Subchapter S Corporation

A corporation that elects to be taxed as a subchapter S corporation for federal income tax purposes is taxed in the same manner for North Dakota income tax purposes. A subchapter S corporation that carries on business, or derives gross income from sources, in North Dakota must file a North Dakota S Corporation Return, Form 60. Form 60 is due on the 15th day of the fourth month following the close of the tax year.

• Limited liability company (LLC) – An LLC that is taxed like a subchapter S corporation for federal income tax purposes is treated in the same manner for North Dakota income tax purposes.
• Exception for financial institution – If an S corporation is a bank, trust company, bank holding company, or other financial institution defined under N.D.C.C. § 57-35.3-01(2), it does not file Form 60. Instead, it is subject to the North Dakota financial institution tax and must file a North Dakota Financial Institution Tax Return, Form 35. Go to Financial Institutions Tax

Partnership

A partnership that carries on business, or derives gross income from sources, in North Dakota must file a North Dakota Partnership Return, Form 58. Form 58 is due on the 15th day of the fourth month following the close of the tax year.

• Limited liability company (LLC) – An LLC that is taxed like a partnership for federal income tax purposes is treated in the same manner for North Dakota income tax purposes.
• Exception for financial institution – If a partnership is a bank, trust company, bank holding company, or other financial institution defined under N.D.C.C. § 57-35.3-01(2), it does not file Form 58. Instead, it is subject to the North Dakota financial institution tax and must file a North Dakota Financial Institution Tax Return, Form 35. Go to Financial Institutions Tax