For purposes of allocation and apportionment of income under this chapter, a taxpayer is taxable in another state if:

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Terms Used In North Dakota Code 57-38.1-03

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    In that state the taxpayer is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or

2.    That state has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the state does or does not.