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Level 1
April 1, 2023
Solved

Mineral Right Royalties

I live in Montana and inherited mineral rights in North Dakota.  Each year I receive a 1099-MISC with royalties listed in box 4 and state tax witholding in box 16 (paid to ND).  The Royalty income is less than $500 annually and the state taxes paid are less than $10.  The last couple of years, I have filed a ND non-resident tax form which results in a refund of $5 each year.  This seems silly to have to file a non-resident form in North Dakota only to receive a $5 refund on the overpayment of the state taxes.  I understand filing if taxes were due, but that is not the case each year with the small refund.  Do I need to bite the bullet and continue to file each year?  Any help is appreciated!  Thank you!  

    KrisD15
    KrisD15Answer
    Alumni - Intuit
    April 1, 2023

    The state requirement is that you do file. 

     

    According to the State of North Dakota:

    A nonresident of North Dakota (which means you do not live here for more than 7 months) is required to file a North Dakota individual income tax return if: 1) you are required to file a federal return, AND 2) receive income from a source in North Dakota.

     

    These sources could include income from:

     

    • Property – rents, royalties, or gains from sales/exchanges
    • Gambling activities
    • Subchapter S Corporation – income other than wages
    • Sales of goods, personal, or professional services into North Dakota

    ND link

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    1 reply

    KrisD15
    KrisD15Answer
    Alumni - Intuit
    April 1, 2023

    The state requirement is that you do file. 

     

    According to the State of North Dakota:

    A nonresident of North Dakota (which means you do not live here for more than 7 months) is required to file a North Dakota individual income tax return if: 1) you are required to file a federal return, AND 2) receive income from a source in North Dakota.

     

    These sources could include income from:

     

    • Property – rents, royalties, or gains from sales/exchanges
    • Gambling activities
    • Subchapter S Corporation – income other than wages
    • Sales of goods, personal, or professional services into North Dakota

    ND link

    **Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"