1.    Capital gains and losses from sales of real property located in this state are allocable to this state.

Terms Used In North Dakota Code 57-38.1-06

  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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

2.    Capital gains and losses from sales of tangible personal property are allocable to this state if:

a.    The property had a situs in this state at the time of the sale; or

b.    The taxpayer’s commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs.

3.    Capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer’s commercial domicile is in this state.