Schedule O Nonoperational Activity (11-21) Corporation Name Federal ID Number Unitary ID Number, if applicable NU Part I Computation of Nonoperational Activity Elimination Column A Column B Column C Federal Nonoperational Operational 1. Gross receipts Less returns and allowances 1. 1. 1. 2. Cost of goods sold and/or operations 2. 2. 2. 3. Gross Profit – Subtract line 2 from line 1. 3. 3. 3. 4. Dividends and Inclusions 4. 4. 4. 5. Interest 5. 5. 5. 6. Gross Rents 6. 6. 6. 7. Gross Royalties 7. 7. 7. 8. Net Capital Gain (attach federal Schedule D) 8. 8. 8. 9. Net Gain or (Loss) (attach federal Form 4797) 9. 9. 9. 10. Other Income (attach schedule) 10. 10. 10. 11. Total Income – Add lines 3 through 10 11. 11. 11. 12. Compensation of Officers (Schedule F-1) 12. 12. 12. 13. Salaries and Wages Less Jobs Credit 13. 13. 13. 14. Repairs 14. 14. 14. 15. Bad Debts 15. 15. 15. 16. Rents 16. 16. 16. 17. Taxes (Schedule H) 17. 17. 17. 18. Interest 18. 18. 18. 19. Contributions 19. 19. 19. 20a. Depreciation (attach federal Form 4562) 20a. 20a. 20a. 20b. Less: Depreciation claimed elsewhere 20b. 20b. 20b. 21. Depletion 21. 21. 21. 22. Advertising 22. 22. 22. 23. Pension, profit-sharing plans, etc. 23. 23. 23. 24. Employee benefit programs 24. 24. 24. 25. Reserved for future use 25. 25. 25. 26. Other deductions (attach schedule) 26. 26. 26. 27. Total Deductions – Add lines 12 through 26 27. 27. 27. 28. Taxable Income before federal net operating loss deductions and federal special deductions (subtract line 27 from line 11) 28. 28. 28. 29a. Interest from federal, state, municipal and other obligations not included in line 11 29a. 29a. 29b. Expenses from Income in line 29a above 29b. 29b. 30a. Column B – Net Nonoperational Income (line 28 plus line 29a minus line 29b) 30a. 30b. Column C – Net Operational Income (line 28 plus line 29a minus line 29b) 30b. 31. Less: Operational Capital Losses no longer offset by a Nonoperational Capital Gain (see instruction 3e) (31. ) 31. 32. Net Statutory Adjustments in Nonoperational Activity (see instruction 3f) 32. 32. 33. Other adjustments. Attach rider (see instruction 3g) 33. 33. 34. Net Effect of Current Period Nonoperational Activity (combine lines 30a, 31, 32, and 33). Enter total on Form CBT-100S, Schedule K or Schedule K Liquidated, Part III, line 1a. 34. 34. 35. Recapture of Prior Period Nonoperational Expenses (see instruction 3i) 35. 35. 36. Adjustment required to eliminate effect of Nonoperational Activity (line 34 plus 35). Carry to Schedule A, Part II, line 17a of Form CBT-100, CBT-100U, or BFC-1 or Schedule A, Part I, line 37b of Form CBT-100S. 36. 36. |
Part II Nonoperational Asset Declaration and/or Reclassification 1. Prior years’ net nonoperational assets acquired 1. N.J. 2. Current year’s nonoperational assets acquired Nexus Description Date Acquired Federal Basis Yes No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Total Current Year Acquisitions 2. 3. Current year’s disposition of current year’s purchases 3. 4. Net current year’s acquisitions (line 2 less line 3) 4. 5. Current year’s disposition of prior year’s purchases 5. 6. Total Nonoperational Assets (line 1 plus line 4 minus line 5) 6. (1) Have you made a claim to any other taxing jurisdiction with respect to currently held assets (whether or not included above) that nonoperational, nonunitary, or nonbusiness income was derived therefrom? ..................... Yes No If yes, identify by asset the income, states, and years involved. a b c (2) Are there or were there liabilities or expenses related to the nonoperational assets declared above? ................ Yes No If yes, specify by asset the expenses and liabilities below for all years since acquisition. a b c (3) Have assets considered operating in nature in prior periods been reclassified during this reporting period as nonoperating? ................................................................................................................................................... Yes No If yes, on a separate rider identify all expenses, by year, previously deducted in prior years. The aggregate total of all years’ expenses must be recaptured and included in Entire Net Income in this reporting period. (Schedule O – Part I, line 35). |
Part III Computation of Tax Due on Nonoperational Activity Activity Activity Total 1. Gross receipts Less returns and allowances 1. 1. 1. 2. Cost of goods sold and/or operations 2. 2. 2. 3. Gross Profit – Subtract line 2 from line 1 3. 3. 3. 4. Dividends and Inclusions 4. 4. 4. 5. Interest 5. 5. 5. 6. Gross Rents 6. 6. 6. 7. Gross Royalties 7. 7. 7. 8. Net Capital Gain (attach federal Schedule D) 8. 8. 8. 9. Net Gain or (Loss) (attach federal Form 4797) 9. 9. 9. 10. Other Income (attach schedule) 10. 10. 10. 11. Total Income – Add lines 3 through 10 11. 11. 11. 12. Compensation of Officers (Schedule F-1) 12. 12. 12. 13. Salaries and Wages Less Jobs Credit 13. 13. 13. 14. Repairs 14. 14. 14. 15. Bad Debts 15. 15. 15. 16. Rents 16. 16. 16. 17. Taxes (Schedule H) 17. 17. 17. 18. Interest 18. 18. 18. 19. Contributions 19. 19. 19. 20a. Depreciation (attach federal Form 4562) 20a. 20a. 20a. 20b. Less: Depreciation claimed elsewhere 20b. 20b. 20b. 21. Depletion 21. 21. 21. 22. Advertising 22. 22. 22. 23. Pension, profit-sharing plans, etc. 23. 23. 23. 24. Employee benefit programs 24. 24. 24. 25. Reserved for future use 25. 25. 25. 26. Other deductions (attach schedule) 26. 26. 26. 27. Total Deductions – Add lines 12 through 26 27. 27. 27. 28. Net Nonoperational Income before federal net operating loss and federal special deductions (subtract line 27 from line 11) 28. 28. 28. 29a. Interest from federal, state, municipal, and other obligations not included above 29a. 29a. 29a. 29b. Expenses from Income in line 29a and not included in line 28 above 29b. 29b. 29b. 29c. Federal 250(a) Deductions 29c. 29c. 29c. 30. Net Current Year’s Nonoperational Income (line 28 plus line 29a minus line 29b minus line 29c) 30. 30. 30. 31. New Jersey’s Taxable Portion – Attach sched- ule of computation (see Instruction 5). Carry total to Schedule A, Part III of the CBT-100, CBT-100U, BFC-1, or enter total on Form CBT-100S, Schedule K or Schedule K Liquidated, Part III, line 5. 31. 31. 31. 32. Listing of states where Nonoperational Income is being assigned: |
Instructions for Schedule O of Taxation to consider activities to be operational to the Purpose Schedule O must be completed and included with maximum extent permitted by the United States Consti- the Corporation Business Tax return (Form CBT-100, tution. However, for corporations making nonbusiness or CBT-100U, CBT-100S, or BFC-1) filed by any corpo- nonoperational claims (or nonunitary claims for tax- ration seeking to treat income, expenses, or assets payers filing separate returns) to this State, or to other as nonoperational pursuant to N.J.S.A. 54:10A-6.1 jurisdictions, if it is determined that the nonoperational and not subject to apportionment using the business activity has nexus to New Jersey, the resulting assign- allocation factor. ment of income may exceed the New Jersey tax liability that would otherwise have been due had a nonopera- Schedule O, Part I details the items of nonopera- tional claim not been made. tional income and expenses and computes the net adjustment required to eliminate the effect of the Nonoperational Income Explained nonoperational activity on allocable net income. Nonoperational income is derived from tangible and intangible property when either the acquisition, manage- Schedule O, Part II allows corporations to declare ment, use, or disposition did not constitute an integral nonoperational assets or report the reclassification of part of the taxpayer’s trade or business operations. assets previously deemed operational. Nonoperational assets are not acquired, managed, used, Schedule O, Part III allows the aggregate nonoper- or disposed of in the normal or ordinary course of busi- ational activity to be broken down into separate and ness. They also do not generate operational expenses discrete activities. If any of these separate activities or income during their holding period. have nexus with New Jersey, the schedule computes the amount of New Jersey Corporation Business Tax In making the operational or nonoperational determi- due. nation, the Division will classify income as being oper- ational if it meets either the transactional, functional, or General Provisions operational test. Pursuant to U.S. Supreme Court decisions, New Jersey has made statutory changes to the New Jersey Corpora- The transactional test will determine whether the acqui- tion Business Tax Act (N.J.S.A. 54:10A-6.1). This legis- sition, management, use, or disposition of property is in lation recognizes that a Constitutional distinction based the regular course of the corporation’s trade or business. on the Due Process and Commerce Clauses exists that A transaction or activity can occur in the regular course restricts states from apportioning income, gains, losses, of business even though the taxpayer has not regu- or expenses from activities that have no rational rela- larly engaged in such transactions if it is reasonable to tionship with this State. The terminology used by New conclude that transactions or activities of that type are Jersey classifies these activities and/or assets as being customary for the kind of business being conducted. The either operational or nonoperational. determination of operational income under the transac- tional test requires not only knowledge of how often the Generally, activities of a multijurisdictional corporation taxpayer’s trade or business has engaged in transac- that are operational in nature are apportioned to a taxing tions of the type at issue, but also whether such transac- jurisdiction by the use of a business allocation formula. tions are likely to occur at all in that trade or business. New Jersey uses a single sales factor. Activities that are deemed to be nonoperational are not apportioned by The functional test will determine whether property general formula but are specifically assigned to the juris- or activities that do not rise to the level of constituting diction where the nonoperational activity has nexus. a trade or business would still be deemed operational if that property from which income and expenses are Where the trade or business of the taxpayer is directed derived is or was an integral or functional component or managed in New Jersey, all nonbusiness income will to or a part of the taxpayer’s regular trade or business be specifically assigned to New Jersey to the extent operations. permitted by the United States Constitution. Income and expenses derived from activities occurring In all cases, whether assigned to New Jersey or another infrequently, including transactions made in liquidation, jurisdiction, nonbusiness income will not be subject to are operational if that property was used in the business allocation. operations. The functional test focuses on the function played by the property in the corporation’s trade or There is a presumption, which must be overcome by the business, and it applies similarly to tangible as well as taxpayer by clear and convincing evidence, that all the intangible property. Income, gains, losses, or expenses activities of a separate corporate entity are operational arising from transactions involving intangible property, in nature. It is the intention of the New Jersey Division for example corporate stock, or an ownership interest in |
a partnership, is operational in nature if the corporation 2. Column C represents total operational activity that held that intangible or the underlying property repre- will be apportioned to all taxing jurisdictions using sented as an integral or functional component of its trade the business allocation factor. Columns B and C or business. should always total to column A with respect to lines 1 through 28. The operational test will determine whether intangible property served an operational rather than an investment 3. Column B represents total nonoperational income, function. The relevant inquiry focuses on the objective gains, losses, and attributable expenses that are not characteristics of the intangible property’s acquisition or apportioned but are specifically assigned. The income use and the relation to the corporation’s overall activities. and expense items must be related to assets declared This test will include as operational income all other in- on Schedule O – Part II. come or gain that the State is not prohibited from taxing by the United States Constitution. a. Lines 4 through 11 reflect the revenues, gains, or losses generated by nonoperational assets. Tax Treatment of Nonoperational Activity Expenses are deductible only to the extent that they are b. Lines 12 through 27 reflect the direct and indi- connected with operational property or income. Corpo- rect expenses associated with the nonoperational rate expenses related to nonoperational income are not assets. Submit a statement detailing the basis and deductible at all except in terms of assigning and taxing the accounting controls employed in assigning income from nonoperational activities that have nexus to direct and indirect expenses to the nonoperational New Jersey. assets. If property had been classified as operational property Example 1 – Direct Expenses in prior periods and is later demonstrated to have been Corporation A, a manufacturer of shoes, purchased nonoperational and is subsequently disposed of, all ex- 1,000 shares of stock of Corporation B, a car wash penses, without limitation, deducted in prior periods re - company located outside New Jersey, for $15,000 lated to the nonoperational property must be added back as a passive investment that it claims is a nonop- and recaptured as income in the tax period of disposition erational asset. Corporation A purchased these of such property. shares by borrowing $10,000 at a 9% interest rate, and by utilizing excess funds of $5,000. The first If a prior period’s income had been classified as serving year’s interest was $900, and the corporation was an operational function and is later demonstrated not to charged a processing fee of $250 on the loan. Both have been serving an operational function, all expenses, the interest expense ($900) and the processing fee without limitation, deducted in prior periods related to ($250) are direct expenses of the asset purchased such income must be added back and recaptured in the and should be included in the nonoperational col- year when that occurs. umn (column B). General corporate expenses including administrative, Example 2 – Indirect Expenses taxes, and interest that cannot be specifically allocated Corporation C has a substantial cash flow to between operational and nonoperational activity shall the point that it maintains a separate division to be assigned to same by the ratio of the average value of manage and control all of its excess funds (both assets producing nonoperational income to the average operational and claimed nonoperational funds). value of the total assets of the corporation. Corporation C must assign the direct expenses associated with the nonoperational assets and ap- Only the receipts attributable to operational activity are portion the remaining indirect divisional expenses to be used in computing the allocation factor. on a reasonable basis (e.g., value of operational assets to nonoperational assets) and apportion part Instructions of the corporate overhead on some reasonable Combined groups must complete a separate basis (e.g., value of the part of the division to the Schedule O for each member claiming nonoperational total corporation). income. Indirect corporate expenses, including general and Part I administrative expenses, interest expenses, and 1. Column A represents Federal Taxable Income taxes, shall be assigned to nonoperational assets before net operating loss and special deductions by the ratio of the average value of assets produc- and must be the same amount as reported on ing nonoperational income to the average value of Schedule A, Form CBT-100, CBT-100U, or BFC-1. If the total assets of the corporation. Form CBT-100S is being filed, the adjustments made to convert S corporation income to C corporation c. Lines 29a and 29b reflect the financial activity of income should be interpolated to the corresponding nonoperational tax-exempt assets and operational lines of this schedule. tax-exempt assets. |
d. Line 30a reflects the net income from nonopera- or disposed of in the normal or ordinary course of tional activities. It is the total of line 28 plus line 29a business, or that did not generate business expenses minus line 29b. or income during their holding period. In determining the operational versus nonoperational asset status, e. Line 31 – If nonoperational capital gains are used and hence the income and gains, and expenses and to offset operational capital losses in determining losses associated therewith, the corporation shall not Federal Taxable Income, the amount of the oper- recognize as nonoperational any asset that does not ational capital loss offset must be subtracted from meet either the transactional, functional, or opera- the total nonoperational income to effect the elimi- tional tests. nation of the nonoperational activity from entire net income. 2. Line 1 – Prior Years’ Net Nonoperational Assets Enter the total original federal basis for all nonopera- f. Line 32 – Enter the adjustments required to reflect tional assets acquired prior to the current period that the elimination of New Jersey adjustments to the corporation still owns and claims to be nonopera- Federal Taxable Income on nonoperational ac- tional assets to New Jersey. tivity reported originally on the applicable lines of Schedule A (Part II of Forms CBT-100, CBT-100U, 3. Line 2 – Current Year’s Nonoperational Assets or BFC-1, or Part I of CBT-100S). a. Description – Enter the quantity purchased and the general nature of the asset purchased (e.g., 1 Example 3 each – machinery, 1 each – building, 100 shares – Corporation D reported dividend income of $1,000 XYZ, $2,000 – Bonds, etc.). from various nonsubsidiary companies, of which the corporation claimed that $300 in dividends from b. Date Acquired – Indicate the date the asset was Corporation E is nonoperational income. Since first acquired. If the asset was acquired in a prior 50% of the $300 is excluded on line 27, an adjust- year and its status changed from operational to ment subtracting $150 from nonoperational income nonoperational in the current reporting period, is required to eliminate the double exclusion. then enter as a second date the date such status changed in this reporting period. g. Line 33 – Enter any other adjustments required to properly reflect the elimination of the nonoper- c. Federal Basis – Indicate the original federal tax ational income. Submit a separate rider detailing basis used to carry the asset for federal income tax this amount. Report the federal 250(a) deductions purposes. attributed to GILTI and FDII amounts here and on Part III, line 29c. d. New Jersey Nexus – Indicate whether the nonop- erational asset has a New Jersey nexus. Answer h. Line 34 is the sum of lines 30a, 31, 32, and 33 and “YES” where the asset was physically located in represents the net adjustments required to elimi- New Jersey or where any of the activity related to nate the effect of nonoperational income from en- its purpose, or its management, or its use, or its tire net income for current period activity. Enter the disposition, took place in whole or in part within this total on Form CBT-100S, Schedule K or Schedule State during any portion of its holding period. K Liquidated, Part III, line 1a. 4. Line 3 – Current Year’s Disposition of Nonoper- i. Line 35 reflects the recapture of prior period ational Assets. Enter the original federal tax basis deductions when in prior periods property had of any assets purchased in the current period and been classified as operational property and is later disposed of during the current period and included on demonstrated to have been nonoperational prop- line 2 of the Schedule O, Part II. erty and is subsequently disposed of, all expenses, without limitation, deducted in prior periods related 5. Line 5 – Current Year’s Disposition of Prior Year to the nonoperational property must be added back Purchases. Enter the original federal tax basis of any and recaptured as income in the period of disposi- prior year purchases disposed of during the current tion of such property. period. j. Line 36 is the sum of lines 34 and 35 and is the 6. Additional Questions – All questions must be total adjustment required to eliminate the effect of answered. Provide the appropriate responses and, nonoperational activity from entire net income. The where necessary, provide the additional information total on this line is carried to Schedule A, Part II, requested. If additional space is required, provide line 17a of Form CBT-100, CBT-100U, or BFC-1 or supplementary riders. Schedule A, Part I, line 37b of Form CBT-100S. Part III Part II 1. Part III details and computes the applicable amounts 1. Nonoperational assets defined. Nonoperational of New Jersey Corporation Business Tax due on assets are assets not acquired, managed, used, |
nonoperational activities that may be wholly or par- employees or agents located in New Jersey during tially taxable by New Jersey. at least part of the holding period of the asset are 100% taxable to New Jersey to the extent of 2. Lines 1 through 30 separately detail the income and the ratio of expenses for the controlling employ- expense items applicable for each nonoperational ees or agents in New Jersey to those expenses activity. Attach additional schedules as required if the everywhere. number of activities exceeds two. e. Nonoperational interest and dividends where the un- 3. Line 31 – Enter the portion of the net nonoperational derlying investment is wholly or in part researched, income for each activity taxable to New Jersey. Detail managed, controlled, or accounted for by employ- the methodology and the computation on a separate ees or agents located in New Jersey are 100% rider. See instruction 6 below for specific guidelines taxable to New Jersey to the extent of the ratio of on the extent nonoperational activity is taxable by expenses of the controlling employees or agents in New Jersey. Carry the total nonoperational income New Jersey to those expenses everywhere. to Schedule A, Part III of the CBT-100, CBT-100U, or BFC-1. Enter the total on Form CBT-100S, f. Nonoperational rents and royalties from patents, Schedule K or Schedule K Liquidated, Part III, line 5. copyrights, trademarks, service marks, secret pro- cesses, and formulas, franchises and like property 4. Line 32 – List all other states, if any, to which each are 100% taxable to the extent of the business allo- nonoperational activity or income has been taxed. If cation factor reported to New Jersey by the user of the income was taxed as part of a combined reporting the underlying property for that period. group as operational income, place an asterisk by that state’s name. g. Other nonoperational income constitutionally tax- able by New Jersey will be taxed to a reasonable 5. Nonoperational income, less attributable expenses, extent based upon the facts and circumstances. will be taxed by New Jersey when either the activity or property itself has nexus to New Jersey or when the 6. Net nonoperational losses cannot be used to offset corporation’s principal place of business management taxable operational income in current, prior, or future or direction is in New Jersey. periods. a. When the nonoperational activity itself does not a. A net loss in any discreet, separate, nonoperational have nexus to New Jersey other than by reason of activity may not be used to reduce the net income the taxpayer’s principal place of business man- or tax liability of any other discrete, separate, agement being in New Jersey, the nonoperational nonoperational activity in current, prior, or future income related to that activity, less attributable periods. expenses, will be assigned to and taxed in New Jersey using the business allocation factor from the For the rare instances that GILTI and FDII entity’s Schedule J to the extent it is not taxed in could be considered nonoperational other jurisdictions. If 100% of the income is attribut- income: able to New Jersey, carry the total income sub- ject to tax to Schedule A, Part III of the CBT-100, • Include the GILTI and FDII income amounts on Part I, CBT-100U, or BFC-1 and to Schedule O, Part III, line 4 and Part III, line 4, as applicable line 31. • Report the federal 250 deductions attributed to GILTI b. Nonoperational net rents and royalties from real or and FDII amounts on Part I, line 33 and Part III, tangible personal property located in New Jersey line 29c. for at least a portion of the filing period are 100% taxable by New Jersey to the extent the asset maintained physical situs in New Jersey. c. Nonoperational gains and losses from sales or exchanges of real or tangible personal property located in New Jersey during at least part of the filing period or the holding period of the assets are 100% taxable to New Jersey to the extent the asset maintained physical situs in New Jersey. d. Nonoperational gains and losses from sales or exchanges of intangible property, including cap- ital assets where intangible property is wholly or in part managed, controlled, or accounted for by |