Table of Contents General Information ................................................................................................. 2 General Instructions ................................................................................................ 3 Who Must File.......................................................................................................... 3 Electronic Filing Mandate ........................................................................................ 4 When to File ............................................................................................................ 4 Extension of Time to File ......................................................................................... 5 Identification ............................................................................................................ 7 Income ..................................................................................................................... 7 New Jersey Additions .............................................................................................. 8 New Jersey Subtractions ......................................................................................... 8 New Jersey Allocated Income ................................................................................. 9 Partners Directory.................................................................................................. 10 Partnership Filing Fee ........................................................................................... 12 Schedule A............................................................................................................. 13 Schedule NJK-1..................................................................................................... 13 Business Allocation Schedule................................................................................ 15 |
2 2022 NJ-1065 Partnership Return Instructions The New Jersey Gross Income Tax Act does not 15th day of each of the fourth, sixth, and ninth months of follow all federal income tax provisions for partner- the privilege period and on or before the 15th day of the ships. For New Jersey Gross Income Tax purposes, all first month after the close of the privilege period. items of income, expense, gain, or loss resulting from the activities of the partnership, regardless of the item’s Most entities classified as partnerships for federal in- character or category, must be included in the amount come tax purposes that have income or loss derived reported on the NJ-1065 as “Partnership Income” and from New Jersey sources and that have more than two then apportioned to each partner on Schedule NJK-1. owners must make a payment of a filing fee of $150 for Each partner will report its portion of the total partnership each owner up to a maximum of $250,000. The filing fee income as “distributive share of partnership income” is due on or before the 15th day of the fourth month after on its individual tax return. Nonresident partners that the close of each privilege period. An installment pay- have income or loss from New Jersey sources are also ment equal to 50% of the current year’s filing fee is also required to file a tax return to report their share of part- required at the same time. nership income. Nonresident partners will have to attach a copy of their Schedule NJK-1 to claim credit for the tax All choices affecting the calculation of income from a paid on their behalf. partnership are made by the partnership, not each part- ner. This includes the choice of recognized methods of The partnership income information required to be re- accounting, methods of calculating depreciation, capital- ported on this form is needed to: (1) adjust certain items ization of organizational fees, and the use of the install- of federal income to conform to the New Jersey Gross ment sale provisions. It also includes the classification Income Tax Act, and (2) separate income derived from of income and the allocation of income to New Jersey. New Jersey sources from amounts derived from all All partnership elections are equally applicable to all sources. These adjustments and allocations provide the partners. basis for the reporting of partnership income by both New Jersey resident partners and nonresident partners. GIT and CBT Partnership Returns The amounts reported by the partnership on federal The Division has two partnership tax returns: Forms Schedule K may require adjustments to ensure that all NJ-1065 and NJ-CBT-1065. The Gross Income Tax income, expense, gain, or loss is ultimately reported by Act (GIT) at N.J.S.A. 54A:8-6 requires entities classi- the partners as distributive share of partnership income fied as a partnership for federal income tax purposes on the New Jersey Income Tax return. For example, in- having a resident owner or income derived from New terest, dividends, rents, gains, or losses earned are to be Jersey sources to file a Gross Income Tax return, Form combined with federal ordinary income (loss) to arrive at NJ-1065. Partnerships with more than two owners and New Jersey partnership income (loss). income or loss from New Jersey sources may also be subject to a filing fee. The fee is calculated and reported If the partnership has operations outside New Jersey, on the NJ-1065. all income, gain, or loss derived from sources other than real property must be allocated according to the The Corporation Business Tax Act (CBT) at N.J.S.A. business allocation percentage as determined by the 54:10A-15.11 imposes a tax on certain partnerships that Business Allocation Schedule (NJ-NR-A) unless per- have nonresident owners. Partnerships subject to the mission has been granted to use a substitute method CBT must file the NJ-CBT-1065. The separate forms of allocation. Income, gain, or loss attributable to real help distinguish the differences that exist between the property that is physically located in New Jersey must be Gross Income Tax and Corporation Business Tax Acts. allocated entirely to this State. If the partnership is not a qualified investment partnership, an investment club, or The filing fee is reported directly on the NJ-1065. The is not listed on a United States national stock exchange, GIT filing fee is remitted with the Partnership Payment but it has a nonresident noncorporate or a nonresident Voucher (NJ-1065-V). If the entity is also required to corporate partner and it has operations outside New Jer- calculate and report Corporation Business Tax, the entity sey, it must also complete Schedule J, Corporation Allo- must complete and file the NJ-CBT-1065. If the entity cation Schedule, and file it with the NJ-1065 partnership has a CBT balance due, it is remitted with the Corpo- return and pay any applicable tax due. Schedule J is not ration Business Tax–Partnership Payment Voucher required for a partnership that meets hedge fund status if (NJ-CBT-V). its only nonresident partners are individuals, estates, or Partnerships that are members of an entity electing to trusts. pay the Pass-Through Business Alternative Income Tax Partnerships that are subject to tax payments must make can choose where to apply the credit for their share of installment payments of 25% of that tax on or before the the tax. |
3 • Partnership filing fee on the NJ-1065 Hedge Fund Status is met for New Jersey tax purposes • Nonresident partners tax on the NJ-CBT-1065 if the investment entity’s only activity is the purchase, holding, or sale of intangible personal property, such as • Allocated to the partners on the Partners Directory on commodities or securities, and such intangible personal Form NJ-1065 if all partners are individuals, estates, property is not held for sale to customers as defined at or trusts N.J.S.A. 54A:5-8c. A partnership that qualifies for hedge • Pass-Through Business Alternative Income Tax on the fund status in one year may not meet the requirements every year. The entity must evaluate its situation on a PTE-100 if they elect to pay the Pass-Through Busi- yearly basis. The entity, not the partner, must make the ness Alternative Income Tax determination. General Instructions Investment Clubs are usually small groups of individ- uals who pool their money to invest in stock or other Definitions securities. The group usually operates informally with Partnership, for tax purposes, means and includes a members pledging to pay a regular amount into the club syndicate, group, pool, joint venture, and any other un- monthly. Some clubs have a committee that gathers incorporated organization through or by means of which information on securities, selects the most promising se- any business, financial operation, or venture is carried curities, and recommends that the clubs invest in them. on and that is not a corporation, trust, or estate within Most clubs require all members to vote for or against all the meaning of the New Jersey Gross Income Tax Act. investments, sales, trades, and the other transactions. Only entities that qualify for and elect to be treated as a partnership for federal tax purposes (for example, limited Investment clubs recognize as their main source of in- liability companies and limited liability partnerships) are come interest, dividends, and gains on disposition of treated as partnerships under the New Jersey Gross In- their stock and securities and usually meet hedge fund come Tax Act. status. Investment clubs generally are not considered a business. An investment club is required to file Form “Tiered” Partnerships are arrangements in which one NJ-1065 but is not entitled to deduct any expenses partnership, the upper-tier or “parent” partnership, is a (unless it rises to the level of being in business). The member of, or holds an ownership interest in, another member or partner of the investment club will report their partnership (called the lower-tier or “subsidiary” partner- share of the investment club’s income or loss as distribu- ship). Tiered partnerships must complete Schedule A, tive share of partnership income. NJ-1065 before completing lines 1 through 11 on the front of the NJ-1065. If an investment club meets the following criteria, it will be exempt from the $150 per owner annual partnership Partner means any owner of a partnership interest. filing fee and from the requirement that a partnership Nonresident Noncorporate Partner means an individ- make payments on behalf of its nonresident owners. The ual, an estate, or a trust subject to taxation pursuant to investment club must be an entity that is classified as a the “New Jersey Gross Income Tax Act” that is not a resi- partnership for federal income tax purposes, all of the dent taxpayer or a resident estate or trust under that Act. owners are individuals, and all of the assets are securi- ties, cash, or cash equivalents. The market value of the Nonresident Corporate Partner means a partner that is total assets do not exceed, as measured on the last day not an individual, an estate, or a trust subject to taxation of its privilege period, an amount equal to the lesser of pursuant to the New Jersey Gross Income Tax Act, that $384,900 or $53,900 per owner of the entity. The invest- is not a corporation exempt from tax pursuant to N.J.S.A. ment club is not required to register itself or its member- 54:10A-3, and that does not maintain a regular place of ship interests with the federal Securities and Exchange business in this State other than a statutory office. Commission. Qualified Investment Partnership means a partner- Who Must File ship that has more than 10 members or partners with Every partnership that has income or loss derived from no member or partner owning more than a 50% interest sources in the State of New Jersey, or has any type of in the entity and that derives at least 90% of its gross New Jersey resident partner, must file Form NJ-1065. A income from dividends, interest, payments with respect partnership must file even if its principal place of busi- to securities, loans, and gains from the sale or other dis- ness is outside the State of New Jersey. The NJ-1065 is position of stocks or securities or foreign currencies or not solely an information return. A filing fee and tax may commodities or other similar income (including but not be imposed on the partnership. Partners subject to the limited to gains from swaps, options, futures, or forward Gross Income Tax must report and pay tax on their share contracts) derived with respect to its business of invest- of partnership income or loss. ing or trading in those stocks, securities, currencies, or commodities, but “investment partnership” does not include a “dealer in securities” within the meaning of sec- tion 1236 of the federal Internal Revenue Code of 1986. |
4 How to File • Schedule L, Complete Liquidation, if applicable; Electronic Filing Mandate Partnerships subject to the provisions of the Corpora- • All Schedule NJK-1s received if the partnership is a tion Business Tax Act (that is partnerships that remit tax partner of another partnership; based on any nonresident corporate and nonresident • All Schedule PTE-K-1s received if the partnership is noncorporate partner’s allocable share of NJ partner- a member of an entity that elected to pay the Pass- ship income) that utilize the services of a paid preparer Through Busines Alternative Income Tax. must file all their returns completed by that practitioner by electronic means. Payments of the partnership lia- Form NJ-CBT-1065 must be completed if the entity cal- bilities along with the submission of payment-related culated a tax due on its nonresident partner(s). returns (PART-200-T and CBT-206) must also be made electronically either by the partnership or by a paid tax The Division may require that the complete federal practitioner. Form 1065, including all schedules and supporting at- tachments, and any other documentation or information In addition, partnerships with 10 or more partners must deemed necessary be submitted during the course of an file all returns electronically regardless of whether or not audit. they utilize the services of a paid tax preparer. To obtain the electronic filing and payment formats or to obtain If at any time during the course of an audit the Division additional information on electronic filing and payment deems it necessary, the partnership must make the options, visit the New Jersey Division of Revenue and NJ-1065E available for all applicable partners. Enterprise Services’ website at nj.gov/treasury/revenue/ partnerships.shtml or email the Division of Revenue and When to File Enterprise Services at e-GovServices@treas.nj.gov. Returns for Calendar Year 2022 are due April 18, 2023. Fiscal year returns are due the 15th day of the fourth NJ-1065 filers that do not use the services of a paid tax month after the end of the tax year. preparer and who have less than 10 partners have the option to file by electronic means or on paper. Any short period return must be filed by the due date of the federal Form 1065. The partnership should use the What to File most current form available from the Division of Taxation. The following forms and statements must be included with the NJ-1065: Postmark Date. All New Jersey Income Tax returns • Schedule NJK-1 for every partner; postmarked on or before the due date of the return are considered to be filed on time. Returns postmarked after • Pages 1 through 5 of the federal Form 1065, federal the due date are deemed to be late. The filing date for a Form 8825, federal Schedule D, and any federal ex- late return is the day the return is received by the Divi- tension request forms filed; sion, not the postmark date. • Schedule NJ-NR-A if any of the following conditions apply: (1) the partnership is doing business both in- Where to File side and outside New Jersey, or (2) 100% of the part- If you are not required to file electronically (see Elec- nership’s business is carried on outside New Jersey; tronic Filing Mandate above) and choose to file on paper, use the addresses below. • Schedule J, Corporation Allocation Schedule, for tax remittance purposes if the partnership is not a quali- Mail your completed NJ-1065 to: fied investment partnership, investment club, or is not NJ Division of Taxation – Revenue Processing Center listed on a United States national stock exchange, PO Box 194 but has a nonresident noncorporate partner or a non- Trenton NJ 08646-0194 resident corporate partner. Schedule J is not required for a partnership that meets hedge fund status if its Mail your completed PART-200-T to: only nonresident partners are individuals, estates, or NJ Division of Taxation – Revenue Processing Center trusts; Extension of Time to File NJ-1065 • Schedule J, Corporation Allocation Schedule, is re- PO Box 642 Trenton NJ 08646 quired if the partnership includes nonresident partners who do not have physical nexus to New Jersey and Mail your completed NJ-1065-V to: the partnership wants to allocate the filing fee; NJ Division of Taxation – Revenue Processing Center • Worksheet GIT-DEP, Gross Income Tax Depreciation Filing Fee on Partnerships Adjustment Worksheet, if applicable; PO Box 642 Trenton NJ 08646 • Schedule B, Sheltered Workshop Tax Credit, if applicable; Note: Do not attach the NJ-1065-V to or mail with your NJ-1065. |
5 Extension of Time to File year for New Jersey Income Tax purposes must be the If a five-month extension is obtained for filing federal same as its tax year for federal income tax purposes. Form 1065, then an automatic five-month extension is granted for submitting your NJ-1065. A copy of your ap- Passive Loss Limitations plication for federal extension, federal Form 7004, must Passive loss limitations do not apply for New Jersey be filed with your New Jersey return. Check the box Gross Income Tax purposes. The full amount of current labeled “Application for federal extension is attached” on loss may be used to offset income or gain, regardless of the front of your NJ-1065. If you did not obtain a federal federal passive loss limitations. extension and you need more time to file your New Jer- sey NJ-1065, federal Form 7004 must be submitted as Determining Gain or Loss on the Sale or your request to New Jersey on or before the original due date of the return. Disposition of Partnership Assets, Koch Effect In addition, any partnership that has a filing fee due must The partnership in determining gain or loss for New Jer- file PART-200-T, Partnership Application for Extension of sey purposes on the sale or disposition of partnership Time to File NJ-1065. The applicable payment must ac- asset(s) must use the same basis in the asset(s) as company this form. PART-200-T must be postmarked on used for federal tax purposes. The New Jersey Supreme or before the original due date of the return. See specific Court’s decision in Sidney & Dorothy Koch v. Director, instructions found on back of PART-200-T. Division of Taxation does not apply to the sale, disposi- tion, or liquidation of assets by a partnership. There is no extension of time to pay the fee due. Penal- ties and interest are imposed whenever the fee is paid Gains or losses incurred by a partnership are passed after the original due date. through to the partners to be reflected on their respec- tive New Jersey tax returns. Partners who are taxpayers A five-month extension of time to file your NJ-1065 may subject to New Jersey Gross Income Tax will generally be granted if at least 80% of the total fee reported on report this gain or loss as a component of their “Distribu- your NJ-1065 when filed is paid in the form of an install- tive share of partnership income” unless the partnership ment payment or other payment made by the original had a complete liquidation. due date. Resident taxpayers that sell or dispose of a partnership An extension of time to file the NJ-1065 does not interest may be entitled to a Koch-type adjustment to extend the time for filing the tax returns of the their federal basis in the partnership when determining partners. New Jersey gain or loss. The gain or loss on the sale or disposal of the partnership interest will then be re- Time Limits for Assessing Additional Filing flected on the taxpayer’s New Jersey return in the cat- egory of income “Net gains or income from disposition Fees Partnerships that are required to file an NJ-1065 may be of property.” The sale or disposition of a partnership subject to owing a filing fee. Filing fees are subject to the interest is the only time a partner that is a taxpayer for provisions of the Gross Income Tax Act. The Gross In- Gross Income Tax purposes can make Koch-type basis come Tax Act has a three-year statute of limitations (time adjustments. allowed by law) for the Division of Taxation to send a bill. The Division generally has three years from the date Forms and Assistance To get New Jersey tax forms: the entity filed its partnership return or the original due date of the return, whichever is later, to send the entity • Visit our website at: a bill for additional filing fees. There is no time limit if the nj.gov/taxation entity did not file a partnership return, or if the entity filed • Write to: a false or fraudulent return with the intent to evade tax. NJ Division of Taxation The time limit may be extended in certain circumstances. Taxpayer Form Services PO Box 269 Accounting Method Trenton NJ 08695-0269 A partnership’s accounting method(s) used for the NJ-1065 must be the same as the accounting meth- Assistance from a Division representative is available ods(s) used for federal Form 1065. by contacting the Division’s Customer Service Center at (609) 292-6400. Accounting Periods The 2022 NJ-1065 should be used for Calendar Year Electronic Filing Assistance 2022, or for a fiscal year that began in 2022. If filing for For electronic filing assistance: a fiscal year or a short tax year, enter at the top of the NJ-1065 the month and day the tax year began, and the • Call the Division of Revenue and Enterprise Services’ month, day, and year that it ended. The partnership’s tax Call Center at (609) 292-9292 |
6 • Download the needed formats from the New Jersey when a return is filed after the due date or extended Division of Revenue and Enterprise Services’ website due date will be imposed. A penalty of $100 for each at: nj.gov/treasury/revenue month or part of a month the return is late may also be imposed. Amended Return or Federal Change An amended NJ-1065 must be filed if an amended Late Payment Penalty. 5% of the outstanding tax bal- federal Form 1065 is filed, or if the Internal Revenue ance may be imposed. Service changes or corrects any item of income, gain, Interest. 3% above the prime rate for every month or or loss previously reported. The amended New Jersey part of a month the tax is unpaid, compounded annually. return must be filed within 30 days of the date the At the end of each calendar year, any tax, penalties, amended federal Form 1065 is filed or, in the case of a and interest remaining due (unpaid) will become part of federal audit, within 90 days after the final determination the balance on which interest is charged. See Technical of the change. When an amendment to the NJ-1065 Bulletin TB-21(R) for current and previous years’ interest results in a need to amend the Schedules NJK-1, an rates. amended Schedule NJK-1 must be forwarded to the Division of Taxation and to each partner. Fraudulent Returns An amended NJ-1065 and an amended Schedule NJK-1 Any person who deliberately fails to file a return, files for each partner must also be filed to correct any error a fraudulent return, or attempts to evade the tax in any on or reflect any change to the original NJ-1065, whether way may be liable for a penalty up to $7,500 or imprison- or not an amended federal Form 1065 was filed for that ment for three to five years, or both. year. Rounding Off to Whole Dollars To amend your original NJ-1065, get a blank NJ-1065 Money items on the return and schedules can be shown for the tax year that is to be amended, and check the in whole dollars (eliminate amounts under 50 cents; en- “Amended Return” box on the front of the form. Com- ter amounts of 50 cents or more as the next higher dollar plete the form, entering the corrected information, and amount). attach an explanation of the changes. Entities sub- ject to the Electronic Filing Mandate as explained on Signatures page 4 under “How to File” are required to file their The NJ-1065 is not considered to be a return unless amended return electronically. Entities that are not sub- signed, either by a general partner, limited liability com- ject to the Electronic Filing Mandate have the option of pany member or, if applicable, a receiver, trustee in filing their amended partnership return electronically or bankruptcy, or assignee. mailing it to: NJ Division of Taxation Anyone who prepares a partnership return for a fee must Revenue Processing Center sign the return as a “Paid Preparer” and must enter their PO Box 194 Social Security number or federal practitioner tax identi- Trenton NJ 08646-0194 fication number. The company or corporation name and federal employer identification number must be included if applicable. The preparer required to sign the partner- Penalty and Interest Charges ship return must sign it by hand; signature stamps or la- A penalty of $100 for each month or part of a month bels are not acceptable. If someone prepares the return will be imposed for a partnership that is required to file at no charge, the paid preparer’s area does not need to electronically but fails to do so. In addition, a late filing be completed. A tax preparer who fails to sign the return penalty of 5% per month (or part of a month) up to a or provide a correct tax identification number may incur a maximum of 25% of the outstanding tax liability will also $25 penalty for each omission. be imposed. The Division may impose a penalty against the partner- Composite Return for Qualified Electing ship if the partnership is required to file an NJ-1065 and Nonresident Partners (1) fails to file the return on time, including any exten- A partnership that has New Jersey source income can sion, (2) files a return that fails to show all the informa- file a composite return (NJ-1080-C) on behalf of its qual- tion required, or (3) fails to file an amended partnership ified nonresident partners who elect to be included in return within 90 days of the date a final federal determi- the composite filing. Tax will be calculated at the highest nation or disallowance is issued or within 90 days of the rate, which is 10.75%, without regard to each partner’s date the amended federal Form 1065 is filed, unless the filing status, dependent exemptions, or any deductions. failure is due to reasonable cause and not due to willful Composite estimated tax payments can also be made. neglect. A partner cannot participate in the composite return if: Late Filing Penalty. 5% per month (or part of a month) up to a maximum of 25% of the outstanding tax liability • The partner is an estate or trust; |
7 • The partner is a partnership or corporation; • Permission has been granted for a substitute method • The partner files on a fiscal year basis; of allocation; • The partner is a New Jersey resident during any part • Complete Liquidation; of the year; • This is a Qualified Investment Partnership; • The partner derives income from New Jersey sources • This partnership is listed on a United States national other than the income from this or any other compos- stock exchange; ite return. • The partnership meets hedge fund status; Every participating partner must make the election to • This is an Investment Club that is exempt from the be part of the composite return in writing by filing an filing fee and the requirement that a partnership make NJ-1080E with the filing entity each year. The elections payments on behalf of its nonresident owners in ac- must be maintained in the partnership files. When filed, cordance with the criteria outlined under “General the composite return must include a list of the partners Instructions;” who are participating, as well as a list of those who have • A composite return is filed for nonresident partners; not elected, or are not qualified, to participate in the • During the period covered by the return, the partner- composite return. The list must include each partner’s ship acquired or disposed of, directly or indirectly, a name, address, and federal identification number. A controlling interest in certain commercial property. qualified electing nonresident participant cannot revoke Certain commercial property is identified as Class 4A an election to be included in the composite return or commercial property as defined in N.J.A.C. 18:12-2.2; make an election to be included in the composite return • This is a Tiered Partnership; after April 15 following the close of the tax year. • This is a General Partnership; If a composite return is filed, check the box labeled • This is a Limited Partnership; “Composite Return is filed for Nonresident Partners” on • This is a Limited Liability Company; or the front of the, NJ-1065. • This is a Limited Liability Partnership. Line-by-Line Instructions Federal Partnership Income (Lines 1–11) Note: Tiered partnerships must first complete Sched- Reporting Period ule A and partnerships that have had a complete liqui- If you are reporting for a period other than Calendar Year dation must complete Schedule L before completing the 2022, enter the beginning and ending dates of your fiscal front of the NJ-1065. year. Line 1 – Ordinary Income (Loss) From Trade or Partnership Name, Address, Identification Business Activities Enter the exact legal name, trade name, if any, and ad- Enter on line 1 the amount of ordinary income or loss de- dress of the partnership. The legal name is the name rived from the partnership’s trade or business activities. in which the business owns property or acquires debt. This will be the amount reported on line 1, Schedule K, Enter the trade name, registered alternate name, (d/b/a federal Form 1065. name) if different from the partnership’s legal name. Line 2 – Net Income (Loss) From Rental Real Estate Enter the partnership’s federal employer identification Activities number (FEIN), principal business activity, and date the Enter on line 2 the net income or loss from rental real es- business was started. tate activities (attach a copy of your federal Form 8825). This will be the amount reported on line 2, Schedule K, Enter the number of resident partners and the number of federal Form 1065. nonresident or foreign partners in the spaces provided. Each partner’s residency status must be determined as Line 3 – Net Income (Loss) From Other Rental of the close of the partnership’s tax year. Activities Enter on line 3 the net income or loss from other rental Check the appropriate boxes to indicate whether the re- activities. This will be the amount reported on line 3c, turn is a(n) Schedule K, federal Form 1065. • Initial return; • Final return; or Line 4 – Guaranteed Payments to Partners Enter on line 4 the amount of guaranteed payments to • Amended return. partners reported on line 4, Schedule K, federal Form 1065. Check the appropriate boxes to indicate if • An application for a federal extension is attached; Line 5 – Interest Income Enter on line 5 the amount of interest income reported on line 5, Schedule K, federal Form 1065. |
8 Line 6 – Dividend Income Line 13c – Total Additions Enter on line 6 the amount of dividend income reported Add lines 13a and 13b and enter the result. on line 6, Schedule K, federal Form 1065. Line 14 – Subtotal Line 7 – Royalty Income Add lines 12 and 13c and enter the result. Enter on line 7 the royalty income reported on line 7, Schedule K, federal Form 1065. New Jersey Subtractions Line 15a – Net Income (Loss) From Rental Real Line 8 – Net Gain (Loss) From Disposition of Estate Activities Property Enter on line 15a any income or loss that resulted from Enter on line 8 the total of the net short-term and long- rental real estate activities and is included in the amount term gains and/or losses reported on lines 8 and 9, reported on lines 1 or 2. Schedule K, federal Form 1065. Attach a copy of Sched- ule D, federal Form 1065. Line 15b – Net Gain (Loss) From Disposition of Real Property Line 9 – Net IRC Section 1231 Gain (Loss) Enter on line 15b any gain or loss that resulted from the Enter on line 9 the net IRC Section 1231 gain or loss re- sale, exchange, or disposition of real property and is in- ported on line 10, Schedule K, federal Form 1065. cluded in the amount reported on lines 1, 8, or 9. Line 10 – Other Income (Loss) Line 15c – Guaranteed Payments to Partners Enter on line 10 any other income or loss that is not in- Enter on line 15c the amount of guaranteed payments to cluded on lines 1 through 9 above. This will include the partners reported on line 4. amount reported on line 11, Schedule K, federal Form 1065. If any amount is reported on this line, you must at- Line 15d – Interest Income From Federal Obligations tach a schedule identifying the income or loss. Enter on line 15d any interest from federal obligations that is excludable from New Jersey gross income and is Line 11 – Tax-Exempt Interest Income included in the amount reported on lines 5 or 6. Enter on line 11 the amount of tax-exempt interest in- come reported on line 18a, Schedule K, federal Form Line 15e – Interest Income From New Jersey 1065. Obligations Enter on line 15e the amount of interest income from Line 12 – Subtotal New Jersey obligations that is excludable from New Jer- Add lines 1 through 11 and enter the result. sey gross income and is included in the amount reported on lines 6 or 11. New Jersey Additions Line 13a – Taxes Based on Income Note: For lines 15d and 15e, amounts excludable from Enter on line 13a the amount of taxes based on income income include interest and dividends on obligations that were deducted to determine ordinary income (loss) of the State of New Jersey or any of its political subdi- on line 1. visions and from tax-exempt obligations of the United States government, its territories, or instrumentalities. Line 13b – Other Additions – Specify Distributions from New Jersey qualified investment funds Enter on line 13b any other items deducted from or not are also exempt, as are distributions from other invest- included on lines 1 through 11 that are not excludable ment funds, but only to the extent the distribution is de- under the New Jersey Gross Income Tax Act. rived from obligations of the type described at N.J.S.A. 54A:6-14, et seq. If an asset has been placed in service since January 1, 2004, refer to Worksheet GIT-DEP. This worksheet is Line 15f – IRC Section 179 Expense available on the Division’s website. Include any net addi- Enter on line 15f the IRC Section 179 expense tion adjustment from Worksheet GIT-DEP, if applicable, deduction. if federal income included deduction of federal special depreciation allowance or IRC Section 179 expense; Line 15g – Other Subtractions – Specify federal Section 179 recapture income; or a gain or loss Enter on line 15g any other items that are excludable on disposition of such asset. or deductible from the income included in the subtotal reported on line 12 for New Jersey Gross Income Tax Specify each item reported. If the amount reported on purposes. Specify each item subtracted. line 12, NJ-1065, included any loss incurred in connec- tion with the disposition of exempt New Jersey or federal Examples of some items that might be reported on this obligations, you must add back the amount of such loss line are: on this line. • Dividends from exempt federal and New Jersey obli- gations described at N.J.S.A. 54A:6-14; |
9 • Gains from the sale of exempt federal and New income, gains, expenses, or losses attributable to Jersey obligations excludable pursuant to N.J.S.A. sources within New Jersey must, except as provided be- 54A:5-1c; low, be determined by use of the NJ-NR-A as prepared • Meal and entertainment expenses that constitute or- by the partnership. dinary business expenses incurred in the conduct of If a partnership’s activity is carried on both within and a trade or business that are not deductible for federal outside New Jersey and the partnership believes that the purposes; determination of the portion of the partnership’s income, • If an asset has been placed in service since gains, expenses, or losses attributable to sources within January 1, 2004, refer to Worksheet GIT-DEP. This New Jersey by use of the NJ-NR-A does not provide an worksheet is available on the Division’s website. In- equitable allocation of such items, and the books and clude any net subtraction adjustment from Worksheet records of the partnership will disclose to the Director’s GIT-DEP, if applicable, if federal income included satisfaction a more appropriate method of allocating deduction of federal special depreciation allowance or such items, the partnership can request from the Di- IRC Section 179 expense; federal Section 179 recap- rector an exception from the use of the NJ-NR-A. Such ture income; or a gain or loss on disposition of such request must be made in writing to: Gross Income Tax asset. Branch, Business Allocation Exemption, PO Box 288, Trenton, NJ 08695-0288. Note: A partnership is not entitled to a basis adjustment in the calculating and reporting of partnership gain or Your request for exception from the use of the NJ-NR-A loss from the sale or disposition of partnership assets must set forth the basis of the request and the substitute as was extended to individuals, as in the Koch case, on method of allocation requested to be used in lieu of the the sale or disposition of a partnership interest. The part- NJ-NR-A. The substitute method of allocation cannot nership must always use federal adjusted basis when be utilized prior to the submission of the partnership’s determining gain or loss. Only taxpayers as defined pur- exception request and the approval of such request by suant to N.J.S.A. 54A:1-2.l are entitled to a Koch-type the Director. The partnership’s exception request, once adjustment. approved, must be made every three years, unless the Director or the partnership requests a change sooner. Line 15h – Total Subtractions Total lines 15a through 15g and enter the result. Note: A partnership that is not a qualified investment partnership, investment club, or that is not listed on a Line 16a – Subtotal United States national stock exchange, but has a non- Subtract line 15h from line 14 and enter the result. resident noncorporate partner or a nonresident corporate partner must also complete Schedule J, Corporation New Jersey Allocated Income Allocation Schedule. Schedule J is not required for Line 16b – New Jersey Allocated Adjusted a partnership that meets hedge fund status if its only Partnership Income nonresident partners are individuals, estates, or trusts. A Business Allocation Schedule, Form NJ-NR-A, must Schedule J is to be completed based on the partnership be completed by every partnership entity, including those entity’s information, not the nonresident partner’s infor- that have met hedge fund status, that is not reporting mation. The corporation business allocation factor will be 100% of its activity to New Jersey or that has not been reported on line 1 of the Partners Directory. Schedule J granted permission to use a substitute method of alloca- is required if the partnership includes nonresident part- tion. Failure to file the NJ-NR-A or to check the box that ners who do not have physical nexus to New Jersey and a substitute method of allocation has been granted the partnership wants to allocate their filing fee. may result in 100% of your partnership’s income or loss being sourced to New Jersey. Line 17 – Net Income (Loss) From Rental Real Estate Activities Enter the business allocation percentage from line 5, Enter on line 17, column A, the amount of net income or NJ-NR-A on the line provided at 16b. A percentage loss from rental real estate activities that was reported must be entered unless you have been granted per- on line 15a. mission to use a substitute method of allocation. If permission has been granted, leave the line at Enter on line 17, column B, the portion of the amount 16b blank and enter the actual New Jersey source reported in column A that was derived from real property amount. Enter 100% if all partnership activities are car- physically located in New Jersey. ried on in New Jersey or 0% if all partnership activities Line 18 – Net Gain (Loss) From Disposition of Real are carried on outside New Jersey. Multiply the amount Property on line 16a by this percentage and enter the result on Enter on line 18, column A, the amount of gain or loss line 16b, column B. from the disposition of real property reported on line 15b. If a partnership’s activity is carried on both within and outside New Jersey, the portion of the partnership’s |
10 Enter on line 18, column B, the portion of the amount re- Line 25 – Total Nonresident Corporate Partners ported in column A that was derived from the disposition Share of Tax of real property physically located in New Jersey. Enter on line 25, column B, the total nonresident corpo- rate partners share of tax reported on line 2c, column K, Line 19 – Net Partnership Income (Loss) of the Partners Directory. Add lines 16a, 17, and 18, column A, and enter the sum on line 19, column A. Note: If tax is reported on line 24 and/or line 25, NJ-CBT-1065 must be completed. Add lines 16b, 17, and 18, column B, and enter the sum on line 19, column B. Partners Directory Line 20 – Income (Loss) From Tiered Partnership(s) List the partners in order of their ownership interest in Enter on line 20, column A, the amount, if any, of income the partnership, beginning with the partner who holds the or loss from other partnerships as reported on line 13, largest share. column A, of Schedule A, Part II, NJ-1065. Note: A partnership that is a qualified investment part- Enter on line 20, column B, the amount, if any, of income nership, an investment club, or that is listed on a United or loss from other partnerships as reported on line 13, States national stock exchange does not have to com- column B, of Schedule A, Part II, NJ-1065. plete Schedule J, Corporation Allocation Schedule. A partnership that meets hedge fund status and whose Line 21 – Partnership Income (Loss) only nonresident partners are individuals, estates, or Add lines 19 and 20, column A, and enter the sum on trusts does not have to complete Schedule J. All other line 21, column A. partnerships that have nonresident noncorporate part- ners or nonresident corporate partners must complete Add lines 19 and 20, column B, and enter the sum on Schedule J and file it with the NJ-1065. They must also line 21, column B. complete columns H, I, J, and K on the Partners Direc- Line 22a – Guaranteed Payments to Partners tory for each nonresident noncorporate and nonresi- Enter on line 22a, column A, the amount of guaranteed dent corporate partner. payments to partners reported on line 15c. Line 1 – Corporation Allocation Factor Line 22b – Guaranteed Payments to Partners – Enter the allocation factor from line 1h of Schedule J on Pension line 1 of the Partners Directory. Enter on line 22b, column A, the amount of guaranteed If you are a qualified investment partnership, investment payments to retired partners who are receiving such club, listed on a United States national stock exchange, payments as a result of a period of service to the part- or meet hedge fund status whose only nonresident part- nership pursuant to a retirement agreement or pension ners are individuals, estates, or trusts, enter zero. plan. Partnerships should verify the residency status of each Line 22c – Net Guaranteed Payments to Partners partner before completing column A. Partnerships are Subtract the amount on line 22b from the amount on line not to remit tax on behalf of resident partners. Resident 22a and enter the result on line 22c, column A. partners will not receive a credit on their resident New Multiply the amount from line 22c, column A, by the busi- Jersey tax returns for any payments made on their be- ness allocation percentage on line 16b. Enter the result half by the partnership. on line 22c, column B. Column A: Use the following codes to identify the part- If a substitute method of allocation was granted, enter ner’s residency status and type: the actual New Jersey source amount. RI – New Jersey Resident Individual NR – Nonresident Individual Line 23 – Net Gain (Loss) From the Disposition of PI – Part-Year Resident Individual Assets as a Result of a Complete Liquidation RP – New Jersey Resident Partnership Enter on line 23, column A, the amount from line 12, col- NP – Nonresident Partnership umn D of Schedule L. NPM – Nonresident Partnership (see page 11) RT – New Jersey Resident Trust Enter on line 23, column B, the amount from line 12, col- NT – Nonresident Trust umn E of Schedule L. RE – New Jersey Resident Estate Line 24 – Total Nonresident Noncorporate Partners NE – Nonresident Estate Share of Tax RC – New Jersey Corporation Enter on line 24, column B, the total nonresident non- FC – Non-New Jersey Corporation corporate partners share of tax reported on line 2c, col- FCM – Non-New Jersey Corporation (see below) umn J, of the Partners Directory. EFC – Exempt Foreign Corporation |
11 RO – New Jersey Resident Other Column C: Enter each partner’s Distributive Share of NO – Nonresident Other Partnership Income or Loss from line 4, column A, of NOE – Nonresident Other (see below) their Schedule NJK-1. NOM – Nonresident Other (see below) Column D: Enter each partner’s Distributive Share of General partners must be identified. The letter “G” must Partnership Income or Loss from line 4, column B, of be added to the end of each existing code to designate if their Schedule NJK-1. the partner is a general partner in the entity. Column E: Enter each partner’s share of the net gain Codes NPM, FCM, and NOM are used to identify non- (loss) from the disposition of assets as a result of a com- resident partners that maintain a regular place of busi- plete liquidation from line 6, column A, of their Schedule ness in New Jersey other than a statutory office. No NJK-1. tax is to be remitted on their behalf or on behalf of an exempt foreign corporation (EFC) or on a retirement plan Column F: Enter each partner’s share of the net gain approved by the Internal Revenue Service (NOE). (loss) from the disposition of assets as a result of a com- plete liquidation from line 6, column B of their Schedule For codes NPM, FCM, NOM, EFC, and NOE, the part- NJK-1. nership must obtain and retain in its files a fully com- pleted and signed NJ-1065E. The form is valid for one Column G: Enter each partner’s share of pension in- return period and a new form must be filed with the part- come from line 5, column A, of their Schedule NJK-1. nership for any subsequent return periods. If at any time during the course of an audit the Division deems it nec- Column H: Enter each nonresident noncorporate (codes essary, the partnership must make the form(s) available. NR, NT, and NE) partner’s share of total income or loss. No entry is required if the partnership is a qualified Attach a rider to explain the partner’s entity type in detail investment partnership, investment club, is listed on for codes RO, NO, and NOM. a United States national stock exchange, or if the part- nership meets hedge fund status and has checked the Column B: Enter each partner’s Social Security number appropriate boxes on the front of the NJ-1065. (SSN) for individual partners or federal employer identifi- cation number (FEIN) for partners that are entities other Enter each nonresident corporate (codes NP, FC, and than individuals, as well as each partner’s name and NO) partner’s share of total income or loss. No entry is address. For individuals, the statute requires that the required if the partnership is a qualified investment part- address be that of the person’s principal residence. nership or if it is listed on a United States national stock If the partner is an entity other than an individual, enter exchange and has checked the appropriate boxes on the the partner’s business name. For corporations, enter front of the NJ-1065. the address of commercial domicile. If the partner is a disregarded entity, enter the FEIN, name, and address Add lines 1 through 11, plus any “Tax-exempt inter- of the beneficial owner of the DE. Enter each partner’s est income” included on line 18 from their Schedule ownership percentage as of the close of the tax year. If K-1, federal Form 1065. a partner disposed of all or part of an ownership interest Column I: Enter each nonresident partner’s share of during the year, list the partner by the ownership per- New Jersey income. Multiply the amount from column centage before the disposition. H by the corporation allocation factor on line 1. If the Enter a “Y” if this is the final Schedule NJK-1 for the amount in column H is a loss, do not make an entry in partner. column I. Note: The amounts listed in columns C and D represent Column J: Enter each nonresident noncorporate part- the distributive share of partnership income (loss) and ner’s (codes NR, NT, and NE) share of tax. Multiply the the amounts listed in columns E and F represent the amount from column I by 6.37%. net gain (loss) from disposition of assets as a result of a If an amended return is filed and the result of multiply- complete liquidation that the partners who are subject to ing the amount from column I by 6.37% is less than the Gross Income Tax are required to report on their tax re- amount reported on the original Partners Directory, re- turns. Columns C and D and columns E and F reflect the port the amount listed on the original Partners Directory. adjustments allowed for Gross Income Tax purposes that Do not report the lesser amount, since the partner is en- are reported on page 1 of the NJ-1065. The amounts titled to claim credit for the originally reported amount. listed in columns H and I represent the nonresident partner’s share of income for which the partnership is If the partnership files Form PTE-100 and pays the Pass- required to remit tax. Columns H and I do not reflect any Through Business Alternative Income Tax, no amount is adjustments. The combined amounts reported in col- required in column J for any partner that reasonably ex- umns C and D and in columns E and F may differ from pects that their share of New Jersey tax will be refunded the amounts reported in columns H and I. when they file their own return. |
12 Column K: Enter each nonresident corporate part- Note: A partnership that is not required to remit a pay- ner’s (codes NP, FC, and NO) share of tax. Multiply the ment of tax on behalf of its nonresident noncorporate or amount from column I by 9%. nonresident corporate partners may still be required to pay a filing fee. See the instructions for the Filing Fee If an amended return is filed and the result of multiplying Schedule that is part of PART-200-T, Partnership Appli- the amount from column I by 9% is less than the amount cation for Extension of Time to File Form NJ-1065, to reported on the original Partners Directory, report the see if you are required to make a payment. amount listed on the original Partners Directory. Do not report the lesser amount, since the partner is entitled to claim credit for the originally reported amount. Partnership Filing Fee Any entity classified as a partnership for federal income If the partnership files Form PTE-100 and pays the Pass- tax purposes, other than an investment club, that has Through Business Alternative Income Tax, no amount is any income or loss derived from New Jersey sources required in column K for any partner that reasonably ex- and that has more than two owners is required to make pects that their share of New Jersey tax will be refunded a payment of a filing fee of $150 for each owner of an when they file their own return. interest in the entity up to a maximum of $250,000. Column L Line 1 – Number of Partners Complete column L only if you indicate at Schedule A, Enter the applicable number of each type of owner in Part II, line 14 that the Share of Pass-Through Business your entity on the lines 1a through 1c. The number of Alternative Income Tax will be allocated to the partners. owners will generally be equal to the number of Sched- All partners must be individuals, trusts, or estates (RI, ule NJK-1s issued. Enter the allocation factor from NR, PI, RT, NT, RE, or NE). Enter in column L each line 1h of Part II of Schedule J in the box provided on partner’s share of the amount from Schedule A, Part II, line 1c. Add lines 1a–1c and enter the total on line 1d, line 13, column D. but do not enter more than $250,000. Line 2a – Total This Page Line 2 – Installment Payment Total all partners’ share of tax from columns J, K, and Multiply the amount reported on line 1d by 50% and en- L of page 3, NJ-1065. Enter zero if no tax is reported in ter the result. If you checked the box on the front of the column(s) J, K, and/or L. return indicating that the return is a “Final Return,” enter zero. Line 2b – Total From ________ Additional Pages Attached Line 3 – Pass-Through Business Alternative Income Enter the total number of additional pages attached on Tax Credit the line provided. Enter the sum of the totals for columns If you check the partnership filing fee box at Schedule J, K, and L from each additional page attached. Enter A, Part II, line 14, enter the partnership’s total Share of zero if no tax is reported in column(s) J, K, and/or L. Pass-Through Business Alternative Income Tax from Schedule A, Part II, line 13, column D. Line 2c – Total Tax Add lines 2a and 2b from columns J, K, and L and en- Line 4 – Installment Payment From 2021 ter the results on line 2c. Carry the total from column J Enter the amount from line 2 of the Partnership Filing to line 24 and the total from column K to line 25 on the Fee section of your 2021 NJ-1065. NJ-1065. Line 5 – PART-200-T Payment If you indicated on Schedule A, Part II, line 14 that the Enter the amount of the payment remitted with your share of Pass-Through Business Alternative Income Tax 2022 Partnership Application for Extension of Time to will be allocated to the partners, the total from column L File NJ-1065. must match the amount reported on Schedule A, Part II, line 13, column D. Lines 6 and 7 If the total of lines 1d and 2 is more than the total of lines Signature 3, 4, and 5, there is a balance due. Complete line 6. The return must be signed and dated by a general part- ner or limited liability company member. If the total of lines 1d and 2 is less than the total of lines 3, 4, and 5, there is an overpayment. Complete line 7. Anyone who prepares a return for a fee must sign the return as a “Paid Preparer” and enter their Social Se- Line 6 – Balance Due curity number or federal practitioner tax identification Subtract lines 3, 4, and 5 from the total of lines 1d and 2 number. Include the company or corporation name and and enter any balance due here. Make check payable to federal employer identification number, if applicable. A “State of New Jersey–PART” and remit with completed tax preparer who fails to sign the return or provide a tax NJ-1065-V, Partnership Payment Voucher. identification number may incur a penalty of $25 for each omission. |
13 Line 7 – Refund column L. (This option is only available if all partners Subtract lines 1d and 2 from the total of lines 3, 4, and 5 are individuals, estates, or trusts.) and enter the overpayment to be refunded. • Partnership Filing Fee – Enter on Form NJ-1065, Partnership Filing Fee line 3. Schedule A • Nonresident Partners Tax – Enter on Form Part I NJ-CBT-1065, line 7. Use the amounts reported in column C to complete lines 1 through 11 of Form NJ-1065 or column A of Schedule • Pass-Through Business Alternative Income Tax – L, if applicable. Enter on Form PTE-100, line 6. Lines 1–11 Column A. Follow the instructions for lines 1–11 of the Schedule NJK-1 Individual, trust, and estate partners are subject to New NJ-1065. Jersey Gross Income Tax on their share of the partner- Column B. Enter the portion of each amount reported in ship’s income, whether or not the income is actually column A that was derived from other partnerships. For distributed. Partners who reside in New Jersey are taxed each line, this will be the sum of the amounts reported on their share of the partnership’s income, regardless of for the corresponding category on the federal Schedule the source of the income. Nonresident partners are also K-1(s) furnished to your partnership by each subsidary subject to New Jersey Gross Income Tax on their share partnership in which it is a member. of the partnership’s income, but only to the extent such income is allocated to New Jersey. Column C. For each line 1 through 11, subtract the amount reported in column B from the amount reported If the partnership has met hedge fund status and has in column A. Enter the difference in column C of that checked the hedge fund box listed on the partner’s line and on the corresponding line on the front of Form Schedule NJK-1, the nonresident individual, trust, or NJ-1065 or in column A of Schedule L, if applicable. Fol- estate partner is not required to report the New Jersey low the instructions for lines 1 through 11 of the NJ-1065. source amount income from column B of their Schedule NJK-1 on their nonresident Gross Income Tax return. Part II Schedule NJK-1 provides each partner with information Line 12 regarding that partner’s share of partnership income. A Check the box to indicate if you received a Schedule Schedule NJK-1 must be completed for every partner NJK-1. List the Name, Federal EIN, and Distributive that was a partner in the partnership at any time during Share of Partnership Income or Loss reported on line 4, the year. columns A and B of Part II and/or Net gain (Loss) From Disposition of Assets as a Result of a Complete Liquida- Partners must be furnished with a copy of their Sched- tion reported on line 1 of Part III of each Schedule NJK-1 ule NJK-1 on or before the due date of the partnership this partnership received from another partnership. If you return (NJ-1065). If a partnership interest is held by a did not receive a Schedule NJK-1, you will have to use nominee on behalf of another person, the partnership is the information from your federal Schedule K-1 to com- required to furnish Schedule NJK-1 to the nominee. plete Reconciliation Worksheet A to determine the proper amount to report as your distributive share of partner- A copy of all NJK-1(s) must be retained by the partner- ship income for New Jersey purposes. See publication ship as part of the partnership’s records. GIT-9P, Partnership Income. Enter on line 12, column D, the Share of Pass-Through Part I – General Information Name and Address Business Alternative Income Tax from each Schedule Enter the name and address of both the partner and the PTE-K-1 received from partnerships. partnership. Enter the federal employer identification Line 13 number (FEIN) of the partnership and, if the particular Add the amount(s) on line 12, columns A, B, C, and D partner is an entity other than an individual, enter the and enter the result on line 13, columns A, B, C, and FEIN of the partner as well. If the partner is a person, D. Carry totals in columns A and B to line 20 of Form enter their Social Security number. If the partner is an NJ-1065. Individual Retirement Arrangement (IRA), enter the identification number of the custodian of the IRA, not the Line 14 Social Security number of the person for whom the IRA If there is an amount on line 13, column D, indicate how is maintained. If the partner is a disregarded entity, enter that amount will be applied. Select only one. the FEIN, name, and address of the beneficial owner of the DE. • Allocated to the partners – Enter the amount allocated to each partner on Form NJ-1065, Partners Directory, If spouses each had an interest in the partnership, pre- pare a separate Schedule NJK-1 for each spouse. If |
14 spouses held an interest together as one partner, pre- Line 2 – Net Guaranteed Payments pare one Schedule NJK-1. Enter on line 2, column A, the partner’s amount of net guaranteed payments reported on line 22c, column A, Classification of Partner NJ-1065. Use the codes listed in the instructions for column A of the Partner’s Directory. Enter on line 2, column B, the amount from column A multiplied by the business allocation percentage from Date Partner’s Interest in Partnership Began line 16b, NJ-1065. Enter the month, day, and year the partner obtained an interest in this partnership. Line 3 – Partner’s 401(k) Contribution Enter on line 3, column A, the amount of the partner’s Disregarded Entities contribution to a 401(k) plan. Do not include contribu- If the partner is a DE, such as a single member LLC that tions in excess of federal limits and taxable for federal did not elect to be treated as a corporation, check the income tax purposes on this line. box and enter the name and federal EIN of the DE. Enter on line 3, column B, the amount from column A Partner’s Profit, Loss, and Capital Sharing multiplied by the business allocation percentage from Percentages line 16b, NJ-1065. Enter in column (ii), the appropriate percentages as of the end of the partnership’s year. However, if a partner’s Line 4 – Distributive Share of Partnership Income interest terminated during the year, enter in column (i) (Loss) the percentages that existed immediately before the ter- Add lines 1 and 2, column A, then subtract line 3, mination. When the profit or loss sharing percentage has column A from this result. Enter the remainder on line 4, changed during the year, show the percentage before column A. the change in column (i) and the end-of-year percentage in column (ii). If there are multiple changes on the profit Add lines 1 and 2, column B, then subtract line 3, col- and loss sharing percentage during the year, attach a umn B from the result. Enter this amount on line 4, col- statement giving the date and percentage before each umn B. change. Line 5 – Pension “Capital Ownership” means the portion of the capital that Enter on line 5, column A, the partner’s share of guar- the partner would receive if the partnership was liqui- anteed payments – pension reported on line 22b, dated at the end of the year and the undivided interests column A, NJ-1065. The partner to whom the guaranteed in the partnership’s assets and liabilities were distributed. payment was made must be receiving the payment as a result of a period of service to the partnership pursuant to a retirement agreement or pension plan. Part II – Income Information The amounts reported in column A, Schedule NJK-1, Make no entry on line 5, column B. Pension income to represent the partner’s share of the partnership’s in- nonresidents is not subject to New Jersey Gross Income come, gain, or loss from all sources as reported in Tax. column A, NJ-1065. The partner’s share shall be de- termined by the partnership agreement in the same Line 6 – Net Gain (Loss) from the Disposition of manner as the partner’s distributive share of partnership Assets as a Result of a Complete Liquidation income is determined for federal income tax purposes. Enter on line 6, column A, the partner’s share of the net Column A, Schedule NJK-1, must be completed for ev- gain (loss) from the disposition of assets as a result of ery partner, regardless of residency. a complete liquidation reported on line 23, column A, NJ-1065. The amounts reported in column B, Schedule NJK-1, represent the partner’s share of the partnership’s in- Enter on line 6, column B, the partner’s share of the net come, gain, or loss allocated to New Jersey as reported gain (loss) from the disposition of assets as a result of in column B, NJ-1065. Column B, Schedule NJK-1, a complete liquidation reported on line 23, column B, should be completed for all partners. NJ-1065. Line 1 – Partnership Income (Loss) Enter on line 1, column A, the partner’s share of part- Part III – Partner’s Information nership income or loss reported on line 21, column A, Line 1 – Nonresident Partner’s Share of New Jersey NJ-1065. Tax Enter on line 1 the partner’s share of New Jersey tax Enter on line 1, column B, the partner’s share of part- reported in either column J or column K of the Partners nership income or loss reported on line 21, column B, Directory. NJ-1065. |
15 If an amended Schedule NJK-1 is filed, do not report The average value of property owned is determined by less than the amount reported on the original Schedule adding (1) the book value of the property at the begin- NJK-1. ning of the tax year and (2) the book value of the prop- erty at the end of the tax year and dividing the sum by Line 2 – Partner’s HEZ Deduction two. If the partnership is a qualified primary care medical or dental practice located in or within 5 miles of a Health The average value of property rented or leased is val- Enterprise Zone (HEZ), the partnership must determine ued at eight times the annual rent. Rent includes any if the partners are entitled to an HEZ deduction and the amounts paid in addition to, or accrued in lieu of, rent for amount. The partner’s deduction is entered on the part- the period covered by the return (such as interest, taxes, ner’s Schedule NJK-1 and deducted on the partner’s insurance, and repairs). Gross Income Tax return. See the Division’s website for qualification and calculation information. Line 1 – Real Property Owned Column A. Enter on line 1, column A, the average value Enter the partner’s HEZ deduction. of the real property listed in Section 1 that was owned for the period covered by the return. Include property lo- Line 3 – Partner’s Sheltered Workshop Tax Credit cated both inside and outside New Jersey. Enter on line 3 the partner’s share of the Available Shel- tered Workshop Tax Credit from line 8 of the Partner- Column B. Enter on line 1, column B, the average value ship’s Schedule B, Sheltered Workshop Tax Credit. of the real property listed in Section 1 that was owned in the State. Include only property located in New Jersey. Line 4 – Share of Pass-Through Business Alternative Income Tax Line 2 – Real and Tangible Property Rented Enter on line 4 the partner’s Share of Pass-Through Column A. Enter on line 2, column A, the average value Business Alternative Income Tax reported in column L of of property, both real and tangible, that was rented for the Partners Directory. the period covered by the return. Include property lo- cated both inside and outside New Jersey. Part IV Supplemental Information Column B. Enter on line 2, column B, the average value Attach a separate schedule to provide any detailed infor- of property, both real and tangible, that was rented in the mation affecting the partner’s share of income, such as State. Include only property located in New Jersey IRC §754 adjustments. Line 3 – Tangible Personal Property Owned Column A. Enter on line 3, column A, the average value of the tangible personal property that was owned and Business Allocation Schedule used in the business for the period covered by the re- NJ-NR-A turn. Include property located both inside and outside If business activities are carried on both inside and out- New Jersey. side New Jersey, business income may be allocated to determine the amount of income from New Jersey Column B. Enter on line 3, column B, the average value sources. of the tangible personal property that was owned and used in the business in the State. Include only property Be sure that the NJ-NR-A is enclosed with located in New Jersey. the NJ-1065 and that the name and address on the Business Allocation Schedule agree exactly with the Line 4 – Totals name and address on the return. Column A. Add lines 1–3 of column A and enter the total on line 4, column A. Section 1 – Business Locations Use Section 1 to list the locations where the business Column B. Add lines 1–3 of column B and enter the to- activities are conducted. In columns (a) and (b), list the tal on line 4, column B. exact locations at which the business carries on activi- ties both inside and outside the State. List all business Section 3 – Business Allocation Percentage locations. In column (c), describe the places listed in Use Section 3 to determine the business allocation per- columns (a) and (b) (i.e., branch office, agency, factory, centage that must be applied to business income. The warehouse, etc.). In column (d), indicate whether the business allocation percentage must be applied to busi- business rents or owns each location listed. Attach addi- ness income from all sources to determine the amount tional sheets if necessary. from New Jersey sources. Section 2 – Average Values Use Section 2 to determine the average value of your business assets. |
16 Line 1 – Average Values of Property Line 4 – Sum of New Jersey Percentages. Add lines Line 1a – In New Jersey. Enter on line 1a the average 1c, 2c, and 3c and enter the total on line 4. values of the business property in New Jersey from line 4, column B, Section 2. Line 5 – Business Allocation Percentage. Divide the total on line 4 by three and enter the result on line 5. Line 1b – Everywhere. Enter on line 1b the average Also enter this percentage on line 16b, NJ-1065. values of the business property from everywhere (both If one of the fractions (property, receipts, or payroll) is inside and outside New Jersey) from line 4, column A, missing, the other two percentages are added and the Section 2. sum is divided by two. If two of the fractions are missing, the remaining percentage may be used as the allocation Line 1c – Percentage in New Jersey. Divide the factor. A fraction is not missing merely because its nu- amount on line 1a by the amount on line 1b. The result merator is zero, but is missing if its denominator is zero. will be 100% or less. Enter the result on line 1c. Line 2 – Total Receipts From All Sales, Services, and Other Business Transactions Line 2a – In New Jersey. Enter on line 2a the total of receipts from all sales made, services performed, and business transactions conducted in New Jersey during the period covered by the return. This includes sales made and services performed by partners, employees, agents, agencies, or independent contractors of the business situated at, or sent out from, the offices of the business (or its agencies) located in New Jersey. For example, if a salesperson working out of the New Jersey office covers the states of New Jersey, New York, and Pennsylvania, all sales made are to be allocated to New Jersey and reported on line 2a. Line 2b – Everywhere. Enter on line 2b the total of receipts from all sales made, services performed, and business transactions conducted both inside and outside New Jersey during the period covered by the return. Line 2c – Percentage in New Jersey. Divide the amount on line 2a by the amount on line 2b. The result will be 100% or less. Enter the result on line 2c. Line 3 – Wages, Salaries and Other Personal Compensation Paid During the Year Line 3a –In New Jersey. Enter on line 3a the total of wages, salaries, and other personal compensation paid to employees in connection with operations carried on in New Jersey during the period covered by the return. Compensation is paid in connection with operations carried on in New Jersey if work is based in an office or other place of business located in New Jersey. Include only amounts paid to employees on line 3a. Do not in- clude payments to independent contractors, independent sales agents, etc. Line 3b – Everywhere. Enter on line 3b the total com- pensation paid to employees both inside and outside New Jersey during the period covered by the return. Do not include payments to independent contractors, inde- pendent sales agents, etc. Line 3c – Percentage in New Jersey. Divide the amount on line 3a by the amount on line 3b. The result will be 100% or less. Enter the result on line 3c. |