remodeled into three small retail stores such as a dress shop, drycleaning, and barber shop, which were leased to unrelated parties. The property is removed from the property factor on the date the remodeling of store A commenced.
General Authority: NDCC 57-38-56
Law Implemented: NDCC 57-38.1-10, 57-59-01 (art.IV(10))
N.D. Admin Code 81-03-09-16