N.D. Admin. Code 81-03-09-24
The numerator of the payroll factor is the total amount paid in this state during the tax period by the taxpayer for compensation. The tests in either North Dakota Century Code section 57-38.1-14 or article IV(14) of North Dakota Century Code section 57-59-01 to be applied in determining whether compensation is paid in this state are derived from the Model Unemployment Compensation Act. Accordingly, if compensation paid to employees is included in the payroll factor by use of the cash method of accounting or if the taxpayer is required to report such compensation under such method for unemployment compensation purposes, it shall be presumed that the total wages reported by the taxpayer to this state for unemployment compensation purposes constitutes compensation paid in this state except for compensation excluded under sections 81-03-09-22, 81-03-09-23, and 81-03-09-24. The presumption may be overcome by satisfactory evidence that an employee's compensation is not properly reportable to this state for unemployment compensation purposes.
General Authority: NDCC 57-38-56
Law Implemented: NDCC 57-38.1-13, 57-59-01 (art.IV(13))
N.D. Admin Code 81-03-09-24