North Dakota Code 57-38.1-06 – Property – Capital gains and losses
Current as of: 2023 | Check for updates
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1. Capital gains and losses from sales of real property located in this state are allocable to this state.
Terms Used In North Dakota Code 57-38.1-06
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
2. Capital gains and losses from sales of tangible personal property are allocable to this state if:
a. The property had a situs in this state at the time of the sale; or
b. The taxpayer’s commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs.
3. Capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer’s commercial domicile is in this state.