Reporting Instructions Form For Oil And Gas Taxes - North Dakota Office Of State Tax Commissioner Page 7
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42PROCEDURE FOR CLAIMING A TAX CREDIT
The Commissioner will provide notification of approved tax credits. The Commissioner will maintain a balance of processed tax credits
that can be applied to future tax due amounts. Amended reports claiming tax credits need to be filed in a timely manner to insure that the
tax credit is processed and available before being claimed on a tax due report. The Commissioner does not have the authority to pay
interest on a tax credit.
Check the “credit” block on the coversheet and submit the amended report to the Commissioner within the time period prescribed by
statute to claim a credit (see Statute of Limitations).
PROCEDURE FOR CLAIMING A TAX REFUND
N.D.C.C. § 57-51-19.1 states that the Commissioner may not issue a refund to a taxpayer unless the amount to be refunded, including
interest, is at least $5.00. This applies only to the total gross production tax or total oil extraction tax due on a coversheet and not to
each individual lease entry. When either a gross production or oil extraction tax refund total is over $5.00, both tax type refunds will be
issued even if one tax type refund total is below $5.00. If both tax type refunds are below $5.00, no refund will be issued.
Refund interest accrues from sixty days after the due date of the report, the date the report was filed, or the date the tax was fully paid,
whichever comes later, through the date the refund is mailed to the taxpayer.
Check the “refund” block on the coversheet and submit the amended report to the Commissioner within the time period prescribed by
statute to claim a refund (see Statute of Limitations).
NOTICES OF ASSESSMENT AND CREDIT OR REFUND DENIALS
The procedures and time requirements to be followed by the Commissioner for issuing a notice of assessment, or notice of credit or
refund denial, and the appeal process to be used by a taxpayer are provided for by N.D.A.C. §§ 81-09-02-02 and 81-09-02-03. Additional
information is also available in the North Dakota Taxpayer Bill of Rights.
STATUTE OF LIMITATIONS
N.D.C.C. §§ 57-51-09 and 57-51-19 state that the time to assess additional tax or file a claim for credit or refund is three years after the
due date of the original return or three years after the original return is filed, whichever period expires later. Amended returns extend
the assessment or refund period for two years after the amended return is filed; however, this does not limit or restrict other time
periods prescribed by statute. If there is a change in tax liability on any report by an amount in excess of 25% of the amount of tax
liability on a report, a claim may be filed, or a notice issued, within six years after the due date of the report or six years after the report
was filed, whichever period expires later.
18-MONTH CERTIFICATION REQUIREM ENT
To receive an oil extraction tax exemption or tax rate reduction from the first day of eligibility, N.D.C.C. § 57-51.1-03.1 requires that
a certification of qualifying well status, prepared by the N.D.I.C., be submitted to the Commissioner within 18 months of qualifying.
If the N.D.I.C. certification is not submitted to the Commissioner within the 18-month period specified, the tax exemption or rate reduction
does not apply for the production periods for which the certification is not on file. When the certification is submitted to
the
Commissioner after the 18-month period, the tax exemption or rate reduction applies to prospective periods only and is effective the first
day of the month in which the certification is received by the Commissioner.
Page 5
ADVERTISEMENT
0 votes
Related Articles
Related forms
Form 28214 - Ag Commodity Processing Facility Investment Reporting - North Dakota Office Of State Tax Commissioner
Financial
Form 21986 - Sales & Use Tax Pre-audit Questionnaire - North Dakota Office Of State Tax Commissioner
Financial
Instructions For Telecommunications Gross Receipts Tax - North Dakota Office Of State Tax Commissioner - 2004
Financial
Form 28276 - Qualifi Ed Seed Capital Business Investment Reporting - North Dakota Office Of State Tax Commissioner
Financial
Form 401-es - Estimated Income Tax Estates And Trusts - North Dakota Office Of State Tax Commissioner - 2002
Financial
Form Afi - Angel Fund Investment Report -north Dakota Office Of State Tax Commissioner - 2011
Financial
Form 500 - Authorization To Disclose Tax Information And Designation Of Representative - North Dakota Office Of State Tax Commissioner
Financial
Form F22b - 2005 Voluntary Sales And Use Tax Return - North Dakota Office Of State Tax Commissioner
Financial
Related Categories
Parent category: Financial