The North Dakota 58 form is a document utilized by the North Dakota Office of State Tax Commissioner, specifically designed for partnerships. It requires detailed partner information, including names, addresses, social security or FEIN numbers, type of entity, and ownership percentages. Furthermore, it has special sections dedicated to nonresident individual partners, ensuring accurate state tax obligations are met.
The North Dakota Office of State Tax Commissioner requires partnerships operating within the state to navigate various forms and schedules, one of which is the 2010 Form 58, particularly notable for its emphasis on partner information through Schedule KP. Aimed at ensuring partnerships are transparent with their revenue and tax allocations, Schedule KP mandates the comprehensive listing of all partners' names, addresses, Social Security or Federal Employer Identification Numbers (FEINs), types of entities, and the percentage of ownership each holds. Moreover, this form takes additional steps to address the complexities associated with nonresident partners by requiring specific details about their distributive share of federal and state income or loss, alongside provisions for withholding North Dakota income tax at a standard rate of 4.86%. The intricate balance Form 58 seeks to maintain highlights the state's commitment to tax fairness, while also providing clear directives on how both resident and nonresident partners should navigate their tax obligations. This careful articulation ensures that all partnerships have the guidance they need to comply with state tax requirements, thereby fostering a transparent and accountable business environment in North Dakota.
North Dakota Office of State Tax Commissioner
2010 Form 58, page 5
Enter name of partnership
FEIN
Schedule KP
Partner information
All partnerships must
Complete Columns 1 through 5 for EVERY partner
complete this schedule
Complete Column 6 if partner is a nonresident individual
If applicable, complete Column 7 or Column 8 for a nonresident individual partner only
All Partners
Column 1
Column 2
Column 3
Column 4
Name and address of partner
If additional lines are needed,
Social Security
Type of entity
Ownership
Partner
attach additional pages
Number/FEIN
(See pg. 7 of instr.)
%
Name
A
Address
State
Zip Code
B
C
D
E
F
G
Nonresident Individual Partners Only
Complete this column for
Important: Columns 6 through 8 are for nonresident individual partners only.
ALL partners
Column 5
Column 6
Column 7
Column 8
Federal distributive
North Dakota
Form
share of income (loss)
distributive share of
income tax
PWA
composite income tax
income (loss)
withheld
(4.86%)
1 Total for COLUMN 5 . . . . . . 1
2 Total for COLUMN 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3 Total for COLUMN 7. Enter this amount on Form 58, page 1, line 1 . . . . . . . . . . . . . . . . 3
4 Total for COLUMN 8. Enter this amount on Form 58, page 1, line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
www.nd.gov/tax
Filing the North Dakota 58 form is a straightforward process that helps partnerships report crucial information to the state. This document, which plays a key role in maintaining transparency with the tax authorities, requires details about partners and their shares among other things. Following the steps methodically ensures that the partnership complies with North Dakota's tax regulations efficiently and accurately.
Once all steps are completed, the form should be reviewed for accuracy before submission. It's important to keep a copy of the filed document for the partnership's records. Timely and precise completion of this form ensures compliance with North Dakota's tax obligations and contributes to the smooth operation of the partnership's financial responsibilities.
What is the purpose of North Dakota Form 58?
North Dakota Form 58 is used by partnerships to report and detail the income, deductions, gains, losses, etc., of their partners. It specifically includes sections for nonresident individual partners and provides information on their shares of federal and North Dakota distributive income, as well as any tax withheld. This form ensures that all taxable income distributed by a partnership to its partners is accurately reported to the North Dakota Office of State Tax Commissioner.
Who needs to complete North Dakota Form 58?
Every partnership that has income, deductions, gains, or losses from sources within North Dakota is required to complete Form 58. This includes detailing information for every partner (both resident and nonresident individuals) in the partnership. It ensures that the state can properly assess and tax income that originates within North Dakota, regardless of the residency of the partner.
What information is needed to fill out the Partner Information Schedule (KP) in Form 58?
To complete the Schedule KP, a partnership must provide:
This detailed information helps in the accurate calculation and reporting of income and tax responsibilities for each partner.
How do partnerships report nonresident individual partners' earnings and withholdings?
For nonresident individual partners, the partnership must complete Columns 6 through 8 on Schedule KP. This involves reporting the North Dakota distributive share of income (loss) in Column 6, the North Dakota income tax withheld for the partner at 4.86% in Column 7, and if applicable, composite income tax withheld information in Column 8. This data ensures that nonresident individuals pay the appropriate amount of tax on income earned in North Dakota.
Can additional pages be attached to Form 58 if there are more partners than spaces available on the form?
Yes, partnerships that have more partners than the form can accommodate should attach additional pages containing the required information for each additional partner. It's important that these additional pages follow the format of the original form to ensure all necessary data is captured and properly processed.
Where can I find more instructions for completing Form 58?
Additional instructions for completing Form 58 can be found on the North Dakota Office of State Tax Commissioner's website at www.nd.gov/tax. These instructions provide detailed guidance on how to accurately fill out each section of the form and proper submission procedures.
What are the submission requirements for North Dakota Form 58?
Upon completion, Form 58 must be submitted to the North Dakota Office of State Tax Commissioner. Partnerships must ensure that the form, along with any additional pages and required attachments, is filed by the state's filing deadline to avoid penalties. The form can be submitted either electronically or in paper form, depending on the partnership's preference and the filing requirements stipulated by the state tax office.
When filling out the North Dakota Form 58, it's crucial to pay attention to detail to ensure accurate submission. Yet, mistakes can occur that can lead to processing delays or incorrect tax assessments. Here are six common mishaps to avoid:
In conclusion, carefully reviewing the North Dakota Form 58 before submission can prevent the mistakes listed above. Attention to detail, thoroughness in completing every required section according to instructions, and careful calculations will ensure compliance with state tax requirements and minimize the risk of errors. Remember, when in doubt, consulting a tax professional can provide clarity and confidence in your tax filing process.
The North Dakota Form 58 is crucial for partnerships operating within the state, specifically designed to ensure proper reporting of income, losses, and tax withholdings for partners. This document, typically used in the realm of state tax compliance, often requires additional forms and documents to accurately capture the financial activities and obligations of a partnership and its members. Understanding these supplementary forms is imperative for thorough and compliant tax filing.
Each document plays a pivotal role in ensuring the accuracy and completeness of a partnership's tax filing in North Dakota. Whether it's detailing income distribution among partners, requesting filing extensions, or maintaining the partnership's legal standing, understanding and utilizing these forms effectively is vital for compliance and financial health. It's advisable for partnerships to consult with a tax professional or legal advisor to ensure all paperwork is correctly prepared and submitted, safeguarding against potential oversights or penalties.
The North Dakota 58 form is similar to forms used in other states that are used by partnerships to report the income, deductions, gains, losses, etc., of their partners. Specifically, it bears similarities to the IRS Schedule K-1 (Form 1065), which is used on a federal level. Both forms require partnerships to provide detailed partner-level income information, including the distribution of income and losses to partners. They also require the reporting of each partner's share of the partnership's income or loss, ensuring that this income is properly reported to the tax authorities. Additionally, like the North Dakota 58 form, the IRS Schedule K-1 demands information about each partner's share of federal taxable income, which helps in the reconciliation of income for tax purposes.
Another document closely resembling the North Dakota 58 form is the California Form 565 Schedule K-1, which serves a similar purpose for partnerships operating within the state of California. Both the North Dakota 58 form and California's Schedule K-1 collect detailed information about each partner, including their share of income (or loss), the partner's residence status, and specific allocations of various types of income. This ensures that the state can accurately calculate and apply taxes based on the income attributable to nonresident and resident partners alike. Furthermore, they both have sections devoted to nonresident individuals, requiring that the partnership reports and, in some cases, withholds tax for those partners living outside the respective state. This highlights the importance of understanding partner residency in tax compliance.
Additionally, the form shares characteristics with the Form IT-204-IP (NYS), used by partnerships in New York State. Both the North Dakota 58 form and the New York form require partnerships to report certain income and tax information specific to nonresident partners, including income earned within the state and the corresponding state tax withheld. They aim to ensure that nonresident partners are paying the appropriate amount of tax on income derived from within the state. These forms play a crucial role in the state's ability to track and tax income transferred across state lines to nonresident individuals.
When filling out the North Dakota Form 58, it is vital to ensure accuracy and completeness to comply with the state's tax obligations. Here are essential do's and don'ts to guide you through the process:
Do's:
Don'ts:
When dealing with the North Dakota Form 58, it's easy to stumble over misconceptions. Here we'll unpack some common misunderstandings to ensure you're navigating your tax obligations as smoothly as possible.
Only for large partnerships: There's a common belief that Form 58 is solely for large entities. However, this form is required for all partnerships operating in North Dakota, regardless of size. The key is whether the entity has a partnership structure, not the number of partners or the scale of operations.
Nonresident columns are optional: Some users mistakenly think Columns 6 through 8 are optional for nonresident partners. In reality, if a partner is a nonresident individual, completion of these columns is necessary. They specifically capture distribution and tax withheld for nonresident individuals, reflecting North Dakota's tax jurisdiction over income generated within the state.
Only for profit distributions: Another misunderstanding is that the form is used only to report profits distributed to partners. In fact, Federal distributive share of income or loss (Column 5) includes both profits and losses, providing a comprehensive view of the partner's share of the partnership's financial outcome.
Personal information isn't needed: Despite what some might believe, detailed information about each partner is crucial, including name, address, Social Security Number (SSN), or Federal Employer Identification Number (FEIN), and the type of entity. This information is pivotal for the identification and taxation process.
Additional pages are not permitted: Should there be more partners than the form has spaces for, it's actually required to attach additional pages. This misconception could lead to incomplete filings. The form is designed to be inclusive of all partners, necessitating additional documentation if the provided space is insufficient.
Only for external documentation: Many believe Form 58 is only a supporting document for other filings. While it does play a supporting role, it is also a standalone document that requires detailed completion and submission as part of the partnership's tax obligations in North Dakota.
Social Security Numbers are optional: Every partner's SSN or FEin (for entities) is mandatory. This critical piece of information is essential for tax identification purposes. Skipping this detail can result in the rejection of the form or delays in processing.
Partnership size doesn't affect form completion: The size or type of partnership influences the details required on the form. Larger partnerships with many partners, especially nonresident individuals, will find certain columns exclusively tailored to capture necessary tax details pertinent to their specific structure and obligations.
Filing this form fulfills all state tax obligations: Finally, a major misconception is that filing Form 58 is all a partnership must do to satisfy its state tax obligations. While crucial, it's often just one component of a broader tax filing requirement that may include other forms and schedules, depending on the partnership's income, operations, and residency status of its partners.
Understanding these misconceptions can greatly improve the accuracy and efficiency of your tax filings. Remember, when dealing with state tax obligations, clarity and completeness are your allies. If you're unsure about your specific situation, consult with a tax professional skilled in North Dakota tax law.
Filling out the North Dakota Form 58 correctly is crucial for partnerships to ensure compliance with state tax laws. Here are key takeaways to guide individuals and entities through the process:
By paying attention to these key points, partnerships can navigate the complexities of North Dakota Form 58, promoting tax compliance and minimizing potential issues with state tax authorities.
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