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2022 Schedule 38-UT
SFN 28711 (12-2022), Page 2
General instructions Instructions for Part 2 Instructions for Part 3
A fiduciary for an estate or trust may Interest of 12% per year is charged on
use Schedule 38-UT to determine if Line 7 an underpayment or late payment of
enough estimated North Dakota income If one of the exceptions in Part 1 applies, estimated tax. Interest accrues from the
tax was paid by the payment due dates enter on this line the appropriate due date of the payment to the earlier of
and, if not, to calculate the amount of amount(s) as follows: April 15, 2023, or the date the estimated
interest to pay on the underpayment • If Item A applies, enter the amount tax due is paid in full. In the case where
or late payment. The dates used on from line 6 in the 4th quarter an overpayment is applied to offset
Schedule 38-UT and in these instructions column. Enter zero in the first three an underpayment, the overpayment is
are for calendar year filers. Fiscal year columns. considered to have been applied as of
filers should substitute corresponding the payment due date for the quarter in
dates. • If Item B applies, use the which the overpayment occurred.
annualized federal taxable
Federal estimated income tax income determined on the 2022 In some cases, it may be necessary
requirement. Do not complete Federal Form 2210 to calculate an to compute the interest on a separate
Schedule 38-UT unless the estate or trust annualized North Dakota taxable worksheet, in which case skip lines 16a
was required to pay estimated federal income. Include any adjustments through 16d and enter the separately
income tax for the tax year. To determine required or allowed under North computed interest on line 16e in
this, see the 2022 Federal Form 2210. Dakota tax law in the calculation. the appropriate column. Attach a
Enter the amount of estimated worksheet showing the calculation.
Instructions for Part 1 North Dakota income tax due by For purposes of computing interest,
Following are descriptions of the each payment due date calculated the amount paid for a quarter must
exceptions to the regular computation of in the same manner as under be applied first to the amount due for
underpayment listed in Part 1. If one of the federal annualized income that quarter. If the total amount paid
them applies, fill in the applicable circle. installment method on Form 2210. exceeds the amount due, the excess
Item A: Qualified farmer exception Attach a worksheet showing the must be applied to offset an outstanding
This exception applies if the fiduciary North Dakota calculations. underpayment, if any, from a previous
qualified as a farmer for federal • If Item Capplies, enter 25% of the quarter, starting with the earliest
estimated income tax purposes in 2022 amount on line 6 in the 1st, 2nd underpayment. In addition, in the case of
and was required to pay estimated and 3rd columns. Enter zero in the a late payment, the interest on line 16e
federal income tax for the 4th quarter 4th quarter column. must be computed on the amount due on
due on January 15, 2023. line 7 less any tax withheld included on
• If Item D applies, the amount line 8.
Item B: Federal annualized income to enter in each column depends
installment method exception on when the estate or trust first Line 16a
This exception applies only if the received income from North Dakota Except for a late payment or where an
fiduciary used the annualized income sources in 2022. If received after underpayment is offset by a subsequent
installment method to calculate the March 31 and before June 1, 2022, quarter’s overpayment, enter April 15,
amount of the underpayment and enter one-third of the amount on 2023. If there is a late payment and
penalty for federal estimated income line 6 in the 2nd, 3rd, and 4th the amount of the payment equals
tax purposes for 2022. Attach a copy quarter columns. If received after or exceeds the amount of estimated
of the federal annualized income May 31 and before September 1, tax due, enter the date of payment.
installment method worksheet (from 2022, enter one-half of the If an underpayment is fully offset by
2022 Federal Form 2210) showing amount on line 6 in the 3rd and a subsequent quarter’s overpayment,
the amounts computed for federal 4th quarter columns. If received enter the payment due date for the
purposes. after August 31, 2022, and before quarter in which the overpayment
Item C: Federal 4th quarter January 1, 2023, enter the amount occurred. In other cases, more than
exception from line 6 in the 4th quarter one date may apply and it may be
This exception applies if the fiduciary column. necessary to compute the interest on a
separate worksheet, in which case skip
did not have to make the 4th quarter Line 8 lines 16a through 16d and enter the
estimated federal income tax payment Enter the amount of estimated tax paid separately computed interest on line 16e
due on January 15, 2023, because the and income tax withheld for each quarter. in the appropriate column. Attach a
2022 federal income tax return was filed (Note: Do not include the income tax worksheet showing the calculation.
and the remaining federal income tax due withheld from nonresident beneficiaries
was paid by February 1, 2023. from Form 38, page 1, line 5.) Unless it Line 17
Item D: Partial year exception can be shown otherwise, one-fourth of If there is an overpayment on Form 38,
This exception applies if the estate or the total amount withheld is deemed to page 1, line 11, any interest due on
trust was not in existence for the entire have been withheld by each payment Schedule 38-UT will reduce the amount
2022 tax year and did not receive due date. If the fiduciary elected to apply to be refunded. If there is a tax due on
income subject to North Dakota income an overpayment from the 2021 North Form 38, page 1, line 14, any interest
tax until after April 15, 2022. Attach a Dakota Form 38 to the 2022 estimated due on Schedule 38-UT must be included
statement describing the situation. tax, enter the overpayment in the 1st in the balance due to be paid with the
quarter column; however, if the fiduciary return. If there is no overpayment or tax
attached a statement to the 2021 due on Form 38, and if the interest due
return requesting the overpayment to on Schedule 38-UT is $5.00 or more, the
be applied to another quarter, enter the interest due on Schedule 38-UT must be
overpayment in the appropriate column. included in the balance due, and a check
or money order for this amount must be
submitted with the return.
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