Form L 02 Form 40x - Amended Corporation Income Tax Return - North Dakota

Form L02 or the "Form 40x - Amended Corporation Income Tax Return" is a form issued by the North Dakota Office of State Tax Commissioner.

The form was last revised in November 1, 2016 and is available for digital filing. Download an up-to-date Form L02 in PDF-format down below or look it up on the North Dakota Office of State Tax Commissioner Forms website.

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North Dakota Office of State Tax Commissioner
Form 40X Amended Corporation Income Tax Return
L02
, and ending
Calendar Year or Fiscal Year beginning
,
(Rev. 2016)
Name
Federal employer identification number*
Mailing Address
Name the original Form 40 was filed under
City, State, ZIP Code
Telephone number
Reason for changes:
RAR
Other
A
B
C
Income and deductions
As originally reported
Net change
Correct amount
or as adjusted
increase or (decrease)
1 Income
1
(M)
Fill in the circle for the original tax return filing method
a.
b.
b1.
b2.
c.
c1.
d.
2 Total additions
2
(N)
3 Total subtractions
3
(P)
4 North Dakota apportionable income
(s
ubtract line 3 from the
4
sum of lines 1 and 2)
5
5 North Dakota apportionment factor
(R)
6
6 Multiply line 4 by line 5 for income apportioned to North Dakota
7 Income, less related expenses, allocated to North Dakota
7
(S)
8
8 North Dakota income (add lines 6 and 7)
9
(O)
9 Federal tax deduction (tax years prior to January 1, 2004)
10
(A)
10 Exempt income for new and expanding business (attach supporting sch.)
11 Exempt income for renaissance zone activity (attach Schedule RZ)
11
(U)
12 Subtract lines 9, 10 and 11 from line 8
12
13 North Dakota net operating loss deduction
(T)
13
14 Subtract line 13 from line 12
14
15 Recapture of federal alternative minimum tax (tax years prior to
(E)
15
January 1, 2004)
16 Subtotal (subtract line 15 from line 14)
16
(F)
17 Gross proceeds allocated to North Dakota from sale of North
(V)
17
Dakota tax credits (see instructions)
18
18 North Dakota taxable income (see instructions)
Payment or refund
(C) 19
19 Income tax due for amount on line 18, Column C (use tax brackets and rates for year being amended; see below)
20 North Dakota alternative minimum tax (tax years 1989 and 1990 only)
(B) 20
21 Surtax on water's edge method election (3.5% of amount on line 18-water's edge filers only 2004 forward)
(Z) 21
22 North Dakota income tax due
(ad
22
d lines 19, 20 and 21)
(Y) 23
23 Tax credits
(G) 24
24 North Dakota net income tax liability
(s
ubtract line 23 from line 22)
25 North Dakota net income tax liability previously paid after credits
(H) 25
26 If line 24 is greater than line 25, enter difference as balance due (enter $0 if less than $5)
(J) 26
26a. Interest and penalty for balance due line 26
(I) 26a
26b. Add lines 26 and 26a for total payment due
26b
(D) 27
27 If line 25 is greater than line 24, enter difference as overpayment
27a. Interest on overpayment on line 27
(I) 27a
27b
27b. Add lines 27 and 27a for amount to be refunded (no refund under $5)
I declare under the penalties of North Dakota Century Code § 12.1-11-02, which provides for a Class A misdemeanor for making a false statement
*Privacy Act Notice - See instructions
in a governmental matter, that I have filed an original return and that this amended return, including any accompanying schedules and statements,
has been examined by me and to the best of my knowledge and belief is a true, correct, and complete return.
I authorize the
North Dakota
Date:
Signature of Officer:
Title:
Office of State
Tax Commissioner
to discuss this
Date:
Signature of Preparer:
Address:
tax return with
the preparer.
Mail to: Office of State Tax Commissioner, 600 E. Boulevard Ave., Dept. 127, Bismarck, North Dakota 58505-0599
PLEASE DO NOT WRITE IN THIS SPACE
See tax return for year being amended for
correct tax rates; or visit our website at
nd.gov/tax. Click on Corporate Income,
Corporate Income Tax Rates.
North Dakota Office of State Tax Commissioner
Form 40X Amended Corporation Income Tax Return
L02
, and ending
Calendar Year or Fiscal Year beginning
,
(Rev. 2016)
Name
Federal employer identification number*
Mailing Address
Name the original Form 40 was filed under
City, State, ZIP Code
Telephone number
Reason for changes:
RAR
Other
A
B
C
Income and deductions
As originally reported
Net change
Correct amount
or as adjusted
increase or (decrease)
1 Income
1
(M)
Fill in the circle for the original tax return filing method
a.
b.
b1.
b2.
c.
c1.
d.
2 Total additions
2
(N)
3 Total subtractions
3
(P)
4 North Dakota apportionable income
(s
ubtract line 3 from the
4
sum of lines 1 and 2)
5
5 North Dakota apportionment factor
(R)
6
6 Multiply line 4 by line 5 for income apportioned to North Dakota
7 Income, less related expenses, allocated to North Dakota
7
(S)
8
8 North Dakota income (add lines 6 and 7)
9
(O)
9 Federal tax deduction (tax years prior to January 1, 2004)
10
(A)
10 Exempt income for new and expanding business (attach supporting sch.)
11 Exempt income for renaissance zone activity (attach Schedule RZ)
11
(U)
12 Subtract lines 9, 10 and 11 from line 8
12
13 North Dakota net operating loss deduction
(T)
13
14 Subtract line 13 from line 12
14
15 Recapture of federal alternative minimum tax (tax years prior to
(E)
15
January 1, 2004)
16 Subtotal (subtract line 15 from line 14)
16
(F)
17 Gross proceeds allocated to North Dakota from sale of North
(V)
17
Dakota tax credits (see instructions)
18
18 North Dakota taxable income (see instructions)
Payment or refund
(C) 19
19 Income tax due for amount on line 18, Column C (use tax brackets and rates for year being amended; see below)
20 North Dakota alternative minimum tax (tax years 1989 and 1990 only)
(B) 20
21 Surtax on water's edge method election (3.5% of amount on line 18-water's edge filers only 2004 forward)
(Z) 21
22 North Dakota income tax due
(ad
22
d lines 19, 20 and 21)
(Y) 23
23 Tax credits
(G) 24
24 North Dakota net income tax liability
(s
ubtract line 23 from line 22)
25 North Dakota net income tax liability previously paid after credits
(H) 25
26 If line 24 is greater than line 25, enter difference as balance due (enter $0 if less than $5)
(J) 26
26a. Interest and penalty for balance due line 26
(I) 26a
26b. Add lines 26 and 26a for total payment due
26b
(D) 27
27 If line 25 is greater than line 24, enter difference as overpayment
27a. Interest on overpayment on line 27
(I) 27a
27b
27b. Add lines 27 and 27a for amount to be refunded (no refund under $5)
I declare under the penalties of North Dakota Century Code § 12.1-11-02, which provides for a Class A misdemeanor for making a false statement
*Privacy Act Notice - See instructions
in a governmental matter, that I have filed an original return and that this amended return, including any accompanying schedules and statements,
has been examined by me and to the best of my knowledge and belief is a true, correct, and complete return.
I authorize the
North Dakota
Date:
Signature of Officer:
Title:
Office of State
Tax Commissioner
to discuss this
Date:
Signature of Preparer:
Address:
tax return with
the preparer.
Mail to: Office of State Tax Commissioner, 600 E. Boulevard Ave., Dept. 127, Bismarck, North Dakota 58505-0599
PLEASE DO NOT WRITE IN THIS SPACE
See tax return for year being amended for
correct tax rates; or visit our website at
nd.gov/tax. Click on Corporate Income,
Corporate Income Tax Rates.
North Dakota Amended Corporation Income Tax Return Instructions
General instructions
Who must file
Federal attachments required
contact the preparer to answer any questions that may
A North Dakota Amended Corporation Income Tax
A complete copy of the amended federal return or
arise during the processing of its return.
Return, Form 40X, must be filed if:
Federal Form 1139 or Federal Revenue Agent Report,
The corporation is also authorizing the preparer to:
must be attached to the Form 40X.
An amended federal income tax return is filed;
Federal taxable income or federal income tax
Give the North Dakota Office of State Tax
In addition, if the corporation is included in a
liability is changed as a result of a federal audit;
Commissioner any information that is missing from
A corporation's North Dakota income is changed
consolidated federal return, the following must be
the return,
as a result of a North Dakota loss carryback (see
attached:
Call the North Dakota Office of State Tax
instruction for line 13);
A copy of the corporation's amended pro forma
Commissioner about the processing of the return or
The corporation wishes to correct an error
separate company federal return;
the status of any related refund or payment(s), and
discovered on a previously filed return; or
Pages 1‑4 of the amended consolidated federal
Respond to certain North Dakota Office of State
The corporation receives a refund of federal
return; and
Tax Commissioner notices that the corporation
income tax which was deducted on a previously
The schedule of gross income and deductions, by
has shared with the preparer about math errors and
filed return.
company, which supports the amended consolidated
return preparation. The notices will not be sent to
taxable income.
the preparer.
Information relating to an amended return can be
Where to file
found in North Dakota Century Code §§ 57‑38‑38 and
The corporation is not authorizing the preparer to
57‑38‑40.
Completed returns should be mailed to the Office
receive any refund check, bind the corporation to
of State Tax Commissioner, 600 E. Boulevard Ave.,
How to prepare an amended return
anything (including any additional tax liability),
Dept. 127, Bismarck, ND 58505‑0599.
In order to file a complete Form 40X, a corrected
or otherwise represent the corporation before the
Payment of tax
Form 40, page 1 and supporting schedules, for the
North Dakota Office of State Tax Commissioner.
year being amended must be prepared. Complete
If tax due is less than $5.00, payment need not be made.
If the corporation wants to expand the preparer’s
Form 40X using specific instructions below and attach
If tax is due, the total payment due must be paid when
authorization, North Dakota Form 500, Authorization
the corrected Form 40, Page 1, and ONLY the North
the return is filed.
to Disclose Tax Information and Designation of
Dakota Schedules FACT, FACT‑1, SA, CR, FTD,
Representative, will need to be signed and filed with
Payment may be made by check or money order to the
TC, WE, WW, AMT‑C and/or AMT ‑R which have
our office. North Dakota Form 500 can be found on our
North Dakota State Tax Commissioner. Payment for
been corrected. Use forms and schedules from the tax
web site at
estimated income tax may be made electronically using
booklet for the year being amended.
www.nd.gov/tax. Click on Corporate Income and then
an ACH credit, electronic check, debit card, or credit
Preparer authorization
Forms.
card. To make an electronic payment or for information
regarding an ACH credit, go to the department’s web
If the corporation wants to allow the North Dakota
The authorization will automatically end 6 months from
site at www.nd.gov/tax.
Office of State Tax Commissioner to discuss its tax
the date the amended return is filed.
return with the preparer who signed it, mark the circle
Privacy Act Notification. In compliance with the
in the signature area of the return. This authorization
Where to obtain forms
Privacy Act of 1974, disclosure of a social security
applies only to the individual whose signature
Forms, schedules and instructions may be obtained by
number or Federal Employer Identification Number
appears in the “Signature of Preparer” section of the
e‑mailing us at corptax@nd.gov, visiting our website at
(FEIN) on this form is required under N.D.C.C.
corporation’s return. It does not apply to the firm, if
www.nd.gov/tax, or calling 701.328.1249.
§§ 57‑01‑15 and 57‑38‑32, and will be used for tax
any, shown in that section.
reporting, identification, and administration of North
For the speech and hearing impaired, call Relay North
If the circle is marked, the corporation is authorizing
Dakota tax laws. Disclosure is mandatory. Failure to
Dakota at 1.800.366.6888.
the North Dakota Office of State Tax Commissioner to
provide the social security number or FEIN may delay
or prevent the processing of this form.
This return is incomplete without all required state and federal attachments
Specific line instructions
Line 13
Line 17
entire state loss. To elect to forego the carryback
period for a North Dakota loss, a corporation
The North Dakota net operating loss deduction
Enter on this line the gross proceeds from the sale,
allowed on the Form 40X is the amount of the
must make the election on the original return that
assignment or transfer of unused North Dakota
was timely filed for the year in which the loss
accumulated net operating loss less any previously
tax credits from the Credit for Research and
deducted loss carryback or carryforward. Only
was incurred. If an election is not made, the loss
Experimental Expenditures or from the Geothermal,
must be carried back.
a state net operating loss which occurs when a
Solar, Wind or Biomass energy tax credit. Refer
corporation does business in North Dakota is
to the corporation income tax booklet for the year
For taxable years beginning before January 1,
being amended for instructions.
allowed as a state carryback or carryforward.
1993.
Additional information is contained in N.D.C.C.
Line 18
If a corporation incurs a state loss, in the same
§ 57‑38‑01.3(3) and North Dakota Administrative
year it incurs a federal loss, the loss must be
If line 17 is zero enter the amount from line 16.
Code § 81‑03‑05.1‑07.
carried back and carried forward in the same
If line 16 is zero or less and line 17 is greater than
manner as elected for federal purposes.
zero, enter the amount from line 17.
The state loss is carried back or forward as follows:
If line 16 is greater than zero, enter the total of line
For taxable years beginning after December 31,
Consequently, a federal election to forego the
2002.
16 and line 17.
carryback period also applies to the state loss.
Effective for a North Dakota net operating
Line 23
If a corporation incurs a state loss, but no federal
loss incurred in a taxable year beginning after
North Dakota law provides for certain tax credits
net operating loss, the loss may be carried back
December 31, 2002, a corporation may not carry
and carried forward for the same period as a
to a corporation. These credits may have limits and
the loss back to a previous tax year.
carryback/carryforward provisions. Refer to the
federal loss. The corporation may elect to forego
For taxable years beginning on or after
the carryback period and carry forward the entire
corporation income tax booklet for the year being
January 1, 1993, and before January 1, 2003.
amended for instructions pertaining to these credits.
state loss. A corporation must make an election
to carryforward the loss with an original return
Attach an explanation for all changes to credits.
A state net operating loss must be carried back
and carried forward for the same period as a
that is timely filed for the year in which the loss
Lines 26a and 27a
was incurred. If an election is not made, the loss
federal loss. However, a corporation may elect to
The current provisions for interest and penalty are
must be carried back.
forego the carryback period and carryforward the
outlined on the back page of this form.
North Dakota
Form
40X
Amended Corporation Income Tax Return
(Revised November 2016)
(Please detach this sheet and keep for future reference)
(See Reverse side for Interest and Penalty Provisions)
The following "Time for Filing" requirements have been summarized from the North Dakota Century Code. We have attempted to discuss
the most common situations where an amended return would be necessary. However, if a situation arises that is not discussed below, refer to
the North Dakota Century Code for the year being amended or contact the Office of State Tax Commissioner at 701.328.1249.
For Taxable Years Beginning After December 31, 1990.
the change is not reported within two
Form 40X must be filed within three years after
If the federal change results in additional state
the due date of the return or within three years
income tax due and:
(2) years after final determination,
after the return was filed, whichever period
the change is reported within ninety
and provided all other time periods
expires later, if a refund is requested.
(90) days of final determination, the
for refund have expired, the Office of
time period for issuing an assessment
State Tax Commissioner must deny
If North Dakota taxable income or North
is limited to two (2) years from the date
any claim for credit or refund.
Dakota income tax liability changes by an
the change is reported, provided all
amount in excess of twenty‑five percent, any
If all other time periods for assessment or
other time periods for assessment have
refund may be claimed within six years after
refund have expired, an assessment or claim for
expired.
the due date of the return, or six years after the
credit or refund based on a change in federal
the change is not reported within ninety
return was filed, whichever period expires last.
taxable income or federal income tax liability
(90) days of final determination, the
(A similar provision related to assessments was
is limited to adjustments directly attributable to
time period for issuing an assessment is
not changed and may be found in N.D.C.C.
the federal change.
unlimited.
§ 57-38-38).
If a taxpayer fails to file a return within three
If the federal change results in an overpayment
The filing of an amended return before the
years after the due date of the return, no credit
of state income tax and:
expiration of the time limitations provided
or refund of overpaid estimated income tax
the change is reported within ninety
for in N.D.C.C. ch. 57‑38 allows the tax
may be made.
(90) days of final determination, the
commissioner two years after the amended
overpayment plus interest accrued
If a taxpayer consents to an extension of time
state income tax return is filed to audit the state
through the date of payment will be
for the assessment of North Dakota income tax,
income tax return and assess any additional
refunded.
the period of time for filing a claim for refund
state income tax found to be due, even though
is similarly extended.
other time periods prescribed in N.D.C.C.
the change is not reported within ninety
ch. 57‑38 for the assessment of tax may have
(90) days but is reported within two (2)
expired. This time period does not limit or
years of final determination (or within
restrict any other time period prescribed in
any other unexpired time period for
N.D.C.C. ch. 57‑38 for the assessment of tax
refund), the overpayment plus interest
that has not expired at the end of the two‑year
accrued through ninety (90) days after
period.
final determination will be refunded.
For Taxable Years Beginning After December 31, 1984 And Before January 1, 1991
Form 40X must be filed within three years after
If there is a change in North Dakota taxable
Form 40X must be filed within the period
the due date of the return or within three years
income or adjusted federal income tax liability
which ends with the fifteenth day of the fortieth
after the return was filed, whichever period
by an amount which is in excess of twenty‑five
month following the end of the taxable year in
expires later, if a refund is requested.
percent of the amount of taxable income stated in
which the net operating loss occurred.
the return as filed, any additional tax determined
The time period for assessment of a taxpayer
Where a loss is being carried back from a
due may be assessed any time within six years
taxable year beginning after December 31,
whose principal place for managing or directing
after the due date of the return, or six years after
a business is inside North Dakota is three years
1986, Form 40X must be filed within three
the return was filed, whichever period expires
after the due date of the return or three years
years after the original due date for the taxable
later.
after the return was filed, whichever period
year in which the loss occurred, including
expires later.
The filing of an amended return before the
extensions.
expiration of the time limitation provided for
The time period for assessment of a taxpayer
The time period for reporting a change in
in N.D.C.C. ch. 57‑38 shall add an additional
whose principal place for managing or directing
federal taxable income or federal income
time period of two years for assessment of a
a business is outside North Dakota is six years
tax liability to the Office of State Tax
deficiency or the issuance of a credit or refund to
after the due date of the return or six years after
Commissioner is thirty days after final
the time limitation still remaining as of the date
the return was filed, whichever period expires
determination of any change made by the
of filing of the amended return.
later.
Internal Revenue Service. Failure to file within
Where a loss is being carried back from a
this time frame will suspend the running of the
taxable year beginning before January 1, 1987,
statute of limitations for assessment.
North Dakota Amended Corporation Income Tax Return
Calculation of interest and penalty for income tax purposes:
Comparison of rates and calculation methods for pre-'98 years
with those for 1998 and subsequent years
This table shows (in the right hand column) the interest and penalty rates and calculation methods in effect for taxable years beginning after December 31,
1997, as a result of passage of Senate Bill 2102 by the 1999 North Dakota Legislative Assembly. Because the rates and calculation methods in effect for
taxable years begining before January 1, 1998, remain in effect for those taxable years, you'll have to keep track of different rates and calculation methods.
This table will help you do that. Please note that for refunds arising from loss years beginning after December 31, 1997, interest shall start accruing from
the due date of the loss year to the date the refund is issued; however, no interest shall accrue if the refund is issued within forty-five days after the date the
amended return is filed.
• SECTION 1 provides an overview of the rates and the general statutory authority
• SECTION 2 shows the rates and calculation methods applicable to refunds and the specific statutory authority
• SECTION 3 provides an overview of penalty provisions and the general statutory authority
Pre-'98 years
1998 and subsequent years
Taxable years beginning before January 1, 1998
Taxable years beginning after December 31, 1997
Interest rates at-a-glance
SECTION 1:
Refunds
10% per annum (.000277/day)
1% per month (or fraction of a month)
[Generally, N.D.C.C. § 57-38-35.2]
1% per month (or fraction of a month)
Payment of tax after due date, or additional
1% per month (or fraction of a month)
tax due because of audit or other reason
[Generally, N.D.C.C. § 57-38-45(1)]
12% per annum (.000333/day)
12% per annum (.000333/day)
Extension of time to file
[Generally, N.D.C.C. § 57-38-45(1)]
Nonpayment, late payment or underpayment
12% per annum (.000333/day)
12% per annum (.000333/day)
of estimated tax
[Generally, N.D.C.C. §§ 57-38-45(1) and
57-38-62(3)]
Interest on a refund
SECTION 2:
Description of provision
Rate
Calculation
Rate
Calculation
Refund on original return attributable to an
1% per month or
Starts accruing after 45
10% per annum
Starts accruing after 60
overpayment of withholding or estimated tax
days from the later of (1) the
fraction of a
days from the later of (1)
(.000277/day)
[N.D.C.C. § 57-38-35.2(1)(a)]
due date (without extension)
month
the due date (without
extension) of the original
of the original return or (2)
the date the original return is
return or (2) the date the
original return is filed, and
filed, and stops accruing on
the date the refund is issued.
stops accruing on the date
the refund is issued.
1% per month or
Accrues from the due date
Refund attributable to an amended return filed
10% per annum
Starts accruing after 60
(.000277/day)
days from the later of (1) the
fraction of a
(without extension) of the
for reasons other than a net operating loss
month
original return to the date the
[N.D.C.C. § 57-38-35.2(1)(b)]
due date (without extension)
of the original return, (2) the
refund is issued, excluding
the month in which the due
date the original return was
filed, or (3) the date the tax
date falls.
was fully paid, and stops ac-
cruing on the date the refund
is issued.
1% per month or
If the refund is issued within
Refund attributable to an amended return filed
10% per annum
Starts accruing after 60
days from the date the
fraction of a
45 days of the date the
for a net operating loss carryback or a capital
(.000277/day)
month.
amended return is filed, no
loss carryback.
amended return is filed, and
interest accrues.
[N.D.C.C. § 57-38-35.2(1)(c)]
stops accruing on the date
the refund is issued.
If the refund is not issued
within 45 days of the date
the amended return is filed,
interest accrues from the
due date (without extension)
of the original return for the
year in which the loss was
incurred to the date the
refund is issued.
Penalty
SECTION 3:
Description of provision
Rate
Calculation
Rate
Calculation
Penalty on late payments of tax due amounts
5% of the tax or
If the federal carryback of a
5% of the tax or
If the federal carryback of a
[N.D.C.C. §§ 57-38-38 and 57-38-45]
$5.00, which-
net operating loss or invest-
$5.00, which-
net operating loss or invest-
ever is greater
ment tax credit results in
ever is greater
ment tax credit results in
additional income tax due for
additional income tax due for
state purposes, the penalty
state purposes, the penalty
may be waived.
may be waived.

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