1. If members of a unitary group filed more than one federal income tax return, subsections 1 through 10 in section 81-03-05.4-03 must be repeated for each federal income tax return and the result totaled before application of the income tax ratio or apportionment factor in 81-03-05.4-04.

2. A taxpayer may exclude subsections 1 through 4 in section 81-03-05.4-03 when: a. A North Dakota return is filed using the combined report method and all corporations included in the federal consolidated return are included in the combined report. b. A corporation does not file a federal consolidated return.

3. If federal alternative minimum tax is accrued and state alternative minimum tax is not, the federal minimum tax must be excluded from subsections 1 through 5 of section 81-03-05.4-03.

History: Effective May 1, 1991; amended effective November 1, 1991.

General Authority: NDCC 57-38-57

Law Implemented: NDCC 57-38-01.3