North Dakota Code § 57-38-31

Duty of individuals and fiduciaries to make return
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1. Every resident individual, every fiduciary for a resident individual, estate, or trust, who 
is required by the provisions of the United States Internal Revenue Code of 1954, as 
amended, to file a federal income tax return, and every individual or fiduciary who 
receives income derived from sources in this state, shall file an income tax return with 
the state tax commissioner in such form as the commissioner may prescribe. Any 
person who is required to file a state income tax return but not required to compute a 
federal taxable income figure for federal income tax purposes is required to compute 
such a federal taxable income figure using a pro forma return pursuant to the 
provisions of the Internal Revenue Code of 1954, as amended, in order to determine a 
starting point for the computation of state income tax. Any person required to file an 
income tax return pursuant to the provisions of the United States Internal Revenue 

Code of 1954, as amended, with respect to income that is exempt from taxation under 
this chapter either because it cannot be constitutionally taxed or because it is exempt 
by any provision of law shall file a return prescribed by the tax commissioner in such 
form as will permit computation of the tax liability under this chapter on only that part of 
the income which is subject to taxation pursuant to the provisions of this chapter; 
provided, that such person elects to use that form of return rather than any other form 
of return that may be prescribed. The return must be signed by the person required to 
make it and must contain a written declaration that it is made and subscribed under 
penalties of perjury.
2. The same filing status and deduction method used by a husband and wife when filing 
federal income tax returns must be used when filing state income tax returns.
3. If the taxpayer is unable to make the taxpayer's own return, the return must be made 
by a duly authorized agent or by a guardian or other person charged with the care of 
the person or property of the taxpayer.
4. Every fiduciary subject to taxation under the provisions of this chapter shall make a 
return for the individual, estate, or trust for which the fiduciary acts; the return must be 
signed by the person required to make it and must contain a written declaration that it 
is made and subscribed under penalties of perjury.
5. The return made by a fiduciary must state such facts as the tax commissioner may 
prescribe.
6. A fiduciary required to make a return under this chapter is subject to all of the 
provisions of the chapter which apply to an individual.
7. If required by the tax commissioner, the return must be accompanied by a true copy of 
the federal income tax return of the taxpayer or by equivalent information in the form 
and manner prescribed by the tax commissioner. A true copy of the federal income tax 
return of the taxpayer or equivalent information must be furnished to the tax 
commissioner by the taxpayer or fiduciary at any time after filing of the return required 
by this chapter if so required by the tax commissioner.
8. The tax commissioner may prescribe alternative methods for signing, subscribing, or 
verifying a return filed by electronic means, including telecommunications, that shall 
have the same validity and consequence as the actual signature and written 
declaration for a paper return.

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