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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.



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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).



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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:



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                                      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 



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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.



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   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, 



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   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 






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