Contents
Key takeaways
Here are some key takeaways about filling out and using the North Dakota 38 form:
- Complete All Sections: Ensure that every section of the form is filled out accurately. Missing information can delay processing.
- Identify the Type of Entity: Clearly indicate the type of estate or trust on the form. This helps in determining the correct tax treatment.
- Attach Required Documents: Include any necessary supporting documents, such as W-2s or tax returns from other states, as specified in the instructions.
- Review Tax Computation Schedule: Before completing the main form, carefully fill out the Tax Computation Schedule to calculate the tax liability correctly.
Document Information
| Fact Name | Details |
|---|---|
| Purpose | The North Dakota 38 form is used for filing fiduciary income tax returns for estates and trusts. |
| Governing Law | This form is governed by the North Dakota Century Code, specifically Chapter 57-38. |
| Filing Period | The form is for the calendar year 2009, covering January 1 to December 31, 2009. |
| Beneficiary Information | It requires detailed information about beneficiaries, including their residency status and entity type. |
| Tax Computation | The form includes a tax computation schedule to calculate the fiduciary's North Dakota taxable income. |
| Filing Deadline | Returns must be filed by April 15, 2010, or the next business day if it falls on a weekend or holiday. |
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Dos and Don'ts
When filling out the North Dakota 38 form, consider the following guidelines:
- Do ensure all information is accurate and complete.
- Do use the correct Federal Employer Identification Number (EIN) for the estate or trust.
- Do follow the instructions carefully for each section of the form.
- Do attach all required supporting documents, such as W-2s and 1099s.
- Do double-check calculations to avoid errors in tax liability.
- Don't leave any sections blank; provide information for all applicable lines.
- Don't forget to sign and date the form before submission.
- Don't submit the form without reviewing for any missing attachments.
- Don't ignore deadlines for filing to avoid penalties and interest.
Detailed Steps for Using North Dakota 38
Completing the North Dakota 38 form requires careful attention to detail. Each section must be filled out accurately to ensure compliance with state tax regulations. This process involves gathering relevant information about the estate or trust and calculating the tax liability based on the fiduciary's taxable income. Following the steps below will guide you through the completion of the form.
- Enter the calendar year for which you are filing in the designated box.
- Provide the name of the estate or trust in section B.
- Fill in the Federal Employer Identification Number (EIN) in section C.
- Indicate the date the estate or trust was created.
- Complete the mailing address section, including apartment or suite number, city, state, and zip code.
- In section E, indicate the total number of beneficiaries, separating resident and nonresident individual beneficiaries.
- Select the residency status in section F by checking the appropriate box: Resident, Nonresident, or Other.
- Choose the entity type in section G by marking the relevant box (e.g., Decedent's estate, Simple trust, etc.).
- In section H, mark all applicable boxes for the return type (Initial, Final, Composite, Amended, Extension).
- Complete the Tax Computation Schedule on page 2 before filling out lines 1 through 17 on page 1.
- Calculate the tax on fiduciary's North Dakota taxable income and enter it on line 1.
- Provide any credits for income tax paid to another state on line 2, if applicable.
- List any other credits on line 3 and attach the supporting schedule.
- Calculate the net income tax liability by subtracting lines 2 and 3 from line 1 and enter it on line 4.
- Complete lines 5 through 10, including any income tax withheld and estimated tax paid.
- Determine if there is an overpayment or tax due and fill in the respective lines (11-16).
- Sign and date the form in the designated area, confirming the accuracy of the information provided.
- Mail the completed form to the Office of State Tax Commissioner at the specified address.