North Dakota Code § 57-38-35.2

Interest payments
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1. Interest at the rate of one percent per month or fraction of a month must be allowed 
and paid upon overpayments of tax as follows:
a. Interest on refunds arising from excess income tax withholding or overpayment of 
estimated tax accrues for payment forty -five days after the due date of the return 
or after the date the return was filed, whichever comes later.
b. Interest on refunds arising from amended returns or claims made for credit or 
refund accrues for payment from the due date of the return to the date of 

payment of the refund excepting the month in which the return was required to be 
filed.
c. Interest on refunds arising from net operating loss carrybacks, capital loss 
carrybacks, or tax credit carrybacks accrues for payment from the due date of the 
return for the year, determined without regard to extensions of the time for filing, 
giving rise to the loss carryback, to the date of payment of the refund, except that 
no interest accrues if the refund payment is made within forty -five days of the 
date the amended return or claim is filed to claim the refund attributable to the 
carryback.
2. No interest may be paid on refunds arising from amended returns or other claims filed 
for taxable years beginning before January 1, 1979.

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