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North Dakota Fiduciary Beneficiary's Share of North Dakota Income (Loss)
Extracted from PDF file 2023-north-dakota-form-38-schedule-k-1.pdf, last modified December 2023Fiduciary Beneficiary's Share of North Dakota Income (Loss)
SCHEDULE K-1 (FORM 38) OFFICE OF STATE TAX COMMISSIONER 2023 SFN 28739 (12-2023) Estate's or trust's tax year: Calendar year 2023 (Jan. 1 - Dec. 31, 2023) Final Fiscal year: Beginning _________, 2023, Ending _________, 20____ Beneficiary's Share of North Dakota Income (Loss), Deductions, Adjustments, Credits, and Other Items Amended 11. Biodiesel/green diesel fuel sales equipment credit See separate instructions 12. Employer internship program credit Part 1 Estate or trust 13. a. Research expense credit A Estate's or trust's federal EIN b. Purchased research credit B Name of estate or trust 14. a. Endowment fund credit (Schedule QEC) b. Contribution amount (Schedule QEC) C Fiduciary's name, address, city, state, and ZIP code c. Endowment fund credit (ND Schedule K-1) d. Contribution amount (ND Schedule K-1) 15. Workforce recruitment credit Part 2 Beneficiary information 16. Wages paid to mobilized employee credit D Beneficiary's SSN or FEIN (from Federal Schedule K-1) 17. Nonprofit private primary school credit 18. Nonprofit private high school credit E Beneficiary's's name, address, city, state, and ZIP code (from Federal Schedule K-1) 19. Nonprofit private college credit 20. Automation credit 21. Developmentally disabled/mentally ill employee credit F What type of entity is this beneficiary? ____________________________ G If beneficiary is an individual, estate, or trust, beneficiary is a: Full-year resident of North Dakota Full-year nonresident of North Dakota H Is this an eligible nonresident beneficiary who elected to be included in a composite filing? Part 3 23. Apprentice tax credit Part-year resident of North Dakota Yes All beneficiaries: North Dakota adjustments and tax credits 22. Maternity home, child placing agency, or pregnancy help center credit No Part 4 Nonresident individual, estate, or trust beneficiary: North Dakota income (loss) 24. Interest income 25. Ordinary dividends 26. Net short-term capital gain 1. Income from non-ND bonds and securities 27. Net long term capital gain 2. State and local income taxes deducted 28. Other portfolio and nonbusiness income 3. Interest from U.S. obligations 29. Ordinary business income 4. Renaissance zone income exemption 30. Net rental real estate income 5. New or expanding business income exemption 31. Other rental income 6. College SAVE contribution deduction 32. Directly apportioned deductions 7. Renaissance zone: 33. Final year deductions a. Historic property preservation credit b. Renaissance fund organization credit c. Nonparticipating property owner credit 34. Other Part 5 Nonresident beneficiary: North Dakota income tax withheld or composite tax paid 8. Seed capital investment credit 35. ND distributive share of income (loss) 9. Agricultural commodity processing facility investment credit 36. North Dakota income tax withheld 10. Biodiesel/green diesel fuel blending credit 37. North Dakota composite income tax 2023 Schedule K-1 Instructions for Beneficiary SFN 28739 (12-2023), Page 2 Purpose of form North Dakota Schedule K-1 (Form 38) is a supplemental schedule provided by a fiduciary of an estate or trust to its beneficiaries. It provides information the beneficiaries may need to complete their North Dakota income tax returns. For this purpose, “beneficiary” includes an owner of a grantor trust. Resident individual, estate, or trust beneficiary. If you are a North Dakota resident individual, estate, or trust, your entire distributive share of income from the estate or trust is subject to North Dakota income tax. North Dakota Schedule K-1 was issued to you only to show your distributive share of the estate’s or trust’s North Dakota statutory adjustments and tax credits that may affect your North Dakota income tax return. See Part 3 of the schedule. Nonresident individual, estate, or trust beneficiary. If you are a nonresident individual, estate, or trust, only the portion of your distributive share of income from the estate or trust that is derived from North Dakota sources is subject to North Dakota income tax. North Dakota Schedule K-1 was issued to you to show your distributive share of the following items: North Dakota income, gains, losses, and deductions. See Part 4 of the schedule. North Dakota statutory adjustments and tax credits. See Part 3 of the schedule. North Dakota income tax withheld from your distributive share of North Dakota income. See Part 5 of the schedule. North Dakota income tax paid on your distributive share of North Dakota income in a composite filing. See “Composite filing election” under “General instructions” and Part 5 of the schedule. Partnership or corporation beneficiary. If you are a partnership, C corporation, S corporation, or a limited liability company treated like a partnership or corporation, North Dakota Schedule K-1 was issued to you only to show your distributive share of North Dakota statutory adjustments and tax credits. See Part 3 of the schedule. If you are a partnership, S corporation, or a limited liability company treated like a partnership or S corporation, and if your commercial domicile is located outside North Dakota, the schedule may also show your distributive share of the following items: North Dakota income subject to North Dakota income tax withholding. See Part 5 of the schedule. North Dakota income tax withheld from your distributive share of North Dakota income. See Part 5 of the schedule. North Dakota income tax paid on your distributive share of North Dakota income in a composite filing. See “Composite filing election” under “General instructions” and Part 5 of the schedule. General instructions These instructions explain where to report the information from Schedule K-1 (Form 38) on the North Dakota income tax return. Tax year. References to a North Dakota form and line number contained in these instructions are references to the form in use for the 2023 calendar year. However, if you file your return on a calendar year basis, but the estate or trust files its return on a fiscal year basis, report the amounts on your return for the year in which the estate’s or trust’s fiscal year ends. For example, if the estate or trust has a fiscal year ending in February 2024, report the amounts from the 2023 Schedule K-1 (Form 38) on your 2024 tax return. The estate’s or trust’s tax year is shown at the top of the schedule. Composite filing election. If Item H in Part 2 of Schedule K-1 (Form 38) is checked “Yes,” you elected to include your distributive share of North Dakota income in a composite filing by the fiduciary. Ignore any amounts shown in Parts 3 through 5 of Schedule K-1 (Form 38); they are not applicable if you elected to be included in a composite filing. The income tax paid on your behalf by the fiduciary under the composite filing method satisfies your North Dakota income tax filing and payment obligations with respect to your North Dakota distributive share of income from the estate or trust. The North Dakota distributive share of income and composite income tax paid, as shown in Part 5 of Schedule K-1 (Form 38), are provided only for your information. If you later choose to revoke your composite filing election and file your own North Dakota income tax return, follow the instructions to Parts 3 through 5 to transfer the amounts from Schedule K-1 (Form 38) to your return. Amended Schedule K-1 (Form 38). If you receive an amended North Dakota Schedule K-1 (Form 38) from the fiduciary for the estate or trust, you generally must file an amended North Dakota income tax return to report the revised information, in which case a copy of the amended Schedule K-1 (Form 38) must be attached to your amended North Dakota income tax return. If you previously elected to include your distributive share of North Dakota income in a composite filing, and you are not changing that election, you generally do not have to take any action and should retain the amended Schedule K-1 (Form 38) for your tax records. Specific Instructions Part 3 All beneficiaries–North Dakota adjustments and tax credits Except for a nonresident beneficiary who elected to be included in a composite filing, the information in Part 3 of Schedule K-1 (Form 38) applies to all beneficiaries. The following lists show where to enter an amount from Part 3 of Schedule K-1 (Form 38) on the North Dakota income tax return. Use the list that applies to your return. “Not applicable” in the right-hand column means that the item does not apply and should not be entered on the return. Lines 1–23 Form ND-1 filer: Include the amount from this schedule: On: Lines 1–2 Line 3 Line 4 Line 5 Line 6 Line 7a Line 7b Line 7c Line 8 Not applicable Form ND-1, line 5 Sch. RZ, Part 1, line Sch. ND-1SA, line 5 Form ND-1, line 12 Sch. RZ, Part 4, line Sch. RZ, Part 5, line Sch. RZ, Part 6, line Sch. ND-1TC, line 4 18 7 4 6 2023 Schedule K-1 Instructions for Beneficiary SFN 28739 (12-2023), Page 3 Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line 9 10 11 12 13a 13b 14a 14b 14c 14d 15 16 17 18 19 20 21 22 23 Sch. ND-1TC, line 3 Sch. ND-1TC, line 6 Sch. ND-1TC, line 7 Sch. ND-1TC, line 8a Sch. ND-1TC, line 9a Sch. ND-1TC, line 9b Sch. ND-1TC, line 15b See instructions to Form ND-1, line 2 Sch. ND-1TC, line 15b See instructions to Form ND-1, line 2 Sch. ND-1TC, line 11a Sch. ND-1TC, line 13 Sch. ND-1PSC, line 4 Sch. ND-1PSC, line 13 Sch. ND-1PSC, line 22 Sch. ND-1TC, line 17a Sch. ND-1TC, line 22 Sch. ND-1TC, line 24 Sch. ND-1TC, line 25a Form 38 filer: Include the amount from this schedule: On: Lines 1–2 Line 3 Line 4 Lines 5-6 Line 7a Line 7b Line 7c Line 8 Line 9 Line 10 Line 11 Line 12 Line 13a Line 13b Line 14a Line 14b Line 14c Line 14d Line 15 Line 16 Line 17 Line 18 Line 19 Line 20 Line 21 Line 22 Line 23 Not applicable Form 38, page 2, Part 1, line 4a Sch. RZ, Part 1, line 18 Form 38, page 2, Part 1, line 4d Sch. RZ, Part 4, line 7 Sch. RZ, Part 5, line 4 Sch. RZ, Part 6, line 6 Sch. 38-TC, line 3 Sch. 38-TC, line 2 Sch. 38-TC, line 4 Sch. 38-TC, line 5 Sch. 38-TC, line 6a Sch. 38-TC, line 7a Sch. 38-TC, line 7b Sch. 38-TC, line 12c Form 38, page 2, Part 1, line 2 Sch. 38-TC, line 12c Form 38, page 2, Part 1, line 2 Sch. 38-TC, line 9a Sch. 38-TC, line 11 Sch. 38-TC, line 15 Sch. 38-TC, line 16 Sch. 38-TC, line 17 Sch. 38-TC, line 14a Sch. 38-TC, line 18 Sch. 38-TC, line 19 Sch. 38-TC, line 20a Form 40 filer: Include the amount from this schedule: On: Line Line Line Line Line Line Line Line Line Line Line Line 1 2 3 4 5 6 7a 7b 7c 8 9 10 Sch. SA, line 4 Sch. SA, line 3 Sch. SA, line 10 Sch. RZ, Part 1, line 18 Form 40, page 1, line 9 Not applicable Sch. RZ, Part 4, line 7 Sch. RZ, Part 5, line 4 Sch. RZ, Part 6, line 6 Sch. TC, line 11 Sch. TC, line 14 Sch. TC, line 12 Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line Line 11 12 13a 13b 14a 14b 14c 14d 15 16 17 18 19 20 21 22 23 Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. Sch. TC, line 13 TC, line 16 TC, line 6 TC, line 7 TC, line 15 SA, line 5 TC, line 15 SA, line 5 TC, line 18 TC, line 19 TC, line 3 TC, line 2 TC, line 1 TC, line 22 TC, line 5 TC, line 21 TC, line 24 Forms 58 and 60: Include the amounts from lines 1–23 of this schedule on the applicable lines of Schedule K of Form 58 or Form 60. Part 4 Nonresident individual, estate, or trust beneficiary only–North Dakota income (loss) If you are a nonresident individual, estate, or trust, lines 24 through 34 of Part 4 show your share of the estate’s or trust’s North Dakota income, gains, losses, and deductions that you must report on your North Dakota income tax return. Transfer these amounts to your North Dakota income tax return as instructed below based on the type of return you are filing. If the full amount of any item is not included in your adjusted gross income on your federal income tax return because of limitations on the deductibility of a passive activity loss, capital loss, section 179 deduction, or for any other reason, enter on your North Dakota return only that portion of the item included in your federal adjusted gross income. Attach a statement to your North Dakota income tax return explaining any difference between the amount shown on North Dakota Schedule K-1 (Form 38) and the amount reported on your North Dakota income tax return. Form ND-1 filer (nonresident only): Include the amount On Schedule ND-1NR, from this schedule: Column B: Lines 24-25 Line 2 Lines 26-27 Line 4 Lines 28-32 Line 6 Line 33 Line 4 or line 8 Line 34 Line 8 Form 38 filer (nonresident only): Include the amount from this schedule: Line 24 Line 25 Lines 26-27 Lines 28-32 Line 33 Line 34 On Page 2, Part 2, Column B: Line 1 Line 2 Line 4 Line 5 Line 4 or line 8 Line 8 Part 5 Nonresident beneficiary only Lines 35 through 37 only apply if you are (1) an individual not domiciled in North Dakota, (2) a trust, including a grantor trust, not organized under North Dakota law, or (3) a passthrough entity, such as a partnership, with a commercial domicile outside North Dakota. Line 35 This is the net amount of your North Dakota distributive share of income (loss) from the estate or trust. Do not enter the amount from this line anywhere on your return. It is for your information only. Line 36 This is the amount of North Dakota income tax withheld by the fiduciary from your North Dakota distributive share of income. Enter this amount on your return as follows: If an individual, enter on Form ND-1, line 26. If an estate or trust, enter on Form 38, page 1, line 8. If a partnership, enter on Form 58, page 1, line 4. If an S corporation, enter on Form 60, page 1, line 5. Attach a copy of North Dakota Schedule K-1 (Form 38) to your return. Line 37 If you elected to include your North Dakota distributive share of income (loss) in a composite filing, this is the amount of North Dakota composite income tax paid on your behalf by the fiduciary. For more information, see “Composite filing election” on page 1 of these instructions. Note: If you later choose to file your own North Dakota income tax return, you may claim this amount as a tax payment on your return. Attach a copy of the North Dakota Schedule K-1 (Form 38) to your return to support the amount claimed.
Schedule K-1 (Form 38) (2023)
More about the North Dakota Form 38 Schedule K-1 Corporate Income Tax TY 2023
We last updated the Fiduciary Beneficiary's Share of North Dakota Income (Loss) in February 2024, so this is the latest version of Form 38 Schedule K-1, fully updated for tax year 2023. You can download or print current or past-year PDFs of Form 38 Schedule K-1 directly from TaxFormFinder. You can print other North Dakota tax forms here.
Other North Dakota Corporate Income Tax Forms:
TaxFormFinder has an additional 44 North Dakota income tax forms that you may need, plus all federal income tax forms.
| Form Code | Form Name |
|---|---|
| Form 58 Booklet | Form 58 Partnership Income Tax Booklet |
| Form 58 Schedule K-1 | Partner's Share of ND Income, Deductions, Adjustments, Credits |
| Form 60 | S Corp Income Tax Return |
| Form 60 Booklet | Form 60 Booklet - S Corporation Income Tax |
| Form 38 | Fiduciary Income Tax Return |
View all 45 North Dakota Income Tax Forms
Form Sources:
North Dakota usually releases forms for the current tax year between January and April. We last updated North Dakota Form 38 Schedule K-1 from the Office of State Tax Commissioner in February 2024.
About the Corporate Income Tax
The IRS and most states require corporations to file an income tax return, with the exact filing requirements depending on the type of company.
Sole proprietorships or disregarded entities like LLCs are filed on Schedule C (or the state equivalent) of the owner's personal income tax return, flow-through entities like S Corporations or Partnerships are generally required to file an informational return equivilent to the IRS Form 1120S or Form 1065, and full corporations must file the equivalent of federal Form 1120 (and, unlike flow-through corporations, are often subject to a corporate tax liability).
Additional forms are available for a wide variety of specific entities and transactions including fiduciaries, nonprofits, and companies involved in other specific types of business.
Historical Past-Year Versions of North Dakota Form 38 Schedule K-1
We have a total of eleven past-year versions of Form 38 Schedule K-1 in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:
2023 Form 38 Schedule K-1
Schedule K-1 (Form 38) (2023)
2022 Form 38 Schedule K-1
Schedule K-1 (Form 38) - Beneficiary's Share of ND Income, (Loss), Deductions, Adjustments, Credits. and Other Income (2022)
2021 Form 38 Schedule K-1
Schedule K-1 (Form 38) 2021 - Beneficiary's Share of ND Income (Loss), Deductions, Adjustments, Credits, and Other Items
2020 Form 38 Schedule K-1
Schedule K-1 (Form 38 - Beneficiary's Share of North Dakota Income (Loss), Deductions, Adjustments, Credits, and Other Items
2019 Form 38 Schedule K-1
Schedule K-1 (Form 38) Beneficiary's Share of ND Income (Loss), Deductions, Adjustments, Credits, and Other Items 2019
2018 Form 38 Schedule K-1
Schedule K-1 (Form 38) - Beneficiary's Share of ND Income (Loss), Deductions, Adjustments, Credits, and Other Items
2017 Form 38 Schedule K-1
Schedule K-1 (Form 38) - Beneficiary's Share of North Dakota Income (Loss), Deductions, Adjustments, Credits, and Other Items
2016 Form 38 Schedule K-1
Schedule K-1 (Form 38) - Beneficiary's Share of ND Income (Loss), Deductions, Adjustments, Credits, and Other Items
2015 Form 38 Schedule K-1
Schedule K-1 (Form 38) - Beneficiary's Share of North Dakota Income (Loss), Deductions, Adjustments, Credits, and Other Items
2013 Form 38 Schedule K-1
Schedule K-1 (Form 38) (2013) (49082 - Draft, VersiForm)
2012 Form 38 Schedule K-1
Schedule K-1 (Form 38 - Beneficiary's Share of ND Income (Loss), Deductions, Adjustments, Credits, and Other Items
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