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North Dakota Fiduciary Estimated Income Tax - Estates and Trusts
Extracted from PDF file 2024-north-dakota-form-38-es.pdf, last modified November 2023Fiduciary Estimated Income Tax - Estates and Trusts
Form 38-ES ESTIMATED INCOME TAX - ESTATES AND TRUSTS OFFICE OF STATE TAX COMMISSIONER 2024 SFN 28723 (12-2023) Who must pay estimated tax A fiduciary for an estate or trust must pay estimated North Dakota income tax for the 2024 tax year if all four of the following conditions apply: 1. The fiduciary is required to pay estimated federal income tax for the 2024 tax year. This condition applies whether or not the fiduciary actually makes the required payment(s) of estimated tax to the Internal Revenue Service. 2. The fiduciary’s net tax liability for the 2023 tax year was equal to or more than $1,000. Note: If the fiduciary was not required to file a North Dakota income tax return for the 2023 tax year, the fiduciary’s net tax liability is zero for purposes of this condition. 3. The fiduciary expects to owe (after subtracting any estimated North Dakota income tax withholding) an amount equal to or more than $1,000 for the 2024 tax year. 4. The fiduciary expects North Dakota income tax withholding for the 2024 tax year to be less than the smaller of: a. 90% of the net tax liability for the 2024 tax year. Note: Substitute 66 2/3% if a qualified farmer. See “Farmer” under “Payment amounts and due dates” later in these instructions. b. 100% of the net tax liability for the 2023 tax year. Note: If the estate or trust was not in existence for the entire 2023 tax year, part b does not apply; the 90% threshold in part a must be applied. How to determine the estimated tax Complete the worksheet on page 2. For line 1 of the worksheet, estimate the federal taxable income using the 2024 Form 1041‑ES, the federal estimated tax form for estates and trusts. For lines 2, 4, and 7 of the worksheet, see the instructions to the 2023 Form 38. Payment amounts and due dates In general, one-fourth (25%) of the total estimated tax required to be paid (from line 14 of the worksheet) for the 2024 tax year must be paid by each of the following due dates: 1st installment 2nd installment 3rd installment 4th installment April June September January 15, 15, 15, 15, 2024 2024 2024 2025 The above due dates apply if the fiduciary’s tax year is a calendar year—January 1 through December 31, 2024. However, if the tax year is a fiscal year, the installments are due on the 15th day of the 4th, 6th, and 9th months of the current tax year, and the 15th day of the 1st month of the following tax year. If any installment due date falls on a Saturday, Sunday, or legal holiday, the installment is not due until the next business day. Farmer—If the fiduciary qualifies as a farmer for federal estimated income tax purposes for the 2024 tax year, the fiduciary may pay the estimated tax according to the general rules explained above, or the fiduciary may pay the full amount of the estimated tax due by January 15, 2025. Note: Regardless of the option chosen, the fiduciary has until the regular due date to file the 2024 North Dakota fiduciary income tax return. Part-year requirement—If a fiduciary for a nonresident estate or trust, or an estate or trust that was created during the tax year, does not receive income from North Dakota sources until after the first installment due date, the fiduciary must pay the required estimated tax in equal payments over the remaining installment due dates following the receipt of income from North Dakota sources. How and where to pay Electronic payment. Instead of paying by check or money order with this payment voucher, payment may be made electronically with an electronic check, a debit or credit card, or an Automated Clearing House (ACH) transaction. To pay electronically, go to www.tax.nd.gov and select “Make A Payment.” If paying electronically, do not use the payment vouchers attached to this form. Payment by check or money order. If paying by check or money order, make it payable to “ND State Tax Commissioner.” To ensure proper credit to the account, write the last four digits of the federal employer identification number (FEIN) and “2024 38-ES” on the check or money order. Detach and complete the applicable installment’s payment voucher. Mail the payment and voucher to: Office of State Tax Commissioner 600 E. Boulevard Ave., Dept. 127 Bismarck, ND 58505-0599 A check must be drawn on a U.S. or Canadian bank, be in U.S. dollars, and use a standard 9-digit routing number. A check drawn on a foreign bank (except one in Canada) cannot be accepted. Underpayment or late payment interest Interest may be charged if not enough estimated tax is paid, or if the payment is not made on time or in the required amount. This applies even if there is a refund on the North Dakota fiduciary income tax return for the 2024 tax year. Interest is calculated at the rate of 12% per year from the installment due date to the earlier of the date the estimated tax is paid or the regular due date of the return. Need help? If you have questions or need forms, see page 3 of this form for how to contact us. Privacy Act Notification. In compliance with the Privacy Act of 1974, disclosure of a social security number or Federal Employer Identification Number (FEIN) on this form is required under N.D.C.C. §§ 57-01-15 and 57-38-62, and will be used for tax reporting, identification, and administration of North Dakota tax laws. Disclosure is mandatory. Failure to provide the social security number or FEIN may delay or prevent the processing of this form. 2024 Form 38-ES SFN 28723 (12-2023), Page 2 2024 Estimated Income Tax Worksheet—Estate or Trust 1. Estimated federal taxable income for the 2024 tax year (from worksheet in 2024 Federal Form 1041-ES)................................................................................................................ 1________________ 2. Addition adjustments—see the instructions to the 2023 Form 38, Tax Computation Schedule, line 2, for addition adjustments.......................................................................................... 2________________ 3. Balance (Add lines 1 and 2)............................................................................................... 3________________ 4. Subtraction adjustments—see the instructions to the 2023 Form 38, Tax Computation Schedule, line 4, for subtraction adjustments....................................................................... 4________________ 5. North Dakota taxable income (Subtract line 4 from line 3)..................................................... 5________________ 6. North Dakota income tax—calculate the tax for the amount on line 5 as follows........................ 6________________ • If a resident estate or trust, calculate the tax using the 2024 Tax Rate Schedule below. • If a nonresident estate or trust, complete lines 15 through 19 below. 7. Credits—see the instructions to the 2023 Form 38, page 1, line 3, for allowable credits............. 7________________ 8. Net tax liability (Subtract line 7 from line 6)........................................................................ 8________________ 9. Estimated North Dakota income tax withholding for the 2024 tax year.................................... 9________________ 10. Balance due (Subtract line 9 from line 8) If the amount on this line is less than $1,000, stop here; no estimated tax is due..................................................................................... 10________________ 11. Multiply line 8 by 90% (.90) [or 66 2/3% (.6667) if a qualified farmer]... 11________________ 12. Net tax liability from 2023 Form 38, page 1, line 4. If no return was required for 2023 enter 0. If the amount on this line is less than $1,000, stop here; no estimated tax is due.......................................... 12________________ 13. Enter the smaller of line 11 or line 12. However, if the estate or trust was not in existence for the entire 2023 tax year, enter the amount from line 11. If line 9 is equal to or greater than the amount on this line, stop here; no estimated tax is due................................................... 13________________ 14. Minimum annual payment. (Subtract line 9 from line 13) Divide this amount by four to determine the amount to pay on each installment due date. See “Payment amounts and due dates” in the instructions on page 1 for the due dates and for exceptions to paying in four installments.............................................................................................................. 14________________ Nonresident estate or trust tax calculation only (lines 15 through 19) 15. Calculate the tax for the amount on line 5 using the 2024 Tax Rate Schedule below.................. 15________________ 16. Income from North Dakota sources. Enter the portion of the fiduciary’s income that is reportable to North Dakota (except U.S. obligation interest)........................................................................... 16________________ 17. Estimated total income of fiduciary (reduced by U.S. obligation interest). 17________________ 18. North Dakota income ratio (Divide line 16 by line 17. Round to nearest two decimal places. If line 16 is more than line 17, enter 1.00).......................................................................... 18________________ 19. Multiply line 15 by line 18. Enter this amount on line 6 above................................................ 19________________ 2024 Tax Rate Schedule Estates and Trusts If North Dakota taxable income is: Over $ But not over Your tax is: 0 $ 3,150 $ 0.00 + 0.00% of North Dakota Taxable Income 3,150 11,325 0.00 + 1.95% of amount over $ 3,150 11,325...................... 159.41 + 2.50% of amount over 11,325 2024 Form 38-ES SFN 28723 (12-2023), Page 3 Call Write Questions: 701-328-1247 Forms: 701-328-1243 If speech or hearing impaired, call us through Relay North Dakota at 1-800-366-6888. Email Request forms, ask questions, or send messages to us via email at [email protected] Website Office of State Tax Commissioner 600 E. Boulevard Ave., Dept. 127 Bismarck, ND 58505-0599 Walk-in assistance Stop in to see us in person at our main office in Bismarck. State Capitol, 8th Floor Monday through Friday (except holidays) 8:00 a.m. to 5:00 p.m. tax.nd.gov Record of estimated tax payments for 2024 tax year Installment Payment number due date 1 Date paid 1 April 15, 2024 2 June 15, 2024 3 Sept. 15, 2024 4 Jan. 15, 2025 Check or money order number Amount paid Amount, if any, applied from 2023 return 2 Total amount paid Total estimated tax paid for 2024.......................................................................................... In the case of (1) a fiscal year filer, (2) a farmer, or (3) a fiduciary whose estimated tax requirement does not begin until after April 15, 2024, see instructions for applicable due dates. 1 If a statement was attached to the 2023 North Dakota return electing to apply part or all of the 2023 overpayment to a quarter other than the first quarter of 2024, enter the overpayment on the applicable quarter’s line. 2 ▼ Detach here and mail with payment ▼ FORM 38-ES FIDUCIARY ESTIMATED TAX PAYMENT VOUCHER North Dakota Office of State Tax Commissioner 2024 SFN 28723 (12-2023) Do not use this voucher if paying electronically Name Of Estate Or Trust As It Will Appear On Form 38 Name Of Fiduciary Mailing Address City, State, ZIP Code Federal Employer Identification Number . . . ► Tax Year Beginning (mm/dd/yyyy) . . . . . . . . ► Tax Year Ending (mm/dd/yyyy) . . . . . . . . ► Payment Amount ► • Mail payment and voucher to: Office of State Tax Commissioner 600 E. Boulevard Ave., Dept. 127 Bismarck, ND 58505-0599 $ • Make payable to: ND State Tax Commissioner • Write "2024 38-ES" on check FID ▼ Detach here and mail with payment ▼ FORM 38-ES FIDUCIARY ESTIMATED TAX PAYMENT VOUCHER North Dakota Office of State Tax Commissioner 2024 SFN 28723 (12-2023) Do not use this voucher if paying electronically Name Of Estate Or Trust As It Will Appear On Form 38 Name Of Fiduciary Mailing Address City, State, ZIP Code Federal Employer Identification Number . . . ► Tax Year Beginning (mm/dd/yyyy) . . . . . . . . ► Tax Year Ending (mm/dd/yyyy) . . . . . . . . ► Payment Amount ► • Mail payment and voucher to: Office of State Tax Commissioner 600 E. Boulevard Ave., Dept. 127 Bismarck, ND 58505-0599 $ • Make payable to: ND State Tax Commissioner • Write "2024 38-ES" on check FID ▼ Detach here and mail with payment ▼ FORM 38-ES FIDUCIARY ESTIMATED TAX PAYMENT VOUCHER North Dakota Office of State Tax Commissioner 2024 SFN 28723 (12-2023) Do not use this voucher if paying electronically Name Of Estate Or Trust As It Will Appear On Form 38 Name Of Fiduciary Mailing Address City, State, ZIP Code Federal Employer Identification Number . . . ► Tax Year Beginning (mm/dd/yyyy) . . . . . . . . ► Tax Year Ending (mm/dd/yyyy) . . . . . . . . ► Payment Amount ► • Mail payment and voucher to: Office of State Tax Commissioner 600 E. Boulevard Ave., Dept. 127 Bismarck, ND 58505-0599 $ • Make payable to: ND State Tax Commissioner • Write "2024 38-ES" on check FID ▼ Detach here and mail with payment ▼ FORM 38-ES FIDUCIARY ESTIMATED TAX PAYMENT VOUCHER North Dakota Office of State Tax Commissioner 2024 SFN 28723 (12-2023) Do not use this voucher if paying electronically Name Of Estate Or Trust As It Will Appear On Form 38 Name Of Fiduciary Mailing Address City, State, ZIP Code Federal Employer Identification Number . . . ► Tax Year Beginning (mm/dd/yyyy) . . . . . . . . ► Tax Year Ending (mm/dd/yyyy) . . . . . . . . ► Payment Amount ► • Mail payment and voucher to: Office of State Tax Commissioner 600 E. Boulevard Ave., Dept. 127 Bismarck, ND 58505-0599 $ • Make payable to: ND State Tax Commissioner • Write "2024 38-ES" on check FID
Form 38-ES - Estimated Income Tax - Estates and Trusts (2024)
More about the North Dakota Form 38-ES Corporate Income Tax Estimated TY 2024
We last updated the Fiduciary Estimated Income Tax - Estates and Trusts in March 2024, so this is the latest version of Form 38-ES, fully updated for tax year 2023. You can download or print current or past-year PDFs of Form 38-ES directly from TaxFormFinder. You can print other North Dakota tax forms here.
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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-ES from the Office of State Tax Commissioner in March 2024.
Form 38-ES is a North Dakota Corporate Income Tax form. While most taxpayers have income taxes automatically withheld every pay period by their employer, taxpayers who earn money that is not subject to withholding (such as self employed income, investment returns, etc) are often required to make estimated tax payments on a quarterly basis. Failure to make correct estimated payments can result in interest or penalties.
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-ES
We have a total of eleven past-year versions of Form 38-ES in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:
2024 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts (2024)
2023 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts (2024)
2022 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates And Trusts 2022
2020 Form 38-ES
Form 38 - Fiduciary Income Tax Return
2019 Form 38-ES
Form 38 Fiduciary Income Tax Return 2019
2018 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts
2016 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts
2015 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts
2013 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts
2012 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts
2011 Form 38-ES
Form 38-ES - Estimated Income Tax - Estates and Trusts
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