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                                             2021

                                         NORTH DAKOTA

                                  SCHEDULE RZ BOOKLET

              RENAISSANCE ZONE ACT 

              EXEMPTIONS AND TAX CREDITS

Photo credit: 
ND Tourism

Schedule RZ is a supplemental form that must 
be completed and attached to the North 
Dakota tax return by taxpayers claiming an 
income exemption or tax credit under the 
North Dakota Renaissance Zone Act.

                                             RYAN RAUSCHENBERGER

                                             Tax Commissioner
                                             WWW.ND.GOV/TAX



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Renaissance Zone Program                                                                                                        Where to get help
Under the Renaissance Zone Program (N.D.C.C. ch. 40-63), a city may establish a                                                 If you have questions about the 
renaissance zone, a designated area within the city in which income tax and property tax                                        tax incentives under the Act or the 
incentives are available to taxpayers who purchase, lease, or improve real estate in the                                        completion of Schedule RZ:
zone, or invest in a renaissance fund organization.
                                                                                                                                Call
Division of Community Services                                                                                                  Individuals             701-328-1247
The North Dakota Commerce Department’s Division of Community Services administers                                               Partnerships,           701-328-1258
the establishment and operation of a zone. For information on the Program in general, a                                          S corporations
list of North Dakota cities with an approved zone, and contact information for each zone                                         trusts, and estates
city, contact the Division of Community Services as follows:
                                                                                                                                C corporations and      701-328-1249
Website: www.communityservices.nd.gov                                                                                            financial institutions 
Phone:   701.328.5300                                                                                                           Speech or hearing impaired—call Relay 
Office address:  1600 E. Century Avenue, Bismarck, ND 58503                                                                     North Dakota at 1-800-366-6888

Reminders                                                                                                                       Email
The following apply to taxpayers claiming a tax incentive under the Renaissance Zone                                            Individuals, estates, trusts, partnerships, 
Program:                                                                                                                        and S corporations—
                                                                                                                                 individualtax@nd.govTax incentive disclosure—If requested by the chairman of North Dakota’s Legislative 
                                                                                                                                C corporations and financial 
  Management or a standing committee of the North Dakota Legislature, the Tax 
                                                                                                                                institutions—
  Commissioner must disclose the amount of any tax deduction or tax credit earned or 
                                                                                                                                 corptax@nd.gov
  claimed by a taxpayer. The taxpayer’s name, federal identification number, or any other 
  confidential information will not be disclosed. This applies to deductions and credits                                        Write
  earned or claimed after July 31, 2017.                                                                                        ND Office of State Tax Commissioner
                                                                                                                                600 E. Boulevard Ave., Dept. 127
• State and local tax clearance requirements—Starting August 1, 2017, certain state 
                                                                                                                                Bismarck, ND 58505-0599
  and local tax incentives may not be granted to, or claimed, by a taxpayer unless the 
  taxpayer has satisfied all state and local tax obligations and tax liens of record for                                        Website
  taxes owed to North Dakota or a political subdivision. In certain cases, a taxpayer                                           www.nd.gov/tax
  may have to obtain a state or local tax clearance record. For more information, see 
  the State and Local Tax Clearance Requirements Guideline on the Office of State Tax 
  Commissioner’s website.

Contents
Renaissance Zone Program ................................................................................. This page
Where to get help ................................................................................................ This page
General information .......................................................................................................... 1
General and specific instructions for:
  Part 1: Business or investment income exemption ...................................................... 3
  Part 2:  Business purchase or expansion tax credit ....................................................... 6
  Part 3:  Single-family residence tax credit ....................................................................7
  Part 4:  Historic property preservation or renovation tax credit ...................................8
  Part 5:  Renaissance fund organization investment tax credit ...................................... 9
  Part 6:  Nonparticipating property owner credit ......................................................... 10
  Instructions for calculating the zone apportionment factor ........................................ 11



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North Dakota Office of State Tax Commissioner                                               2021 Schedule RZ instructions

                                             Renaissance fund organization—                 The information in the final zone project 
                                             means an entity established by a city for      approval letter will be needed to complete 
2021                                         the sole purpose of raising funds to invest    Schedule RZ. A copy of the final zone 
                                             in and provide financing to zone projects      project approval letter must be attached to 
Schedule RZ                                  and other projects located in a renaissance    the North Dakota income tax return along 
                                             zone.                                          with Schedule RZ.
instructions
                                             Taxpayer—means an individual, estate,          For certain projects, the Division 
                                             trust, corporation, passthrough entity,        of Community Services will issue a 
General
                                             or other entity subject to North Dakota        preliminary approval letter. The purpose 
information                                  income tax under N.D.C.C. ch. 57-38.           of the preliminary letter is to allow the 
                                             Zone—means a state-approved                    taxpayer to proceed with the eligible 
                                             renaissance zone created under the Act.        transaction or begin the rehabilitation 
Purpose of form                                                                             work. The final zone project approval letter 
Schedule RZ is a supplemental schedule       Zone project—means a qualifying 
                                                                                            is issued after the Division of Community 
that must be completed by a taxpayer         transaction with respect to a parcel of 
                                                                                            Services determines that the project has 
claiming any of the income tax incentives    property that is approved by both the 
                                                                                            satisfied the criteria for eligibility.
available under the North Dakota             local zone authority and the North Dakota 
Renaissance Zone Act. All five pages         Commerce Department’s Division of              Passthrough entity. In the case of a 
of Schedule RZ must be attached to the       Community Services.                            passthrough entity, the copy of the zone 
taxpayer’s North Dakota income tax return.   Zone project property—means the                project approval letter must be attached to 
                                             portion of a parcel of property that has       the passthrough entity’s income tax return. 
For detailed information about the           been approved as a zone project.               The owners of the passthrough entity 
available income tax incentives under                                                       do not attach a copy of the zone project 
the Act, see the Renaissance Zone Tax        Eligibility for tax incentives                 approval letter to their North Dakota tax 
Incentives Guideline on the Office of        Except for the tax credit for investing in a   returns.
State Tax Commissioner’s web site at         renaissance fund organization, eligibility 
www.nd.gov/tax.                              for the tax incentives is dependent on         Passthrough entity
                                             having a zone project.                         If the taxpayer is a passthrough entity, 
Definitions                                                                                 the amount of the exemption or credit 
                                             Zone project
Unless stated otherwise in these                                                            must be determined at the passthrough 
                                             A taxpayer must apply to the local zone 
instructions, the following definitions                                                     entity level and passed through to the 
                                             authority for approval of a proposed 
apply:                                                                                      owners according to their respective 
                                             transaction as a zone project. For more        interests in the entity. Schedule RZ must 
Act—means the Renaissance Zone               information on eligible transactions and       be completed by the entity and attached to 
Act under North Dakota Century Code          how to apply for a zone project, contact the   Form 58 or Form 60. The total amount of 
ch. 40 -63.                                  local zone authority for the zone in which     the exemption or credit must be reported 
Local zone authority—means the               the project will be located prior to entering  on Schedule K of the applicable return. 
governing body of the city in which the      the transaction.                               Each owner’s share of the exemption or 
zone is located, or the entity designated                                                   credit must be reported on North Dakota 
by the city governing body to promote,       Zone project approval letter
                                                                                            Schedule K-1. See the instructions to 
develop, and manage the zone.                Upon final approval of a zone project, the     Form 58 or Form 60 for more information.
                                             North Dakota Commerce Department’s 
Parcel of property—means a specific 
                                             Division of Community Services will issue      Exception for certain S corporations. In 
piece of real property consisting of land 
                                             a final zone project approval letter to the    the case of an S corporation that is being 
and the buildings, fixtures, structures, and 
                                             local zone authority, a copy of which is       taxed as a C corporation under an election 
improvements affixed to the land.
                                             also provided to the taxpayer. Among other     pursuant to N.D.C.C. § 57-38-01.35, the 
Passthrough entity—means an                  things, the letter will include the following: business or investment income exemption 
S corporation, limited liability company        Project number assigned to the project      under the Act is claimed as a deduction on 
                                             •
not taxed as a corporation, general           by the local zone authority.                  the corporation’s North Dakota income tax 
partnership, limited partnership, limited                                                   return (Form 40) and is passed through 
liability partnership, limited liability     •  Description of the tax incentive(s) 
limited partnership, or similar entity that   allowed for the project. (This does not       to its shareholders according to their 
passes its income, deductions, and credits    include any property tax exemption that       respective interests in the corporation. The 
to its owners. However, it does not include   may be granted at the local government        credits under the Act, however, may not 
a cooperative or a real estate investment     level.)                                       be passed through to the shareholders. On 
                                                                                            or before the due date or extended due date 
trust.                                       •  The starting date of the 5-year             of Form 40, the corporation must provide 
                                              exemption or credit period, if                each of its shareholders with a notice 
                                              applicable.                                   containing the following:

                                                                                                                                       1



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North Dakota Office of State Tax Commissioner                                                2021 Schedule RZ instructionsThe heading: Renaissance Zone             Priority of exemptions                        1.  Tax credits that may not be carried back 
  Shareholder Notice.                       and credits                                      or carried forward to another tax year.
• The statement: This notice contains       A taxpayer may qualify for more than one      2.  Tax credits that may be carried back.
  information that is important to the      tax incentive under the Act. If a taxpayer    3.  Tax credits that may be carried forward.
  preparation of your North Dakota          qualifies for both an income exemption 
  income tax return. For instructions on    and a tax credit under the Act, the income    Note: In the case of an individual, the 
  how to report this information on your    exemption must be applied first to            credit for income tax paid to another state 
  North Dakota income return, obtain        determine North Dakota taxable income.        must be applied first in all cases.
  Schedule RZ from the North Dakota         Then the tax credit must be subtracted 
  Office of State Tax Commissioner.         from the tax calculated on North Dakota       Property tax clearance 
  Attach a copy of this notice to your      taxable income.                               requirement
  North Dakota income tax return.                                                         North Dakota Century Code § 57-01-15.1 
                                            Multiple income exemptions
•  Name, address, and federal employer      If a business qualifies for both the business provides that, before certain state tax 
  identification number (FEIN) of the       income exemption under the Act and            incentives may be claimed, a taxpayer 
  corporation.                              the new or expanding business income          must obtain a property tax clearance record 
•  Tax year of the corporation to which the exemption under N.D.C.C. ch. 40-57.1, the     from each North Dakota county in which 
  income exemption relates.                 following steps apply:                        the taxpayer holds a 50 percent or more 
                                                                                          ownership interest in real property. The 
•  Name and social security number (or      1.  Choose which of the two exemptions to     property tax clearance record(s) must be 
  FEIN) of the shareholder.                 apply first.                                  attached to the North Dakota income tax 
•  Shareholder’s share of the business or   2.  Calculate the amount of the               return on which the incentive is claimed. 
  investment income exemption.              exemption to be applied first by              The income exemptions and tax credits 
Passthrough entity owner. If you own        multiplying the total North Dakota            claimed on Schedule RZ are subject to this 
an interest in a passthrough entity, the    net income of the business by the first       requirement. For more information and the 
entity must provide you with a North        exemption’s apportionment factor (see         procedure for meeting this requirement, 
Dakota Schedule K-1 showing your share      “Apportionment factor” below).                see the instructions to the applicable North 
of the entity’s income exemption or tax     3.  Subtract the amount of the first          Dakota income tax form as follows:
credit. However, if you are a shareholder   exemption (determined in step 2) from         In the case See instructions to:
of an S corporation that elected to be      the total North Dakota net income of the      of:
taxed as a C corporation under N.D.C.C.     business to determine the amount of the 
§ 57-38-01.35, you will receive a           North Dakota net income that remains.         Form ND-1   Sch. ND-1SA (exemption)
                                                                                                      or Sch. ND-1TC (credit)
Renaissance Zone Shareholder Notice         4.  Calculate the amount of the exemption 
instead of a North Dakota Schedule K-1,     to be applied second by multiplying the       Form 38     Form 38, Tax Computation  
which will show your share of the           remaining North Dakota net income                         Schedule (exemption) or  
corporation’s income exemption only.        (determined in step 3) by the second                      Sch. 38-TC (credit)
If you receive a North Dakota               exemption’s apportionment factor (see         Form 40     Form 40, pg. 1 (exemption)
Schedule K-1 or Renaissance Zone            “Apportionment factor” below).                            or Sch. TC (credit)
Shareholder Notice, claim your share of     Apportionment factor. For purposes            Form 58     Schedule K
the income exemption or tax credit on your  of steps 2 and 4, the exemption’s             Form 60     Schedule K
North Dakota income tax return as follows:  apportionment factor means the:
1.  Enter your share of the exemption       •  Zone apportionment factor in the case      Disclosure notification
  or credit on the applicable line of       of the business income exemption under        Upon written request from the chairman 
  Schedule RZ. A separate line is           the Renaissance Zone Act. See page 11         of a North Dakota legislative standing 
  provided in Parts 1, 4, 5, and 6 of       for details.                                  committee or Legislative Management, 
  Schedule RZ on which to report an         •  Apportionment factor prescribed under      the law requires the Office of State Tax 
  exemption or tax credit passed through    N.D. Admin. Code § 81-03-01.1-06              Commissioner to disclose the amount of 
  to you by a passthrough entity. Also      in the case of the new or expanding           any deduction or credit claimed on a tax 
  complete Part 7 of Schedule RZ.           business income exemption under               return. Any other confidential information, 
                                            N.D.C.C. ch. 40-57.1.                         such as a taxpayer’s name, social security 
2.  Attach Schedule RZ and a copy of                                                      number, or federal employer identification 
  the North Dakota Schedule K-1 or          Multiple tax credits                          number, may not be disclosed.
  Renaissance Zone Shareholder Notice       If you qualify for more than one tax credit 
  to your North Dakota income tax return.   under North Dakota law (including the 
                                            Act), the credits must be applied in the 
                                            following order:

2



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North Dakota Office of State Tax Commissioner                                                 2021 Schedule RZ instructions

                                               through the end of the 60-month period.       zone project primarily consists of the 
                                               The exemption is allowed over the entire      expansion of an existing building. See the 
Instructions for                               60-month exemption period even though         instructions to Part 1, lines 8 through 15, 
                                               the life of the renaissance zone itself       of Schedule RZ for the calculation of the 
Part 1                                         expires before the end of the 60-month        exemption amount.

                                               period.                                       Investment use property. If the zone 
Business or
                                               Change in qualifying use. If the zone         project property is used for investment 
investment                                     project property ceases to be used for its    purposes, the amount of the exemption 
                                               qualifying business or investment purpose,    equals the actual net income derived 
income                                         the taxpayer is ineligible for the exemption  from the zone project property during 
                                               starting with the first day of the month in   the portion of the tax year the taxpayer 
exemption                                      which the property’s use changes.             is eligible for the exemption. For this 
                                                                                             purpose, investment income means:
                                               Transfer of zone project property. The 
                                               business or investment income exemption       •  Net rental income from the lease of the 
                                                                                              property.
                                               and its 60-month exemption period attach 
General instructions                           to the zone project property. If the zone     •  Taxable portion of a gain from the sale 
                                               project property is transferred to another     or exchange of the property during the 
Who should complete                            taxpayer before the property’s 60-month        exemption period. In the case of an 
Complete Part 1 if the incentive allowed       exemption period expires, the exemption        installment sale contract, the taxpayer 
for the zone project, as specified in the      and the unused portion of the 60-month         may exempt the taxable portion of the 
zone project approval letter, is the business  exemption period transfer with the             gain recognized in each tax year over 
or investment income exemption.                property. The taxpayer who transfers the       the life of the contract, even though 
                                               property is ineligible for the exemption        the 60-month exemption period or the 
If there is more than one project for which                                                   renaissance zone itself expires before 
                                               starting on the first day of the month of 
this exemption is allowed, complete a                                                         all installments are received. However, 
                                               disposition. If the property is transferred 
separate Schedule RZ, Part 1, for each                                                        interest income derived from the 
                                               to a taxpayer who also qualifies for the 
project.                                                                                      installment sale contract is not eligible 
                                               business or investment income exemption 
The business or investment income              with respect to the property, the taxpayer     for the exemption.
exemption may be claimed on the                acquiring the property is eligible for the    The exemption is allowed only to the 
following forms—                               exemption for the unexpired portion of the    extent that the investment income is 
                                               60-month exemption period starting on the 
In the case                                                                                  included in North Dakota taxable income. 
                                               first day of the month of acquisition.
of a(n):         Form                                                                        In addition, if the zone project primarily 
Individual       ND-1                                                                        consists of an expansion of an existing 
Estate or trust  38                            Amount of income                              building, the exemption amount is limited 
C corporation    40                            exemption                                     to an amount attributable to the expanded 
                                               The amount of income that may be              portion of the building. See the instructions 
If the taxpayer is a passthrough entity, see   exempted is dependent on whether the          to Part 1, line 16, of Schedule RZ for the 
“Passthrough entity” on page 1.                zone project property is used for business    calculation of the exemption amount.
Optional credit election. If certain           or investment purposes. The property is       Maximum exemption amount per year. 
conditions are met, an individual              considered used for business purposes if it   In any tax year, a taxpayer may exempt 
(Form ND-1) filer who qualifies for the        is used in an occupation, trade, profession,  no more than $500,000 of eligible income 
business income exemption may elect to         or commercial or mercantile enterprise.       derived from zone projects approved on or 
claim a tax credit in lieu of the business     Property is used for investment purposes      after August 1, 2013. The eligible income 
income exemption. See the instructions to      if the property is not part of or used in the amounts attributable to zone projects 
Part 2 (Business purchase or expansion tax     regular course of any trade or business of    approved on or after August 1, 2013, 
credit) on page 6 for details. If the election the taxpayer. Unless a taxpayer can show      that are derived from all business and 
is made, do not complete Part 1; instead,      otherwise, any property that is purchased,    investment interests held by the taxpayer 
complete Part 2.                               leased, or rehabilitated by a passthrough     during the tax year must be combined for 
                                               entity will be presumed to be used for        purposes of this limitation.
Five-year exemption period                     business purposes.
The exemption is allowed in each year of       Business use property. If the zone project    Specific line 
a five-year exemption period that begins       property is used for business purposes, 
                                                                                             instructions
on the date specified in the zone project      the amount of the exemption depends on 
approval letter. The five-year exemption       the location of the real property (owned      •  If the taxpayer directly owns or leases 
period is a period of sixty consecutive        or leased) by the business, the portion of     the zone project property, complete 
months. Once the 60-month exemption            the tax year the taxpayer is eligible for      lines 1 through 17 of Part 1.
period begins to run, it runs uninterrupted    the exemption, and whether or not the 
                                                                                                                                         3



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North Dakota Office of State Tax Commissioner                                             2021 Schedule RZ instructions

•  If the taxpayer owns an interest in       Line 8                                       If the corporation’s shareholders include 
  a passthrough entity, and Part 1 of        North Dakota business income                 both residents and nonresidents of 
  Schedule RZ is being completed             If the taxpayer qualified for the            North Dakota, calculate the amount 
  only to claim the taxpayer’s share         investment income exemption, do not          to enter on this line by combining the 
  of a business or investment income         enter any of the investment income on        amounts calculated for the shareholders 
  exemption amount shown on a North          this line—see line 16.                       as follows:
  Dakota Schedule K-1 received from the                                                   Full-year resident individual, estate, 
  passthrough entity, skip lines 1 through   If the taxpayer is claiming both the 
  17, and enter the exemption amount on      business income exemption under the          or trust—Include the shareholder’s 
  lines 18 and 19 of Part 1. Include a copy  Act and the new or expanding business        amount from Form 60, Schedule KS, 
  of the North Dakota Schedule K-1 with      income exemption under N.D.C.C.              Column 5.
  Schedule RZ. See “Passthrough entity       ch. 40‑57.1, see “Multiple income            Full-year nonresident individual, 
  owner” on page 2 of these instructions     exemptions” on page 2 before completing      estate, or trust—Include the 
  for more information.                      this line.                                   shareholder’s amount from Form 60, 
                                                                                          Schedule KS, Column 6.
                                             If the business incurred a net loss, enter 
Line 1                                       zero. Otherwise, enter a net income as       Part-year resident individual—
Enter the project number assigned to the     follows:                                     Include the sum of the shareholder’s 
zone project by the local zone authority, as                                              amounts attributable to the resident and 
                                             • Resident individual—For a resident 
shown on the final zone project approval                                                  nonresident portions of the tax year. To 
                                               individual filing North Dakota 
letter. If the taxpayer does not have a copy                                              calculate the amount for the resident 
                                               Form ND-1, enter the amount from 
of the final zone project approval letter,                                                portion of the tax year, multiply the 
                                               Federal Form 1040, Schedule C or 
contact the local zone authority to obtain                                                shareholder’s amount from Form 60, 
                                               Schedule C-EZ.
one. Attach a copy of the final zone                                                      Schedule KS, Column 5, by a ratio 
project approval letter to the North Nonresident or part-year resident          equal to the number of months the 
Dakota return.                                 individual—For a nonresident or            shareholder was a resident of North 
                                               part-year resident individual filing       Dakota divided by 12 months. To 
Line 3                                         North Dakota Form ND-1, enter the          calculate the amount for the nonresident 
Enter the street address of the zone project   amount from Schedule ND-1NR, line 3,       portion of the tax year, first multiply the 
property. Include the apartment, suite, or     Column B.                                  shareholder’s amount from Form 60, 
other unit number, if applicable. Do notC corporation—For a C corporation          Schedule KS, Column 5, by a ratio 
enter a post office box number.                filing North Dakota Form 40, enter         equal to the number of months the 
                                               the amount from Form 40, page 1,           shareholder was a nonresident of 
Line 4                                         line 6. However, if Schedule CR was        North Dakota divided by 12 months, 
If the taxpayer qualified for more than one    completed, enter the amount from           and then multiply this result by the 
zone project at the same street address,       Schedule CR, Part 1, line 6 of the         apportionment factor from Form 60, 
check the “Yes” box and enter the project      applicable column.                         Schedule FACT, line 14.
numbers for all of them on the line          • S corporation—For an S corporation       • Partnership—For a partnership filing 
provided on the schedule.                      filing North Dakota Form 60 that carries   North Dakota Form 58 that carries on 
                                               on 100 percent of its business in North    100 percent of its business in North 
Note: If the taxpayer has more than            Dakota, enter the amount from Form 60,     Dakota, enter the amount from Form 58, 
one zone project for which the taxpayer        Schedule KS, line 1.                       Schedule KP, line 1.
qualifies for the business or investment       Regardless of where the corporation        Regardless of where the partnership 
income exemption, complete a separate          carries on its business, if all of its     carries on its business, if all of its 
Schedule RZ, Part 1, for each project. Add     shareholders are full-year residents of    partners are individuals, estates, and 
the separately calculated amounts and          North Dakota, enter the amount from        trusts that are full-year residents of 
enter the total in Part 7, line 1, of one of   Form 60, Schedule KS, line 1.              North Dakota, enter the amount from 
the schedules.
                                               If the corporation carries on its          Form 58, Schedule KP, line 1.
Line 7                                         business both within and without North     If the partnership carries on its 
Enter the exemption period start date for      Dakota (and is required to complete        business both within and without North 
the zone project, as shown on the final        lines 1 through 14 of Schedule FACT,       Dakota (and is required to complete 
zone project approval letter. This date        Form 60), and all of the shareholders      lines 1 through 14 of Schedule FACT, 
establishes the beginning of the five-year     are full-year nonresidents of North        Form 58), and all of the partners are 
(60-month) exemption period that applies       Dakota, multiply the amount from           individuals, estates, and trusts that 
to the zone project. This date does not        Form 60, Schedule KS, line 1, by the       are full-year nonresidents of North 
change even if the property is transferred     apportionment factor from Form 60,         Dakota, multiply the amount from 
to another taxpayer. See “Five-year            Schedule FACT, line 14, and enter the      Form 58, Schedule KP, line 1, by the 
exemption period” on page 3 for more           result.                                    apportionment factor from Form 58, 
information.                                                                              Schedule FACT, line 14, and enter the 
4                                                                                         result.



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North Dakota Office of State Tax Commissioner                                                 2021 Schedule RZ instructions

  If the partnership’s partners include      Lines 9a through 9h                            Lines 14a through 14c
  different types of partners—resident       Zone apportionment factor                      Exemption period limitation 
  individual, nonresident individual,        (business income only)                         (business income only)
  corporation, etc.—calculate the amount     If all of the taxpayer’s business real         Full-year eligibility. If the taxpayer is 
  to enter on this line by combining the     property in North Dakota is located at the     eligible for the exemption for the entire 
  amounts calculated for the partners as     zone project location, skip lines 9a through   tax year, skip lines 14a and 14b, and enter 
  follows:                                   9g and enter “1.000000” on line 9h. Then       “1.000000” on line 14c. Then go to line 15. 
                                             go to line 10.
  Full-year resident individual, estate,                                                    This applies if all of the following apply:
  or trust—Include the partner’s amount      If only a portion of the taxpayer’s business   •  The taxpayer is eligible for the business 
  from Form 58, Schedule KP, Column 5.       real property in North Dakota is located         income exemption as of the beginning 
  Full-year nonresident individual,          at the zone project location, complete           of the tax year. See “Five-year 
  estate, trust—Include the partner’s        lines 9a through 9g to calculate the zone        exemption period” on page 3.
  amount from Form 58, Schedule KP,          apportionment factor to enter on line 9h.      •  The taxpayer used the zone project 
  Column 6.                                  The instructions for lines 9a through 9g are     property in the business for the entire 
                                             on page 11 of these instructions.                tax year.
  Part-year resident individual—
  Include the sum of the partner’s           Real property includes leaseholds, i.e., real  •  The 60-month exemption period did 
  amounts attributable to the resident       property that the taxpayer is leasing and        not expire during the tax year. This 
  and nonresident portions of the tax        using in the business.                           condition is satisfied if the 60th month 
  year. To calculate the amount for the      If the zone project consists of the lease of     of the exemption period falls in the last 
  resident portion of the tax year, multiply space in a building for business purposes,       month of the tax year or later.
  the partner’s amount from Form 58,         and the taxpayer had previously qualified                                The taxpayer is 
                                                                                            Partial year eligibility.
  Schedule KP, Column 5, by a ratio          for a zone project for leasing space in the    eligible for the business income exemption 
  equal to the number of months the          same building for use in the same business,    for only part of the tax year if any of the 
  partner was a resident of North Dakota     complete lines 9a through 9h. For purposes     following apply:
  divided by 12 months. To calculate the     of completing lines 9a through 9h, do not 
  amount for the nonresident portion of      include the previously leased space or         • The taxpayer became eligible for the 
  the tax year, first multiply the partner’s its contents in Column B (Zone project           business income exemption during the 
  amount from Form 58, Schedule KP,          property location).                              tax year in a month other than the first 
  Column 5, by a ratio equal to the                                                           month of the tax year. See “Five-year 
  number of months the partner was a         Lines 11a through 11c                            exemption period” on page 3.
  nonresident of North Dakota divided        Expansion limitation factor                    •  The taxpayer sold the zone project 
  by 12 months, and then multiply this       (business income only)                           property, terminated the lease on the 
  result by the apportionment factor from    If the primary purpose of the zone project       zone project property, or permanently 
  Form 58, Schedule FACT, line 14.           is the expansion of an existing building         withdrew the zone project property 
                                             that the taxpayer owned and used for             from use in the business during the tax 
  Corporation partner—If a partner is a      business purposes prior to applying for the      year.
  corporation, contact the Office of State   zone project, complete lines 11a through       •  The maximum 60-month exemption 
  Tax Commissioner, Corporation Income       11c. For this purpose, an “expansion”            period allowed for the zone project 
  Tax Section, for information on how to     means adding physical square footage to          property expired during the tax year, 
  determine the amount to include.           an existing building to increase the amount      and the 60th month is a month other 
• Fiduciary—For a fiduciary filing           of usable space within the building.             than the last month of the tax year.
  North Dakota Form 38 that operates a       Generally, the type of qualifying              If any of the above conditions apply, 
  business as a sole proprietorship, enter   transaction which may involve an               complete lines 14a through 14c to calculate 
  the net income from Schedule C or          expansion is a purchase with major             an exemption period eligibility factor. 
  Schedule C-EZ (Form 1040) attached to      improvements (see line 5, item b) or a         Enter on line 14a the smaller of the 
  Federal Form 1041.                         qualified rehabilitation (see line 5, item d). following:
  Note: For a nonresident estate or trust,   If the primary purpose of the zone project 
                                                                                            •  Number of months the taxpayer was 
  enter only that portion of the net income  is to make improvements to, or rehabilitate, 
                                                                                              eligible for the exemption during the tax 
  from Schedule C or Schedule C-EZ           the existing building, and any expansion of 
                                                                                              year.
  (Form 1040) that is attributable to        the existing building is only incidental to 
  North Dakota.                              the larger project, the zone project will not  •  Number of months the taxpayer owned 
                                             be considered an expansion for purposes of       or leased the zone project property 
                                             this limitation. In this case, skip lines 11a    during the tax year. If the taxpayer 
                                             and 11b, and enter “1.000000” on line 11c.       acquired the zone project property 
                                             Then go to line 12.                              during the tax year, include the month

                                                                                                                                        5



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North Dakota Office of State Tax Commissioner                                                           2021 Schedule RZ instructions

  of acquisition. If the taxpayer disposed     If the primary purpose of the zone project          •  The underlying purpose of the zone 
 of the zone project property during           is to make improvements to, or rehabilitate,         project is to purchase, expand, or make 
 the tax year, exclude the month of            the existing building, and any expansion of          leasehold improvements to the business.
 disposition.                                  the existing building is only incidental to         •  The zone project is located in a 
•  Number of months the zone project           the larger project, the zone project will not        renaissance zone city with a population 
 property was used in the business             be considered an expansion for purposes of           of no more than 2,500.
 during the tax year. If the taxpayer put      this limitation.
                                                                                                   •  The zone project’s cost is over $75,000.
 the zone project property into use in the     If the expansion project limitation applies,        •  The individual elects to claim the 
 business during the tax year, include         complete the following worksheet to                  business purchase or expansion credit in 
 the month in which the zone project           calculate the amount to enter on this line:          lieu of the business income exemption 
 property was first put into use in the 
 business. If the taxpayer removed the         1.  Total eligible                                   (in Part 1 of Schedule RZ).
 zone project property from use in the           investment income ..........1__________           Making the election. To make the 
 business during the tax year, exclude         2.  Square footage added                            election, complete Part 2 of Schedule RZ 
 the month in which the zone project             by project .........................2__________   and attach Schedule RZ to Form ND-1. 
 property was permanently removed                                                                  Do not complete Part 1. For the election to 
 from use in the business.                     3.  Total square footage                            be valid, Form ND-1 must be filed on or 
                                                 of building after                                 before its due date or extended due date. 
Line 16                                          expansion.........................3__________     The election is irrevocable and binding 
North Dakota investment income                                                                     over the zone project’s five-year exemption 
                                               4.  Divide line 2 by 
If the taxpayer qualified for the investment                                                       period.
                                                 line 3 ................................4__________
income exemption, enter the following on 
this line:                                     5.  Investment income
                                                                                                   Amount of tax credit
•  Rents, less related expenses, from the        exemption. Multiply                               The tax credit is equal to $2,000 per year 
 zone project property received during           line 1 by line 4.                                 over a five-year credit period—see “Five-
 the months the taxpayer was eligible for        Enter this amount on                              year credit period” below. If the credit 
 the exemption during the tax year.              line 16 of Part 1 ...............5__________      exceeds the individual’s tax, the unused 
•  Taxable portion of a gain from the sale                                                         portion is not refundable and may not be 
 or exchange of the zone project property                                                          carried over and used on a subsequent tax 
 during the exemption period. In the                                                               year’s return.
  case of an installment sale contract,        Instructions 
 the taxpayer may exempt the taxable                                                               Five-year credit period
                                               for Part 2
 portion of the gain recognized in each                                                            The credit is allowed in each year of a 
 tax year over the life of the contract,                                                           five-year credit period that begins on the 
 even though the exemption period or           Business                                            same date the business income exemption 
 renaissance zone expires before all                                                               begins, as specified in the zone project 
 installments are received. However,           purchase or 
                                                                                                   approval letter. The five-year credit period 
 interest income derived from the              expansion tax                                       is a period of sixty consecutive months, 
 installment sale contract is not eligible                                                         consisting of five 12-month periods. A 
 for the exemption.                            credit                                              $2,000 credit is allowed in each 12-month 
Expansion project limitation. If the                                                               period. With respect to the individual’s tax 
primary purpose of the zone project is the     General instructions                                year, if the individual is not eligible for 
expansion of an existing building that the                                                         the credit for the entire tax year, a credit of 
taxpayer owned and used for investment         Who should complete                                 $166.67 ($2,000 divided by 12) is allowed 
purposes prior to applying for the zone        Complete Part 2 only if all of the following        for each month of eligibility during the tax 
project, the amount of the exemption is        conditions are met:                                 year.
limited. For this purpose, an “expansion”      •  The taxpayer is an individual                    Once the 60-month credit period begins 
means adding physical square footage to         (Form ND-1) filer with a zone project              to run with respect to the zone project 
an existing building to increase the amount     that qualified for the business income             property, it runs uninterrupted through the 
of usable space within the building.            exemption.                                         end of the 60-month credit period. The 
Generally, the type of qualifying              •  The zone project consists of a purchase,         credit is allowed over the entire 60-month 
transaction which may involve an                lease, or improvement of real property             credit period even if the renaissance 
expansion is a purchase with major              used in a business owned and operated              zone itself expires. If the property is 
improvements (see line 5, item b) or a          as a sole proprietorship by the                    permanently withdrawn from business use, 
qualified rehabilitation (see line 5, item d).  individual.                                        the individual is ineligible for the credit 
                                                                                                   starting on the first day of the month in 
                                                                                                   which the withdrawal occurs.

6



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North Dakota Office of State Tax Commissioner                                              2021 Schedule RZ instructions

Transfer of zone project property. The       Line 9                                        zone project property from use in the 
tax credit and its 60-month credit period    Credit period limitation                      business during the tax year, exclude 
attach to the zone project property. If                                                    the month in which the zone project 
                                             Full-year eligibility. If the taxpayer is 
the property is transferred to another                                                     property was permanently removed 
                                             eligible for the credit for the entire tax 
individual before the end of the 60-month                                                  from use in the business.
                                             year, enter “12” on line 9 and go to line 10. 
credit period, the individual transferring 
                                             The taxpayer is eligible for the credit for 
the property is ineligible for the credit 
                                             the entire tax year if all of the following 
starting with the month of disposition. 
                                             apply:
If the property is transferred to another                                                  Instructions 
qualifying individual before the end of      •  The taxpayer was eligible for the credit 
the 60-month credit period, the individual    as of the beginning of the tax year. See 
                                                                                           for Part 3
acquiring the property is eligible for the    “Five-year credit period” on page 6 for 
credit for the unexpired portion of the       more information.
                                                                                           Single-family
60-month credit period.                      •  The taxpayer used the zone project 
                                              property in the business for the entire      residence tax
                                              tax year.
Specific line 
                                             •  The 60-month credit period did not         credit
instructions                                  expire during the tax year. This applies 
Line 1                                        if the 60th month of the credit period 
                                                                                           General instructions
Fill in the circle on this line to indicate   falls in the last month of the tax year or 
eligibility for the credit in Part 2,         later.                                       Who should complete
Schedule RZ, and to irrevocably elect        Partial-year eligibility. The taxpayer is     Complete Part 3 if the incentive allowed 
to take the credit in lieu of the business   eligible for the credit for only part of the  for the zone project, as specified in the 
income exemption in Part 1, Schedule RZ.     tax year if any of the following apply:       zone project approval letter, is the single-
Line 2                                       •  The taxpayer became eligible for the       family residence tax credit. This credit 
Enter the project number assigned to the      credit during the tax year in a month        is only allowed to an individual on Form 
zone project by the local zone authority, as  other than the first month of the tax        ND-1.
shown on the final zone project approval      year. See “Five-year credit period” on 
letter. If the taxpayer does not have a copy  page 6 for more information.                 Five-year credit period
of the final zone project approval letter,   •  The taxpayer ceases to use the zone        The credit is allowed in each year of a 
contact the local zone authority to obtain    project property for business purposes       five-year credit period. The five-year credit 
one.                                          during the tax year.                         period is a period of sixty consecutive 
Attach a copy of the final zone project      •  The 60-month credit period expired         months, consisting of five 12-month 
approval letter to the North Dakota           during the tax year, and the 60th month      periods. The $10,000 credit is allowed 
return.                                       is not the last month of the tax year.       in each of the five 12-month periods. If 
                                                                                           the individual is not eligible for the tax 
Line 4                                       If any of the above conditions apply, enter   credit for the entire tax year, a credit 
Enter the street address of the zone project on line 9 the smaller of the following:       equal to $833.33 ($10,000 divided by 12) 
property. Include the suite or unit number,  •  Number of months the taxpayer was          is allowed for each month of eligibility 
if applicable. Do not enter a post office     eligible for the credit during the tax       during the tax year.
box number.                                   year.                                        Once the 60-month credit period begins to 
                                             •  Number of months the taxpayer owned        run, it runs uninterrupted through the end 
Line 5                                        or leased the zone project property          of the 60-month credit period. The credit 
If the taxpayer qualified for more than one   during the tax year. If the taxpayer         is allowed over the entire 60-month credit 
zone project at the same street address,      acquired the zone project property           period even if the renaissance zone itself 
check the “Yes” box and enter the project     during the tax year, include the month       expires before the end of the 60-month 
numbers for all of them on the line           of acquisition. If the taxpayer disposed     credit period.
provided on the schedule.                     of the zone project property during 
                                              the tax year, exclude the month of           Transfer of zone project property. The 
Line 8                                        disposition.                                 tax credit and its five-year credit period 
Enter the five-year exemption period                                                       attach to the single-family residence. If the 
                                             •  Number of months the zone project 
start date for the zone project, as shown                                                  residence is transferred to another taxpayer 
                                              property was used in the business 
on the final zone project approval letter.                                                 before the five-year credit period expires, 
                                              during the tax year. If the taxpayer put 
This date establishes the beginning of the                                                 the tax credit and the unused portion of 
                                              the zone project property into use in the 
five-year credit period that applies to the                                                the five-year credit period transfer with the 
                                              business during the tax year, include 
zone project property. This date does not                                                  property. The individual who transfers the 
                                              the month in which the zone project 
change even if the property is transferred                                                 residence is ineligible for the tax credit 
                                              property was first put into use in the 
to another taxpayer. See “Five-year credit 
                                              business. If the taxpayer removed the 
period” on page 6 for more information.
                                                                                                                                       7



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North Dakota Office of State Tax Commissioner                                                2021 Schedule RZ instructions

starting with the month of disposition.       Line 10
If the residence is transferred to another    Credit period limitation
                                                                                            Instructions for
individual who also qualifies for the tax     Full-year eligibility. If the taxpayer is 
credit with respect to the residence, the     eligible for the tax credit for the entire    Part 4
individual acquiring the property is eligible tax year, enter “12” on line 10 and go to 
for the tax credit for the unexpired portion  line 11. The taxpayer is eligible for the 
                                                                                            Historic property
of the five-year credit period starting with  credit for the entire tax year if all of the 
the month of acquisition.                     following apply:                              preservation or 
Change in primary place of residence.         •  The taxpayer was eligible for the credit 
If an individual who qualifies for the tax     as of the beginning of the tax year. See     renovation tax 
credit with respect to a single-family         “Five-year credit period” on page 7.
                                                                                            credit
residence ceases to use it as the primary     •  The taxpayer used the zone project 
place of residence, i.e., as the legal         property as his or her primary place of 
residence, during the five-year credit         residence for the entire tax year.           General instructions
period, the individual is ineligible for the 
                                              •  The 60-month credit period did not 
tax credit starting with the first day of the                                               Who should complete
                                               expire during the tax year. This applies 
month in which the change occurs.                                                           Complete Part 4 if the incentive allowed 
                                               if the 60th month of the credit period       for the zone project, as specified in the 
                                               falls in the last month of the tax year or   zone project approval letter, is the historic 
Specific line                                  later.                                       property preservation or renovation tax 
instructions                                  Partial-year eligibility. The taxpayer is     credit.
                                              eligible for the credit for only part of the 
Line 1                                                                                      This credit may be claimed on the 
                                              tax year if any of the following apply:
Enter the project number assigned to the                                                    following forms:
zone project by the local zone authority, as  •  The taxpayer became eligible for the 
shown on the final zone project approval       credit during the tax year in a month        In the case
letter. If the taxpayer does not have a copy   other than the first month of the tax        of a(n):               Form
of the final zone project approval letter,     year. See “Five-year credit period” on       Individual             ND-1
contact the local zone authority to obtain     page 7.                                      Estate or trust        38
                                                                                            C corporation          40
one. Attach a copy of the final zone          •  The taxpayer sold or otherwise disposed 
project approval letter to the North           of the residence during the tax year.        If the taxpayer is a passthrough entity, see 
Dakota return.                                •  The taxpayer established another           “Passthrough entity” on page 1.
Line 3                                         residence as his or her primary place of 
                                               residence during the tax year.               When to claim credit
Enter the street address of the zone project 
property. Do not enter a post office box      •  The 60-month credit period expired         The first year the tax credit must be 
number.                                        during the tax year, and the 60th month      claimed is the tax year in which the 
                                               is not the last month of the tax year.       preservation or renovation work is 
Line 4                                                                                      completed, as specified in the final zone 
If the taxpayer qualified for more than one   If any of the above conditions apply, enter   project approval letter. If the entire credit 
zone project at the same street address,      on line 10 the smaller of the following:      cannot be used in the tax year in which it 
check the “Yes” box and write the project                                                   is first claimed, the unused credit may be 
                                              •  Number of months the taxpayer is 
numbers for all of them on the line                                                         carried over for up to five tax years.
                                               eligible for the credit during the tax 
provided on the schedule.
                                               year.
Line 9                                        •  Number of months the taxpayer owned        Specific line 
Enter the five-year credit period start        and occupied the residence during the        instructions
date for the zone project, as shown on         tax year. If the taxpayer acquired the       •  If the taxpayer directly owns the zone 
the final zone project approval letter.        residence during the tax year, include        project property, complete lines 1 
This date establishes the beginning of the     the month in which the taxpayer took          through 11 of Part 4. 
five-year credit period that applies to the    title to the residence or first occupied it, 
                                                                                            •  If the taxpayer owns an interest in 
zone project property. This date does not      whichever occurs last. If the taxpayer 
                                                                                             a passthrough entity, and Part 4 of 
change even if the property is transferred     disposed of the residence during the tax 
                                                                                             Schedule RZ is being completed 
to another taxpayer. See “Five-year credit     year, exclude the month of disposition.
                                                                                             only to claim the taxpayer’s share 
                                              •
period” on page 7.                               Number of months the residence was          of the historic property preservation 
                                               used as the primary place of residence.       or renovation tax credit shown on a 
                                                                                             North Dakota Schedule K-1 received 

8



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North Dakota Office of State Tax Commissioner                                              2021 Schedule RZ instructions

from the passthrough entity, skip lines      Line 11                                      Disqualifying redemption
1 through 6c and complete lines 7            Carryforward to 2022                         The tax credit is disallowed and must be 
through 11 of Part 4. Include a copy of      If the total available tax credit on line 9  repaid to the state by a taxpayer if the 
the North Dakota Schedule K-1 with           exceeds the amount on line 10, enter on      taxpayer originally made the investment 
Schedule RZ. See “Passthrough entity         this line the portion of the excess that is  and redeems the investment within ten 
owner” on page 2 of these instructions       eligible for carryover to the 2022 tax year. years of making it. For this purpose, 
for more information.                        Except for passthrough entities, attach      “redeem” means that the taxpayer initiates 
Line 1                                       a statement showing how the amount           a transaction with the RFO in which the 
Enter the project number assigned to the     entered on this line was determined.         taxpayer receives cash or property in 
zone project by the local zone authority, as                                              return for the stock or other investment 
shown on the final zone project approval                                                  interest. A disqualifying redemption does 
letter. If the taxpayer does not have a copy                                              not occur if a taxpayer transfers part or all 
of the final zone project approval letter,   Instructions                                 of an investment interest to a third party, 
contact the local zone authority to obtain                                                nor does it occur if the RFO initiates the 
one. Attach a copy of the final zone         for Part 5                                   transaction.
project approval letter to the North                                                      If there is a disqualifying redemption, the 
Dakota return.                               Renaissance                                  RFO must complete another North Dakota 
                                                                                          Renaissance Fund Organization Investment 
Line 3
                                             fund                                         Reporting Form and submit it to the Office 
Enter the street address of the project 
                                                                                          of State Tax Commissioner. A copy of 
property. Include the apartment, suite, or   organization                                 the completed form must be given to the 
other unit number, if applicable. Do not 
                                                                                          taxpayer.
enter a post office box number.              investment tax 
                                                                                          Repayment of disallowed credit. A credit 
Line 4
                                             credit                                       disallowed as the result of a disqualifying 
If the taxpayer qualified for more than one 
                                                                                          redemption must be repaid to the state. The 
zone project at the same street address, 
check the “Yes” box and write the project    General instructions                         repayment must be made with the North 
                                                                                          Dakota income tax return filed for the tax 
numbers for all of them on the line 
                                             Who should complete                          year in which the redemption occurred. 
provided on the schedule.
                                             Complete Part 5 if the taxpayer made a       No penalty or interest applies to a timely 
Note: If the taxpayer has more than          qualifying investment in a renaissance       repayment of the disallowed credit. Do not 
one zone project for which the taxpayer      fund organization (RFO), as evidenced        file an amended return or use Schedule RZ 
qualifies for the historic property          by receipt of a North Dakota Renaissance     to report the redemption.
preservation or renovation tax credit,       Fund Organization Investment Reporting       If a taxpayer makes a disqualifying 
complete a separate Schedule RZ              Form from the RFO.                           redemption, the taxpayer must contact 
for each project. Add the separately                                                      the Office of State Tax Commissioner 
                                             This credit may be claimed on the 
calculated amounts and enter the total in                                                 for instructions on how to report the 
                                             following forms—
Part 7, line 4, of one of the schedules.                                                  redemption on the North Dakota tax 
                                             In the case
Line 7                                                                                    return.
                                             of a(n):           Form
Enter a historic property preservation or 
                                             Individual         ND-1
renovation tax credit from a North Dakota                                                 Specific line 
                                             Estate or trust    38
Schedule K-1. See “Passthrough entity” 
                                             C corporation      40                        instructions
on page 1 for more information. Attach a 
copy of the North Dakota Schedule K-1.       If the taxpayer is a passthrough entity, see •  If the taxpayer made the investment, 
                                             “Passthrough entity” on page 1.               complete lines 1 through 8 of Part 5.
Line 10                                                                                      If the taxpayer owns an interest in 
                                                                                          •
Current year credit
Enter on this line the portion of the total  When to claim credit                          a passthrough entity, and Part 5 of 
available tax credit on line 9 that is being The first year the tax credit must be         Schedule RZ is being completed 
used to reduce the 2021 tax liability. If    claimed is the tax year in which the          only to claim the taxpayer’s share 
there is a tax credit carryforward from a    investment was made. The date of the          of the renaissance fund organization 
prior tax year on line 8, use the credits in investment is shown on the investment         investment tax credit shown on a 
the order that is most beneficial.           reporting form. If the entire credit cannot   North Dakota Schedule K-1 received 
                                             be used in the tax year in which it is first  from the passthrough entity, skip lines 
If the taxpayer is a passthrough entity,     claimed, the unused credit may be carried     1 through 3, and complete lines 4 
enter the total amount from line 9, and      over for up to five tax years.                through 8 of Part 5. Include a copy of 
skip line 11. Except for passthrough                                                       the North Dakota Schedule K-1 with 
entities, attach a statement showing                                                       Schedule RZ. See “Passthrough entity 
how the amount entered on this line was                                                    owner” on page 2 of these instructions 
determined.                                                                                for more information.
                                                                                                                                      9



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North Dakota Office of State Tax Commissioner                                                   2021 Schedule RZ instructions

Line 1                                                                                     through 5 and complete lines 6 through 
Enter the name of the renaissance zone city                                                10 of Part 6. Include a copy of the 
having the renaissance fund organization in  Instructions for                              North Dakota Schedule K-1 with 
which the taxpayer made the investment.                                                    Schedule RZ. See “Passthrough entity 
This city will be identified on the North    Part 6                                        owner” on page 2 of these instructions 
Dakota Renaissance Fund Organization                                                       for more information.
Investment Reporting Form received from      Nonparticipating
                                                                                           Line 1
the renaissance fund organization.
                                             property owner                                Enter the project number assigned to the 
Line 4                                                                                     zone project by the local zone authority, as 
Enter an RFO investment tax credit           credit                                        shown on the final zone project approval 
from a North Dakota Schedule K-1. See                                                      letter. If the taxpayer does not have a copy 
“Passthrough entity” on page 1 for more                                                    of the final zone project approval letter, 
information. Attach a copy of the North      General instructions                          contact the local zone authority to obtain 
Dakota Schedule K-1.                         Who should complete                           one. Attach a copy of the final zone 
Line 7                                       Complete Part 6 if the incentive allowed      project approval letter to the North 
Current year credit                          for the zone project, as specified in         Dakota return.
Enter on this line the portion of the total  the zone project approval letter, is the      Line 3
available tax credit on line 6 that is being nonparticipating property owner credit.       Enter the street address of the 
used to reduce the 2021 tax liability. If                                                  nonparticipating property owner’s project 
                                             This credit may be claimed on the 
there is a tax credit carryforward from a                                                  property. Include the apartment, suite, or 
                                             following forms:
prior tax year on line 5, use the credits in                                               other unit number, if applicable. Do not 
the order that is most beneficial.           In the case                                   enter a post office box number.
                                             of a(n):              Form
If the taxpayer is a passthrough entity,     Individual            Form ND-1               Line 4
enter the total amount from line 6, and      Estate or trust       38                      If the taxpayer qualified for more than one 
skip line 8. Except for passthrough          C corporation         40                      zone project at the same street address, 
entities, attach a statement showing                                                       check the “Yes” box and write the project 
how the amount entered on this line was      If the taxpayer is a passthrough entity, see  numbers for all of them on the line 
determined.                                  “Passthrough entity” on page 1.               provided on the schedule.
Line 8                                       When to claim credit                          Line 6
Carryforward to 2022                         The first year the tax credit must be         Enter a nonparticipating property owner 
If the total available tax credit on line 6  claimed is the tax year in which the related  credit from a North Dakota Schedule K-1. 
exceeds the amount on line 7, enter on       zone project is completed, as specified in    See “Passthrough entity” on page 1 for 
this line the portion of the excess that is  the final zone project approval letter issued more information. Attach a copy of the 
eligible for carryover to the 2022 tax year. to the nonparticipating property owner. If    North Dakota Schedule K-1.
Except for passthrough entites, attach       the entire credit cannot be used in the tax   Line 9
a statement showing how the amount           year in which it is first claimed, the unused Current year credit
entered on this line was determined.         credit may be carried over for up to five     Enter on this line the portion of the total 
                                             tax years.                                    available tax credit on line 8 that is being 
                                                                                           used to reduce the 2021 tax liability. If the 
                                             Specific line                                 taxpayer is a passthrough entity, enter the 
                                                                                           total amount from line 8, and skip line 10. 
                                             instructions                                  Except for passthrough entities, attach 
                                             •  If the taxpayer directly owns the zone     a statement showing how the amount 
                                              project property, complete lines 1           entered on this line was determined.
                                              through 10 of Part 6.
                                                                                           Line 10
                                             •  If the taxpayer owns an interest in        Carryforward to 2022
                                              a passthrough entity, and Part 6 of          If the total available tax credit on line 8 
                                              Schedule RZ is being completed               exceeds the amount on line 9, enter on 
                                              only to claim the taxpayer’s share           this line the portion of the excess that is 
                                              of the nonparticipating property             eligible for carryover to the 2022 tax year. 
                                              owner tax credit shown on a North            Except for passthrough entities, attach 
                                              Dakota Schedule K-1 received from            a statement showing how the amount 
                                              the passthrough entity, skip lines 1         entered on this line was determined.

10



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North Dakota Office of State Tax Commissioner                                                    2021 Schedule RZ instructions

                                              Real and tangible personal property                to the zone project location. This 
                                              includes land, buildings, machinery, stocks        includes an automobile assigned to a 
Instructions                                  of goods, equipment, and other tangible            traveling employee who is assigned to 
                                              property. It does not include coin and             the zone project location.
for calculating                               currency.
the zone                                      Property used in the business. Property         Specific line 
                                              is used in the business if it is actually used, instructions
apportionment                                 available for use, or capable of being used 
                                              in the regular course of the business during    Lines 9a through 9e
factor                                                                                        In Column A (Total North Dakota 
                                              the tax period. This includes the following:
(for Part 1, lines 9a-9h)                                                                     property), enter on the applicable line the 
                                              •  Inventoriable goods in process.
                                                                                              average value of the business’s tangible 
                                              •  Property held as reserves or standby         assets that are owned and located in North 
General instructions                           facilities, or property held as a reserve      Dakota. In Column B (Zone project 
                                               source of materials.                           property only), enter the portion of the 
                                              •
These instructions explain how to calculate      Property under construction if actually      amount in Column A that is physically 
the zone apportionment factor for Part 1,      used in the regular course of the              located and used at the zone project 
lines 9a through 9h.                           business, but only to the extent of            location. See “Exception for certain rented 
                                               the value attributable to its use. In          property” under “Factor in general” for 
Factor in general                              the case of an improvement to an               treatment of tangible assets owned and 
The zone apportionment factor is a fraction    existing business that is approved             located in certain rented property.
composed of the following:                     as a zone project, personal property 
• Numerator (Column B)                         that is purchased for purposes of the          Determining the average value of owned 
  The numerator includes the average           improvement and becomes an integral            property. The average value of owned 
  value of the owned and rented                part of the business real property is          property must be determined by adding 
  properties that are used at the business’s   excluded from the zone factor until            the original cost (or other basis used 
  zone project location.                       completion of the improvement project.         for federal income tax purposes) of the 
                                                                                              property as properly reported on the books 
  Exception for certain rented property.      Property required to be included in the         of the business on the first and last days of 
  If the zone project consists of the rental  zone apportionment factor must remain           the tax year and dividing the sum by two. 
  of space in a building for business         in the zone apportionment factor until its 
  purposes, and the taxpayer had              permanent withdrawal is established by          Depreciation, amortization, and depletion 
  previously qualified for a zone project     an identifiable event, such as its sale or      must be disregarded. Include capital 
  for renting space in the same building      the lapse of an extended period of time         additions or improvements made during 
  for use in the same business, do not        (normally five years) during which the          the tax year in this calculation. Also note 
  include in the numerator the space          property is held for sale.                      the following:
  leased for the previous zone project and    Property used at zone project location.         •  Inventory of stock of goods must be 
  any owned or rented property located in     Property is included in the numerator              valued using the valuation method used 
  that space.                                 of the zone apportionment factor if it is          for federal income tax purposes.
• Denominator (Column A)                      physically located and used at the zone         •  Property acquired by gift or inheritance 
  The denominator includes the average        project location. Property in transit on           must be valued at its basis for 
  value of all owned and rented properties    the last day of the tax year and mobile            depreciation purposes under federal 
  used in the business in North Dakota.       or movable property is considered to               income tax law.
                                              be located and used at the zone project         •  Leasehold improvements are considered 
Determining average value of property.        location in the following situations:              property owned by the lessee regardless 
See the specific line instructions for 
lines 9a through 9g later in this section for •  The property is in transit between              of whether the lessee is entitled to 
how to determine the average value of the      separate physical locations of the same           remove the improvements or the 
property.                                      business and the property’s destination           improvements revert to the lessor when 
                                               is the zone project location.                     the lease expires. Value at the original 
Property includable in zone                   •  The property is in transit between a            cost of the improvements.
apportionment factor. The zone                 buyer and seller and, based on the             Monthly averaging exception. If the 
apportionment factor must include all          taxpayer’s regular accounting practices,       averaging method described above does 
North Dakota real and tangible personal        is included in the denominator of the          not properly reflect the average value of 
property owned and rented that is used         zone factor, and the property’s final          the property, the tax commissioner may 
in the regular course of the taxpayer’s        destination is the zone project location.      require or allow averaging on a monthly 
business during the tax period.
                                              •  The mobile or movable property, such         basis. This method will generally be 
                                               as construction equipment, trucks, or          applied in the following situations:
                                               leased electronic equipment, is assigned 

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North Dakota Office of State Tax Commissioner                                              2021 Schedule RZ instructions

•  There are substantial fluctuations in the Net annual rental rate. The net annual       •  Any amount payable for the use of real 
 values of the property during the tax       rental rate for an item of rented property    or tangible personal property, or any 
 year.                                       equals the annual rental rate paid less any   part thereof, whether designated as a 
•  The property is acquired after the        subrents received from subtenants. If the     fixed sum of money or as a percentage 
 beginning of the tax year.                  taxpayer received subrents, the following     of sales, profits, or otherwise.
                                             apply:
•  The property is disposed of before the                                                 •  Any amount payable as additional rent 
 end of the tax year.                        •  Do not deduct the subrents from the        or in lieu of rent, such as interest, taxes, 
                                             annual rental rate if they constitute         insurance, repairs or any other items 
 Example of monthly averaging                income earned in the regular course of        which are required to be paid by the 
 Assume the following property values        the business.                                 terms of the lease or other arrangement. 
 determined as of the end of each month:     •  If the subrents produce a negative or      This does not include an amount paid as 
  January                     $  2,000       clearly inaccurate value for any item         a service charge, such as for utilities or 
  February                     2,000         of rented property, another method            janitorial services. If a payment includes 
  March                        3,000         that properly reflects the value of the       both rent and other unsegregated 
  April                        3,500         rented property may be required by the        charges, the amount of rent must be 
  May                          4,500         tax commissioner or requested by the          determined by considering the relative 
  June                          10,000       taxpayer. For this purpose, the resulting     values of the rent and the other items.
  July                          15,000       value must not be less than an amount 
  August                        17,000       which bears the same ratio to the annual     Rent does not include incidental 
  September                     23,000       rental rate paid for the rented property     day-to-day expenses, such as hotel 
  October                       25,000       as the fair market value of that portion     accommodations or daily automobile 
  November                      13,000       of the rented property used by the           rentals.
  December                     2,000         taxpayer bears to the total fair market      Exception to net annual rental rate 
  Total                       $ 120,000      value of the rented property.                method. If the use of the net annual 
  The average value of the property          Annual rental rate. Generally, the annual    rental rate method produces a negative or 
 for the tax year is $10,000 ($120,000       rental rate means the amount paid as         clearly inaccurate value, or where rented 
 divided by 12).                             rent for the rented property for a twelve    property is used by the taxpayer at no 
                                             month period. If the property is rented      charge or rented at a nominal rate, the net 
Line 9f                                      for a term of less than twelve months, the   annual rental rate for the property must be 
Rented property                              annual rental rate equals the rent paid for  determined on the basis of a reasonable 
For rented property, enter in Column A       the actual rental term during the tax year.  market rental rate for the property.
(Total North Dakota property) the amount     If property is rented for a term of twelve 
determined by multiplying the net annual     or more months and the current tax year 
rental rate by eight. In Column B (Zone      covers a period of less than twelve months 
project property only), enter the portion of because of a reorganization or change of 
the amount in Column A that is attributable  accounting period, etc., the rent paid for 
to the rented property physically located    the short tax year must be annualized.
and used at the zone project location. See   Rent. Rent means the actual sum of money 
“Exception for certain rented property”      or other consideration payable, directly 
under “Factor in general.”                   or indirectly, by the taxpayer or for the 
Note: Leasehold improvements are             taxpayer’s benefit for the use of the rented 
considered property owned by the lessee      property, including the following:
regardless of whether the lessee is entitled 
to remove the improvements or the 
improvements revert to the lessor when 
the lease expires. See the instructions to 
lines 9a through 9e.

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