North Dakota Code § 57-38-01.4

Recognition of subchapter S election
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1. For the purposes of this chapter, any person as defined in section 57 -38-01 and 
required to file a North Dakota income tax return who makes an election under 
subchapter S of the Internal Revenue Code of 1954, as amended, for federal income 
tax purposes shall have such status recognized and such person's taxable income 
must be computed as provided in subchapter S of the Internal Revenue Code of 1954, 
as amended, with the adjustments allowed by this chapter or other provisions of law. 
Income of a subchapter S corporation subject to tax for federal income tax purposes is 
also subject to state income tax at the corporate income tax rates imposed by section

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