108 chapters · 1,217 sections in this title.
N.D.C.C. § 57-38-47 Mandamus to compel filing return
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If any taxpayer fails to file a return within sixty days after the time prescribed in this chapter and refuses to file such return within thirty days after having been notified by the tax commissioner to do so, any judge of the district court, upon petition of the tax commissione…
N.D.C.C. § 57-38-48 Lien of tax
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Whenever any taxpayer liable to pay a tax or penalty imposed refuses or neglects to pay the same, the amount, including any interest, penalty, or addition to such tax, together with the costs that may accrue in addition thereto, is a lien in favor of the state of North Dakota upo…
N.D.C.C. § 57-38-49 Preservation of lien
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Any mortgagee, purchaser, judgment creditor, or lien claimant acquiring any interest in, or lien on, any property situated in the state, prior to the commissioner filing in the central indexing system maintained by the secretary of state a notice of the lien provided for in secti…
N.D.C.C. § 57-38-50 Satisfaction of lien
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Upon payment of the tax, together with any accrued penalties and interest, as to which the commissioner has filed a notice of lien, the commissioner shall index a satisfaction of the lien in the central indexing system without fees or costs.
N.D.C.C. § 57-38-51 Enforcement of lien
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The attorney general, upon the request of the tax commissioner, shall bring suit without bond, to enforce payment of any taxes and penalties, and to foreclose any lien provided for in this chapter, and, in such action, the attorney general shall have the assistance of the state's…
N.D.C.C. § 57-38-52 Field auditors
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Repealed by S.L. 1983, ch. 630, § 2.
N.D.C.C. § 57-38-53 Oath and acknowledgment
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The tax commissioner, and such other officers as the tax commissioner may designate, has the power to administer an oath to any person, or to take the acknowledgment of any person, in respect to any return or report required by this chapter, or by the rules and regulations of the…
N.D.C.C. § 57-38-54 Publication of statistics
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The tax commissioner shall prepare and publish biennially statistics reasonably available with respect to the operation of this chapter, including amounts collected, classification of taxpayers, and such other facts as are deemed pertinent and valuable. The commissioner shall pub…
N.D.C.C. § 57-38-55 Disposition of revenues
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As soon as practicable, after receipt thereof, the tax commissioner shall turn over to the state treasurer all income taxes collected by the tax commissioner. The state treasurer shall issue a receipt for such collections, which must be made a permanent record in the office of th…
N.D.C.C. § 57-38-56 Powers of tax commissioner
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The tax commissioner is charged with the administration of this chapter and shall enforce the assessment, levy, and collection of taxes imposed under this chapter. The tax commissioner has power to examine, or cause to be examined by any agent or representative designated by the …
N.D.C.C. § 57-38-57 Secrecy as to returns - Penalty
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The secrecy of returns must be guarded except as follows: 1. a. Except as is otherwise specifically provided by law, the tax commissioner, the tax commissioner's deputies, agents, clerks, and other officers and employees, may not divulge nor make known, in any manner, whether or …
N.D.C.C. § 57-38-58 Definitions
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Repealed by S.L. 1987, ch. 695, § 8.
N.D.C.C. § 57-38-59 Withholding from wages of employees - Penalty
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1. Except as provided in section 57-38-59.3, every employer making payment of wages to employees shall deduct and withhold from their wages such percentage or percentages, as determined by the tax commissioner, multiplied times the total amount required to be deducted by an emplo…
N.D.C.C. § 57-38-59.1 Reciprocal arrangement with other states for withholding income taxes
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The tax commissioner may enter into an agreement with the tax commissioner or other taxing officials of another state for the interpretation and administration of the acts of their several states providing for the collection of income tax at source on wages for the purpose of pro…
N.D.C.C. § 57-38-59.2 Withholding of lottery winnings
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The North Dakota lottery shall deduct and withhold at the highest marginal rate provided in section 57-38-30.3 of the total proceeds of state lottery winnings as North Dakota withholding tax if the winnings are subject to withholding. For purposes of this section, "winnings subje…
N.D.C.C. § 57-38-60 Employer's returns and remittances
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1. Every employer shall, on or before the last day of April, July, October, and January, pay over to the tax commissioner the amount required to be deducted and withheld from wages paid to all employees during the preceding calendar quarter under section 57-38-59. If the amount r…
N.D.C.C. § 57-38-60.1 Corporate officer liability
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1. If a corporation is an employer and fails for any reason to file the required returns or to pay the tax due, the president, vice president, secretary, or treasurer, jointly or severally, charged with the responsibility of supervising the preparation of such returns and payment…
N.D.C.C. § 57-38-60.2 Governor and manager liability
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1. If a limited liability company is an employer and fails for any reason to file the required returns or to pay the tax due, the governors, managers, or members of a member-controlled limited liability company, jointly or severally, charged with the responsibility of the prepara…
N.D.C.C. § 57-38-60.3 Liability of a general partner in a limited liability limited partnership
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1. If a limited liability limited partnership is an employer and fails for any reason to file the required returns or to pay the tax due, the general partners, jointly or severally, charged with the responsibility for the preparation of the returns and payment of the tax are pers…
N.D.C.C. § 57-38-61 Provisions of chapter applicable
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The provisions of sections 57-38-33, 57-38-34, 57-38-38, 57-38-39, 57-38-40, 57-38-44, 57-38-45, 57-38-46, 57-38-47, 57-38-53, 57-38-54, 57-38-55, 57-38-56, and 57-38-57 shall, insofar as consistent therewith, govern the administration of sections 57-38-59, 57-38-60, and 57-38-60…
N.D.C.C. § 57-38-62 Payment of estimated income tax
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1. An individual, estate, or trust that is subject to section 6654 of the Internal Revenue Code relating to a failure to pay federal estimated income tax shall, at the time prescribed in this chapter, pay estimated tax for the current taxable year. Notwithstanding any other provi…
N.D.C.C. § 57-38-63 Due date for payment of estimated income tax
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A taxpayer shall pay no less than one-quarter of the estimated tax to the tax commissioner on April fifteenth, June fifteenth, and September fifteenth of the taxable year, and January fifteenth of the following taxable year; provided, that a taxpayer having a taxable year other t…
N.D.C.C. § 57-38-64 Application for quick refund of overpaid estimated tax by a corporation
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A corporation may, after the close of the taxable year and before the fifteenth day of the fourth month thereafter, file an application for an adjustment of an overpayment by it of estimated tax for the taxable year. A claim for credit or refund must be verified and paid as are o…
N.D.C.C. § 57-38-65 Exemption
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No transportation company is required to deduct and withhold with respect to wages paid to nonresident employees for work performed within North Dakota but whose total work during any one payroll period is performed within more than one state; provided, however, that any such emp…
N.D.C.C. § 57-38-66 Business and corporation privilege tax
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Repealed by S.L. 1979, ch. 612, § 3.
N.D.C.C. § 57-38-67 Definitions applicable to sections 57-38-67 through 57-38-70
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Repealed by S.L. 2009, ch. 545, § 32.
N.D.C.C. § 57-38-68 Income tax deduction for land sale to beginning farmers
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Repealed by S.L. 2009, ch. 545, § 32.
N.D.C.C. § 57-38-69 Rent from beginning farmers exempt from income tax
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Repealed by S.L. 2009, ch. 545, § 32.
N.D.C.C. § 57-38-70 Claim for income tax deduction for land sale or rental to a beginning farmer
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Repealed by S.L. 2009, ch. 545, § 32.
N.D.C.C. § 57-38-71 Definitions applicable to sections 57-38-71 through 57-38-74
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Repealed by S.L. 2007, ch. 18, § 51. 57-38-72. Income tax deduction for revenue-producing enterprise sale to beginning entrepreneur. Repealed by S.L. 2007, ch. 18, § 51.
N.D.C.C. § 57-38-73 Rent from beginning entrepreneur exempt from income tax
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Repealed by S.L. 2007, ch. 18, § 51. 57-38-74. Claim for income tax deduction for revenue-producing enterprise sale or rental to a beginning entrepreneur. Repealed by S.L. 2007, ch. 18, § 51.
N.D.C.C. § 57-38-75 Rounding
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With respect to any amount required to be shown on any return, form, statement, or other document required to be filed with the tax commissioner and for purposes of amounts in tax tables prescribed under subsection 12 of section 57-38-30.3 and subsection 3 of section 57-38-59, th…