If the allocation and apportionment provisions of this chapter do not fairly represent the extent of the taxpayer’s business activity in this state, the taxpayer may petition for or the tax commissioner may require, in respect to all or any part of the taxpayer’s business activity, if reasonable:

Terms Used In North Dakota Code 57-38.1-18

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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

1.    Separate accounting; 2.    The exclusion of any one or more of the factors; 3.    The inclusion of one or more additional factors which will fairly represent the taxpayer’s business activity in this state; or

4.    The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer’s income.

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