As used in this chapter, unless the context otherwise requires:

Terms Used In North Dakota Code 57-38.1-01

  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • 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
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    “Business income” means income arising from transactions and activity in the regular course of the taxpayer’s trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer’s regular trade or business operations.

2.    “Commercial domicile” means the principal place from which the trade or business of the taxpayer is directed or managed.

3.    “Compensation” means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services.

4.    “Nonbusiness income” means all income other than business income.

5.    “Public utility” means any business entity which owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, oil, oil products, or gas.

6.    “Sales” means all gross receipts of the taxpayer not allocated under section 57-38.1-04 through 57-38.1-08.

7.    “State” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof.