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North Dakota Corporation & LLC Filing Requirements

 

The following is provided for informational purposes only and should not replace the advice of professional counsel. Although we make every effort to keep the information presented here up to date, states continuously change their policies, forms, fees, and information. Because of this, we make no guarantees as to the accuracy of the information presented in this current revision. Please report any problems you may encounter with moved or broken links on this page by clicking here. (Make sure to include the state and the defective link names in your e-mail.) Last update: June 30, 2010

 

General Info

Agencies

If you have further questions regarding business filings or fees, need additional filing forms, or want to contact your state's business division, here is the agency's contact information.

 

Secretary of State
State of North Dakota
600 E. Boulevard Avenue, Dept. 108, 1st Floor
Bismarck, ND
58505-0500
(
701) 328-2900
1-800-352-0867
FAX: (701) 328-2992

E-mail: sos@nd.gov

http://www.nd.gov/sos/businessserv/

 

If you have further questions regarding business taxes, need additional tax forms, or want to communicate with your state's tax division, here is the agency's contact information.

 

Office of State Tax Commissioner
600 E. Boulevard Avenue, Dept. 127
Bismarck, ND 58505-0599
(701) 328-7088

1-877-328-7088
FAX: (701) 328-3700
E-mail: taxinfo@nd.gov

http://www.nd.gov/tax//

North Dakota State Statutes

To research the State Statutes for North Dakota Corporations, click here.

To research the State Statutes for North Dakota LLCs, click here.

To research the State Statutes for North Dakota Partnerships, click here.

 

Licensing

 

Business Licenses

Contact your state or local agencies regarding licensing issues.

 

Corporations 

 

Annual Filing Requirements

 

Annual Report

Fee:

The annual report filing fee is $25.

 

Forms:

Annual Report - 2009 Annual Report (Online Creation)

 

Due Date:

 

Domestic corporations authorized to transact business in North Dakota must file an annual report with the Secretary of State on or before August 1st. Foreign corporations are required to file annually by May 15th. Penalty fees are assessed to late filings.

 

Corporation Tax Returns

Tax:

If North Dakota taxable

income is:                                          

Over           But not over               The tax is:

$ 0              $ 3,000 .......... 2.60% of North Dakota taxable income

3,000             8,000 .....$78.00 + 4.10% of the amount over $3,000

8,000           20,000 ....$283.00 + 5.60% of the amount over $8,000

20,000         30,000 ...$955.00 + 6.40% of the amount over $20,000

30,000 ..................$1,595.00 + 6.50% of the amount over $30,000

 

The federal subchapter S corporation status is not recognized if the corporation meets the definition of a financial institution under North Dakota Century Code ch. 57-35.3, in which case the corporation must file North Dakota financial institution tax return.

 

Forms:

Form 40 - 2009 Corporation Income Tax Return (instructions)

Form 60 - 2009 S Corporation Return (instructions)

Corporate Forms - Corporate Tax Forms from 1996-2009

S Corporation Forms - S Corporation Tax Forms 1996-2009

Request Forms Online here.

 

Due Date:

 

The tax return is due on the 15th day of the fourth month following the close of the tax year, or by April 15th for calendar year filing.

 

Limited Liability Company

 

Annual Filing Requirements

  

Annual Report

Fee:

The annual report filing fee is $50. If postmarked after November 15th, the fee is $100.

 

Forms:

Annual Report - 2009 Annual Report (Online Creation)

 

Due Date:

Companies authorized to transact business in North Dakota must file an annual report with the Secretary of State by November 15th.

 

LLC Tax Returns

Tax:

If North Dakota taxable

income is:                                          

Over           But not over               The tax is:

$ 0              $ 3,000 ........... 2.60% of North Dakota taxable income

3,000             8,000 ......$78.00 + 4.10% of the amount over $3,000

8,000           20,000 .....$283.00 + 5.60% of the amount over $8,000

20,000         30,000 ...$955.00 + 6.40% of the amount over $20,000

30,000 ...................$1,595.00 + 6.50% of the amount over $30,000

 

Forms:

Form 58 - LLC 2009 Return of Income (LLC filing as Partnership) (instructions)

Schedule K-1 - 2009 Schedule K-1 for Form 58

Partnership Forms - Partnership Tax Forms 1996-2009

Request Forms Online here.

 

Due Date:

The tax return is due on the 15th day of the fourth month following the close of the tax year, or by April 15th for calendar year filing.