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 600 E. Boulevard Ave.
  Bismarck, ND 58505-0599
  701.328.7088 phone
  701.328.3700 fax
  877.328.7088 toll-free

Subchapter S Corporation

A corporation doing business in North Dakota that files as a subchapter S corporation for federal income tax purposes is regarded as a subchapter S corporation for North Dakota income tax purposes and must file a North Dakota small business corporation income tax return. The federal subchapter S corporation status is not recognized if the corporation meets the definition of a financial institution under North Dakota Century Code ch. 57-35.3, in which case the corporation must file North Dakota financial institution tax return. The North Dakota small business corporation income tax return is due on the 15th day of the fourth month following the close of the tax year.

Partnership

A partnership must file a North Dakota partnership return if it is required to file a federal partnership return and it carries on business, or derives gross income from sources, in North Dakota. The North Dakota partnership return is due on the 15th day of the fourth month following the close of the tax year.

  • Limited Liability Company (LLC)
    If an LLC is treated like a partnership for federal income tax purposes, it is treated like a partnership for North Dakota income tax purposes.
  • Financial Institution
    If a partnership meets the definition of a financial institution under NDCC ch. 57-35.3, it must file a North Dakota financial institution tax return instead of a North Dakota partnership return.

Pass-Through Withholding

  • Income Tax Withholding Requirement - (30kb pdf)
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