North Dakota Form Help

The following information has been provided to assist in the preparation of North Dakota state tax returns.

Form ND-1

File Form ND-1 if any of the following apply:

The taxpayer:

1. Has North Dakota income tax withheld from wages

2. Is a non-resident or part-year resident with income taxed by North Dakota

3. Is required to file a federal return and report a federal liability

Residency

1. Resident:

   An individual who:

   - Maintains an apartment, home, or other place of abode in North Dakota

   - Exercises the rights of citizenship in North Dakota by meeting the requirements as a voter

2. Part-Year Resident:

   An individual who:

   - Moved into North Dakota during the year to maintain residence from another state or country

   - Moved out of North Dakota during the year to maintain residence in another state or country

3. Non-Resident:

   An individual who does not:

   - Maintain an apartment, home, or other place of abode in North Dakota

   - Exercise the rights of citizenship in North Dakota by meeting the requirements as a voter

 

 NOTE:  A Minnesota resident does not have to file a North Dakota return if BOTH of the following apply

         - The only gross income from North Dakota sources was compensation for personal or professional services

         - The taxpayer returned to his home in Minnesota at least once each month during the time worked in North Dakota

 

         A Montana resident does not have to file a North Dakota tax return if the only gross income from North Dakota sources was wages.

Income Source Code

Select the code number from the following list that most closely corresponds to the area from which the taxpayer derived the majority of income.

Code Number     Source of Income

    01          Farming, ranching or agricultural production

    02          Retail, wholesale trade, and eating and drinking places

    03          Federal, state, county, or other government service

    04          Public or private education

    05          Accounting, legal, health, motel and other personal or professional services not classified elsewhere

    06          Construction

    07          Manufacturing

    08          Transportation, communication, and public utilities

    09          Exploration, development and extraction of coal, oil and natural gas

    10          Banking, insurance, real estate, and other financial services

    11          Military service

    12          Retirement (IRA, pensions, annuities, etc)

Amount to Contribute to Watchable Wildlife or Trees for ND Fund

The contributions can be subtracted from any overpayment, or be added to the

balance due.. An entry in this field will carry to the appropriate line

on the tax return.

Penalty on Underpayment of Estimated Tax Payments

A penalty is applicable if any of the following apply:

The taxpayer:

1. Fails to file the required estimated tax return and pay the tax within the time allowed

2. Underestimated the required amount

The penalty is calculated at 12% per annum for all installments that are underpaid.

 

Schedule ND-1FC

File Schedule FC to claim a refundable credit for family member care.

Those taxpayers who paid qualified care expenses for a qualifying family member during the year may be able to take the family member care income tax credit.

 

NOTE:  If qualified care expenses were paid for more than one qualifying family member, a separate Schedule FC must be completed for each qualifying family member.

 

Qualified care expenses means expenses for home health agency services, companionship services, personal care attendant services, homemaker services, adult day care, respite care, health care equipment and supplies, and other expenses for goods and services which are:

1. Necessary to avoid the placement of a qualifying family member in a long-term care facility.

2. Provided to or for the benefit of a qualifying family member.

3. Provided by an organization or individual not related to the taxpayer or the qualifying family member.

4. Not compensated for by insurance or a federal or state assistance program.

 

Qualifying family member is a person who:

1. Is related to the taxpayer by blood or marriage.

2. Is either at least 65 years old or disabled as determined by the Social Security Administration.

3. Has a federal taxable income equal to or less than:

   a. $20,000 if not married

   b. $35,000 if married

 

NOTE:  The taxpayer and the qualifying family member may NOT be the same person.

Schedule ND-1CR

File Schedule ND-1CR to claim a credit against North Dakota income tax due in the same year for the total income tax due to another state.

 

File Schedule ND-1CR if all of the following apply:

The taxpayer:

1. Is a resident of North Dakota or a part-year resident filing as a resident of North Dakota

2. Earned income in another state

3. Is required to pay an income tax to another state

4. Filed an individual income tax return with another state

Limitations:

This credit may not exceed any of the following:

1. The amount of income tax due the state of North Dakota

2. The amount of income tax actually paid to another state

 

If the taxpayer was a resident of North Dakota and received wages for work performed in Montana, the wages are not taxable by Montana.

 

If the taxpayer was resident of North Dakota and received wages for work performed in Minnesota, the wages are not taxable by Minnesota if the taxpayer maintained a home in North Dakota and returned to that home at least once every month.

Schedule ND-1NR

File Schedule ND-1NR, Computation of North Dakota Tax, to determine the tax on income derived from or connected with North Dakota sources when filing as a partial-year or nonresident of North Dakota and filing Form ND-1.

Form ND-1ES

File Form ND-1ES to pay North Dakota income tax liability not prepaid through withholding.

 

File Form ND-1ES if all of the following apply:

The taxpayer:

1. Is required to pay estimated federal income tax

2. Has an annual tax liability that exceeds $1000

3. Expects North Dakota income tax withholding to be less than the smaller of:

   a. 90% of the prior year net tax liability

   b. 100% of the changed current year net tax liability

Exceptions

Farmers and fishermen - If at least two thirds of your gross income is from farming or fishing you may

   a. Pay all of your estimated tax by January 15 or

   b. File your income tax return by March 1 and pay the total tax due. In this case, estimate payments are not required.

Interest

Underestimating the required amount of tax or failure to file estimated tax returns and pay the tax within the time allowed will result in an assessment of interest. The interest rate is 12% per year of the underpayment of tax from the due date to the date of payment.

Form F-101

File Form F-101 to request a four month extension of time to file the North Dakota individual income tax return.

 

If the taxpayer expects to owe additional tax, all of the state taxes due must be paid with Form F-101 by April 15.

 

Interest

If any state taxes due are paid after April 15, the taxpayer will owe an additional amount for a late payment penalty from April 15 to the date of payment. The interest rate is 12% per year.

 

NOTE: Form F-101 only extends time to file the North Dakota individual income tax return. It does not extend the due date for payment of North Dakota income taxes due.

Form ND-1UT

Form ND-1UT must be filed if the taxpayer expects to owe $500 or more in North Dakota income tax after subtracting:

a) North Dakota income tax that was withheld from income

b) North Dakota estimated tax payments made

 

And he/she expects credits and withholding to be less than the smaller of:

a) 100% of prior year's total tax liability

b) 90% of current year's tax liability

 

A penalty may be assessed if any of the following apply:

a) Did not pay enough estimated tax

b) Did not pay on time

c) Did not pay the required amount

 

A penalty may be assessed if less than 90% of the current year tax liability is paid. The penalty is 12% of the tax unpaid.