North Dakota § 57-38.1-05 Rents and royalties

North Dakota Statutes

§ 57-38.1-05 — Rents and royalties

North Dakota § 57-38.1-05

Title 57Taxation

Ch. 57-38.1Uniform Division of Income Tax Act

This text of North Dakota § 57-38.1-05 (Rents and royalties) 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 § 57-38.1-05 (2026).

Text

1.Net rents and royalties from real property located in this state are allocable to this state.

2.Net rents and royalties from tangible personal property are allocable to this state:

a.If and to the extent that the property is utilized in this state; or

b.In their entirety if the taxpayer's commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized.

3.The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical loc

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1. Net rents and royalties from real property located in this state are allocable to this
state.
2. Net rents and royalties from tangible personal property are allocable to this state:
a. If and to the extent that the property is utilized in this state; or
b. In their entirety if the taxpayer's commercial domicile is in this state and the
taxpayer is not organized under the laws of or taxable in the state in which the
property is utilized.
3. The extent of utilization of tangible personal property in a state is determined by
multiplying the rents and royalties by a fraction, the numerator of which is the number
of days of physical location of the property in the state during the rental or royalty

period in the taxable year and the denominator of which is the number of days of
physical location of the property everywhere during all rental or royalty periods in the
taxable year. If the physical location of the property during the rental or royalty period
is unknown or unascertainable by the taxpayer, tangible personal property is utilized in
the state in which the property was located at the time the rental or royalty payer
obtained possession.