North Dakota § 57-38-60.3 Liability of a general partner in a limited liability limited partnership

North Dakota Statutes

§ 57-38-60.3 — Liability of a general partner in a limited liability limited partnership

North Dakota § 57-38-60.3

Title 57Taxation

Ch. 57-38Income Tax

This text of North Dakota § 57-38-60.3 (Liability of a general partner in a limited liability limited partnership) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 57-38-60.3 (2026).

Text

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 personally liable for the partnership's failure. The dissolution of a limited liability limited partnership does not discharge a general partner's liability for a prior failure of the partnership to file a return or remit the tax due. The taxes, penalty, and interest may be assessed and collected pursuant to the provisions of this chapter.

2.If the general partners elect not to be personally liable for the failure to file the required returns or to pay the tax due, the limited liability limited partnership must make a

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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 personally liable for the partnership's failure. The dissolution of a limited liability
limited partnership does not discharge a general partner's liability for a prior failure of
the partnership to file a return or remit the tax due. The taxes, penalty, and interest
may be assessed and collected pursuant to the provisions of this chapter.
2. If the general partners elect not to be personally liable for the failure to file the required
returns or to pay the tax due, the limited liability limited partnership must make a cash
deposit or post and maintain with the commissioner a bond or undertaking executed
by a surety company authorized to do business in this state. The cash deposit, bond,
or undertaking must be in an amount equal to the estimated annual income tax
withholding liability of the limited liability limited partnership.