1 2021 Composite Return Instructions Qualified nonresident individuals who are members of general and limited partnerships, professional athletic teams, limited liability partnerships, limited liability companies, New Jersey electing S corporations, estates, and trusts can participate in a composite return. Any composite return that is filed on behalf of 25 or more participants must be filed on diskette. General diskette specifications can be found on page 8. Only individuals are eligible to file as part of a composite included in the composite return or make an election to be return. To qualify for participation in a composite return, the included in the composite return after April 15 following the nonresident must be a member of one of the specified enti- close of the tax year. ties and satisfy all of the following conditions: 1. The individual was a nonresident for the entire tax Permission to File not Required year; Written permission to file a composite return is not required. Any entity that is eligible to file a composite return can do 2. The individual did not maintain a permanent place of so without first putting the Division on notice. abode in New Jersey at any time during the tax year; 3. The individual was not a fiscal year filer; When to File 4. The individual did not have income derived from or Returns for calendar year 2021 are due April 18, 2022. No connected with New Jersey sources other than the fiscal composite returns will be accepted. income reported on composite return(s); 5. The individual waives the right to claim any New Postmark Date Jersey personal exemption, credit, or deduction and All New Jersey Income Tax returns postmarked on or be- agrees to have the tax calculated directly on the indi- fore the due date of the return are considered to be filed on vidual’s income reported on the composite return at time. Tax returns postmarked after the due date are consid- the highest tax rate in effect for single taxpayers for ered to be filed late. When a return is postmarked after the the tax year; and due date, the filing date for that return is the date the return was received by the Division, not the postmark date of the 6. The individual elects to be included in a composite re- return. turn by completing and delivering to the filing entity a Form NJ-1080E (Election to Participate in a Compos- ite Return) prior to the filing of the composite return by Extension of Time to File the entity. An extension of time to file will be granted on a composite basis only. The request for an extension of time to file must An individual can participate in other New Jersey Gross be made on Form NJ-630 on or before the original due date Income Tax composite returns, provided that the require- of the return. The request must be made under the filing ments of subsections 1 through 6 above are satisfied. Once entity’s federal identification number. A six-month extension a nonresident elects to participate in a composite return, of time to file the NJ-1080-C will be granted if at least 80% the election is binding on the individual’s heirs, representa- of the actual tax liability is paid in the form of estimated or tives, assigns, successors, executors, and administrators other payments by the original due date of the return. and constitutes an express consent to personal jurisdic- tion in New Jersey for New Jersey personal Income Tax Taxpayers who file Form NJ-630 will not receive an ap- purposes. proved copy. The Division will only send notification if the request for extension is denied. Election to Participate If the requirements for extension are not satisfied, or if Every participating member must make the election to be the return is not filed by the extended due date, the ex- part of the composite return in writing each year by filing tension will be denied and penalties and interest will be Form NJ-1080E with the filing entity. The elections must imposed from the original due date of the return. See be maintained in the filing entity’s files. When filed, the Penalty and Interest Charges. composite return must include a list of the members who are participating, as well as a list of those who have not elected, or are not qualified, to participate in the composite return. The list must include each member’s name, ad- dress, and federal identification number. A qualified electing nonresident participant cannot revoke an election to be |
2 Where to File Rounding off to Whole Dollars Mail Form NJ-1080-C to: The money items on the return and schedules can be State of New Jersey shown in whole dollars. This means that any amount un- Division of Taxation der 50 cents can be eliminated and amounts of 50 cents Revenue Processing Center or more should be increased to the next higher dollar. PO Box 188 Trenton, New Jersey 08646-0188 Amended Returns Estimated Tax An amended Form NJ-1080-C must be filed if an If the filing entity has filed a composite return in the pre- amended federal return is filed for any filing entity, or if vious years and the amount estimated to be the total In- the Internal Revenue Service changes or corrects any come Tax liability for the composite return for the current item of income, gain, or loss previously reported. The tax year exceeds $400, the filing entity must make quar- amended New Jersey return must be filed within 90 terly estimated tax payments using Form NJ-1040-ES. days of the date the amended federal form is filed or, in Instructions for calculating the estimated tax and making the case of a federal audit, within 90 days after the final the payments are included with that form. Failure to determination of the change. To amend the original com- make estimated payments when required or pay all or posite return, use a blank Form NJ-1080-C for the tax part of an underpayment will result in interest charges on year that is to be amended and write “Amended” across the underpayment. the top. Complete the form by entering the correct infor- mation and enclose an explanation of the changes. An amended composite return should also be filed if the Underpayment of Estimated Tax If the filing entity failed to make the required estimated filing entity issues amended or corrected information tax payments as described above, the entity must com- returns (e.g., Form W-2, federal Schedule K-1, etc.) that plete Form NJ-2210, Underpayment of Estimated Tax affect Total New Jersey Taxable Income (line 17). by Individuals, Estates, or Trusts. Completing Form NJ-2210 will allow you to determine if interest on the underpayment is due and if so, to calculate the amount. Penalties and Interest Charges If you complete and enclose Form NJ-2210 with your Penalty and interest should be included with the pay- return, fill in the oval below line 19. Credit will not be ment of any tax due. The Division may impose the given on the composite return for estimated tax pay- following: ments made by any of the qualified electing nonresi- Late filing penalty: 5% per month (or part of a month) dent participants. up to a maximum of 25% of the outstanding tax liability when a return is filed after the due date or extended due date. Also, a penalty of $100 per month for each month Accounting Method the return is late may be imposed. The accounting method used for Form NJ-1080-C must be the same as the accounting method used by the par- Late payment penalty: 5% of the outstanding tax bal- ticipants for federal income tax purposes. ance may be imposed. Interest: 3% above the prime rate for every month or Accounting Periods part of a month the tax is unpaid, compounded annually. The accounting period for a nonresident composite re- At the end of each calendar year, any tax, penalties and turn is the calendar year. interest remaining due (unpaid) will become part of the balance on which interest is charged. Forms and Assistance Forms are available on our website, by calling 1 (800) Signatures 323-4400, or by writing to the New Jersey Division of Form NJ-1080-C is not considered to be a return unless Taxation, 50 Barrack Street, PO Box 269, Trenton, NJ it is signed and dated. If the filing entity is a general 08695-0269, Attention: Forms Distribution Center. partnership, a limited partnership, or a limited liability partnership, the return must be signed by a general Assistance is available by calling the Division’s Cus- partner or the partner designated for tax matters. If the tomer Service Center at (609) 292-6400. filing entity is an electing New Jersey S corporation, the return must be signed by an officer of the corporation; if A composite return, Form NJ-1080-C, must be a limited liability company, by an authorized member; if paper-filed. The directory information for a composite an estate, by the executor or administrator; if a trust, by return filed on behalf of 25 or more participants must be a trustee. If a receiver, trustee in bankruptcy, or assignee submitted on diskette or rewritable CD. See page 8 for controls the organization’s property or business, that general diskette specifications. |
3 person must sign the return. If the filing entity is a pro- Social Security numbers are used primarily to account fessional athletic team, the return must be signed as for and give credit for tax payments. The Division of required above depending on the type of entity. Taxation also uses Social Security numbers in the ad - ministration and enforcement of all tax laws for which it Anyone who prepares a composite return for a fee must is responsible. sign the return as a “Paid Preparer” and must enter their Social Security number. The company or corporation name and federal employer identification number must Federal/State Tax Agreement be included, if applicable. The preparer required to sign The New Jersey Division of Taxation and the Internal the composite return must sign it by hand; signature Revenue Service have entered into a Federal/State stamps or labels are not acceptable. If someone pre- Agreement to exchange income tax information in order pares the return at no charge, the paid preparer’s area to verify the accuracy and consistency of information re - does not need to be completed. A tax preparer who fails ported on federal and New Jersey Income Tax returns. to sign the return or provide a correct tax identification number may incur a $25 penalty for each omission. Fraudulent Return Any person who willfully fails to file a return, files a fraud- Privacy Act Notification ulent return, or attempts to evade the tax in any manner The Federal Privacy Act of 1974 requires an agency re- may be liable for a penalty not to exceed $7,500 or im- questing information from individuals to inform them why prisonment for a term between three and five years, or the request is being made and how the information is both. being used. General Instructions for Form NJ-1080-C General Information Checking the “Yes” box will not in any way increase your Enter the exact legal name, trade name, if any, and ad- tax liability or reduce your refund. dress of the entity filing the return on behalf of its partic- ipating members. The legal name is the name in which For more information on the Gubernatorial Public Fi- the business owns property or acquires debt. Enter the nancing program, contact the New Jersey Election Law trade name or d/b/a (doing-business-as) name if different Enforcement Commission at (609) 292-8700 or online. from the entity’s legal name. Enclosures Enter the entity’s federal employer identification number For each qualified electing nonresident partici- (EIN). pant, a copy of the following must be enclosed with Form NJ-1080-C: Enter the number of nonresident individuals participating • Schedule NJK-1, Form NJ-1065, if the filing entity is in the composite return in the space provided. a partnership, limited liability partnership, or limited Check the appropriate box to indicate the type of entity liability company; that is filing the return. • Form W-2, if the filing entity is a professional athletic team; • Schedule NJ-K-1, Form CBT-100S, if the filing entity Gubernatorial Elections Fund is a New Jersey electing S corporation; If you want to designate $1 to go to help candidates • Schedule D, Form NJ-1041, if the filing entity is an for governor pay expenses, check the “Yes” box in the Gubernatorial Elections Fund section of the return. estate or trust. Instructions for Partnerships, Limited Liability Companies, and Limited Liability Partnerships The income entered on line 12, Distributive Share of Line 12 – Distributive Share of Partnership Income. Partnership Income, will be the combined income re- Enter on this line the composite amount of income from ported in column B of Schedule NJK-1, Form NJ-1065, the partnership that was reported on line 4, column B, for each qualified electing nonresident partner. Schedule NJK-1, Form NJ-1065, for all participating part- ners. If the composite amount is a loss, enter “0” (zero). Lines 8 through 11. Enter “0” (zero) on each of these lines. |
4 Lines 13 through 16. Enter “0” (zero) on each of these Credit will not be given on the composite return for esti- lines. mated tax payments made on an individual basis by any of the participating partners during the tax year. Line 17 – Total New Jersey Taxable Income. Enter on line 17 the total of lines 8 through 16. Line 23 – Tax Paid on Partners Behalf by Partner- ship. Enter on line 23 the total amount of New Jersey Line 18 – Tax. Calculate the tax by multiplying the Income Tax paid on participating partners’ behalf by the amount on line 17 by 10.75%. partnership, as shown on line 1, Part III of Schedule NJK-1s. Enclose a copy of Schedule NJK-1 for each par- Line 19 – Penalty for Underpayment of Estimated ticipating partner for which a credit is being claimed. Tax. New Jersey’s Income Tax is a “pay-as-you-go” tax. You must pay the tax as you earn or receive income Line 24 – Pass-Through Business Alternative Income throughout the year. If you do not pay enough tax on the Tax Credit. Enter the total shares of tax for participating income you received, you may owe interest (see Esti- members from Schedule PTE-K-1s received from pass- mated Tax). through entities, or from Schedule NJK-1s received from estates or trusts. Enclose a copy of Schedule PTE-K-1 To determine the amount of interest for the underpay- or Schedule NJK-1 for each member for which a credit is ment of estimated tax, complete Form NJ-2210, Under- being claimed. payment of Estimated Tax by Individuals, Estates, or Trusts. Enter on line 19 the amount of interest due from Line 25 – Total Payments/Credits. Enter on line 25 the line 19, Form NJ-2210. Fill in the oval at line 19 and en- total of lines 21 through 24. close Form NJ-2210 with your return. Line 26 – Amount Due. If line 20 is more than line 25, Line 20 – Total Tax and Penalty. Enter on line 20 the there is a balance due. Make your check for the total total of lines 18 and 19. amount payable to “State of New Jersey - TGI.” Line 21 – Total New Jersey Tax Withheld. Enter “0” Line 27 – Overpayment. If line 20 is less than line 25, (zero) on line 21. there is an overpayment. Line 22 – Estimated Payments/Credit from 2020 Line 28 – Refund. Enter on line 28 the amount from line Composite Return. Enter on line 22 the total of: 27 that you want refunded to the partnership. • Estimated tax payments made by the partnership for Line 29 – Credit to 2022 Tax. Subtract line 28 from line 2021; 27. Enter the result on line 29. This is the amount that • Credit, if any, applied from the partnership’s 2020 will be credited to the 2022 composite tax liability. composite return; • Amount, if any, paid to qualify for an extension of time to file. Instructions for New Jersey Electing S Corporations Lines 8 through 12. Enter “0” (zero) on each of these Line 19 – Penalty for Underpayment of Estimated lines. Tax. New Jersey’s Income Tax is a “pay-as-you-go” tax. You must pay the tax as you earn or receive income Line 13 – Net Pro Rata Share of S Corporation In- throughout the year. If you do not pay enough tax on the come. Enter on this line the combined amount of S income you received, you may owe interest (see Esti- Corporation Income that was reported on line 1, Part II, mated Tax). Schedule NJ-K-1, Form CBT-100S for all participating shareholders. If the combined amount of S Corporation To determine the amount of interest for the underpay- Income is a loss, enter “0” (zero). ment of estimated tax, complete Form NJ-2210, Under- payment of Estimated Tax by Individuals, Estates, or Lines 14 through 16. Enter “0” (zero) on each of these Trusts. Enter on line 19 the amount of interest due from lines. line 19, Form NJ-2210. Fill in the oval at line 19 and en- close Form NJ-2210 with your return. Line 17 – Total New Jersey Taxable Income. Enter on line 17 the total of lines 8 through 16. Line 20 – Total Tax and Penalty. Enter on line 20 the total of lines 18 and 19. Line 18 – Tax. Calculate the tax by multiplying the amount on line 17 by 10.75%. |
5 Line 21 – Total New Jersey Tax Withheld. Enter “0” Line 23 – Tax Paid on Partners Behalf by Partner- (zero) on line 21. ship. Enter “0” (zero) on line 23. Line 22 – Estimated Payments/Credit from 2020 Line 24 – Pass-Through Business Alternative Income Composite Return. Enter on line 22 the total of: Tax Credit. Enter the total shares of tax for participating members from Schedule PTE-K-1s received from pass- • Estimated tax payments made by the New Jersey through entities, or from Schedule NJK-1s received from electing S corporation for 2021. estates or trusts. Enclose a copy of Schedule PTE-K-1 • Amount, if any, paid to qualify for an extension of or Schedule NJK-1 for each member for which a credit is time to file. being claimed. • In addition, the total on line 22 must include any Line 25 – Total Payments/Credits. Enter on line 25 the payments made by an S corporation on behalf of total of lines 21 through 24. any nonresident nonconsenting shareholders who have elected to participate in the composite return. Line 26 – Amount Due. If line 20 is more than line 25, If a nonresident nonconsenting shareholder elects there is a balance due. Make your check for the total to participate in a composite return, the share- amount payable to “State of New Jersey - TGI.” holder’s Social Security number reported on Form NJ-1040-SC (Payment on Behalf of Nonconsenting Line 27 – Overpayment. If line 20 is less than line 25, Shareholders) must be the same as the number there is an overpayment. shown on Form NJ-1080-C as the entity’s federal identification number. If the shareholder’s Social Line 28 – Refund. Enter on line 28 the amount from line Security number and the entity’s identification num- 27 that you want refunded to the S corporation. ber are not the same, credit will not be given on Form NJ-1080-C. Line 29 – Credit to 2022 Tax. Subtract line 28 from line 27. Enter the result on line 29. This is the amount that Credit will not be given on the composite return for esti- will be credited to the 2022 composite tax liability. mated tax payments made on an individual basis by any of the participating shareholders during the tax year. Instructions for Estates and Trusts Lines 8 through 14. Enter “0” (zero) on each of these To determine the amount of interest for the underpay- lines. ment of estimated tax, complete Form NJ-2210, Under- payment of Estimated Tax by Individuals, Estates, or Line 15 – Net Gains or Income Derived Through Trusts. Enter on line 19 the amount of interest due from Estates or Trusts. Enter on this line the combined line 19, Form NJ-2210. Fill in the oval at line 19 and en- amount of estate or trust income that was distributed to close Form NJ-2210 with your return. all participating beneficiaries, but only to the extent that those items were attributable to New Jersey sources and Line 20 – Total Tax and Penalty. Enter on line 20 the included in the amounts reported on Schedule E, Form total of lines 18 and 19. NJ-1041. If no estate or trust income was distributed, enter “0” (zero). Line 21 – Total New Jersey Tax Withheld. Enter “0” (zero) on line 21. Line 16 – Other Income. Enter “0” on this line. Line 22 – Estimated Payments/Credit from 2020 Line 17 – Total New Jersey Taxable Income. Enter on Composite Return. Enter on line 22 the total of: line 17 the total of lines 8 through 16. • Estimated tax payments made by the estate or Line 18 – Tax. Calculate the tax by multiplying the trust for 2021 amount on line 17 by 10.75%. • Amount, if any, paid to qualify for an extension of time to file. Line 19 – Penalty for Underpayment of Estimated Tax. New Jersey’s Income Tax is a “pay-as-you-go” tax. Credit will not be given on the composite return for esti- You must pay the tax as you earn or receive income mated tax payments made on an individual basis by any throughout the year. If you do not pay enough tax on the of the participating beneficiaries during the tax year. income you received, you may owe interest (see Esti- Line 23 – Tax Paid on Partners Behalf by Partner- mated Tax). ship. Enter “0” (zero) on line 23. |
6 Line 24 – Pass-Through Business Alternative Income Line 27 – Overpayment. If line 20 is less than line 25, Tax Credit. Enter the total shares of tax for participating there is an overpayment. members from Schedule PTE-K-1s received from pass- through entities, or from Schedule NJK-1s received from Line 28 – Refund. Enter on line 28 the amount from estates or trusts. Enclose a copy of Schedule PTE-K-1 line 27 that you want refunded to the estate or trust. or Schedule NJK-1 for each member for which a credit is being claimed. Line 29 – Credit to 2022 Tax. Subtract line 28 from line 27. Enter the result on line 29. This is the amount that Line 25 – Total Payments/Credits. Enter on line 25 the will be credited to the 2022 composite tax liability. total of lines 21 through 24. Line 26 – Amount Due. If line 20 is more than line 25, there is a balance due. Make your check for the total amount payable to “State of New Jersey - TGI.” Instructions for Professional Athletic Teams Line 8 – Wages, salaries, tips and other employee composite return for estimated tax payments made compensation. Enter on this line the combined amount on an individual basis by any of the participating of wages that was paid by the team to the participating nonresident athletes during the tax year. athletes as a result of duty days spent in New Jersey during the tax year. Line 23 – Tax Paid on Partners Behalf by Partner- ship. Enter “0” (zero) on line 23. Lines 9 through 16. Enter “0” (zero) on each of these lines. Line 24 – Pass-Through Business Alternative Income Tax Credit. Enter the total shares of tax for participating Line 17 – Total New Jersey Taxable Income. Enter on members from Schedule PTE-K-1s received from pass- line 17 the total of lines 8 through 16. through entities, or from Schedule NJK-1s received from estates or trusts. Enclose a copy of Schedule PTE-K-1 Line 18 – Tax. Calculate the tax by multiplying the or Schedule NJK-1 for each member for which a credit is amount on line 17 by 10.75%. being claimed. Line 19 – Penalty for Underpayment of Tax. New Jer- Line 25 – Total Payments/Credits. Enter on line 25 the sey’s Income Tax is a “pay-as-you-go” tax. You must pay total of lines 21 through 24. the tax as you earn or receive income throughout the year. If you do not pay enough tax on the income you re- Line 26 – Amount Due. If line 20 is more than line 25, ceived, you may owe interest (see Estimated Tax). there is a balance due. Make your check for the total amount payable to “State of New Jersey - TGI.” To determine the amount of interest for the underpay- ment of estimated tax, complete Form NJ-2210, Under- Line 27 – Overpayment. If line 20 is less than line 25, payment of Estimated Tax by Individuals, Estates, or there is an overpayment. Trusts. Enter on line 19 the amount of interest due from line 19, Form NJ-2210. Fill in the oval at line 19 and en- Line 28 – Refund. Enter on line 28 the amount from close Form NJ-2210 with your return. line 27 that you want refunded to the team. Line 20 – Total Tax and Penalty. Enter on line 20 the Line 29 – Credit to 2022 Tax. Subtract line 28 from line total of lines 18 and 19. 27. Enter the result on line 29. This is the amount that will be credited to the 2022 composite tax liability. Line 21 – Total New Jersey Tax Withheld. Enter on line 21 the total New Jersey Income Tax withheld. Line 22 – Estimated Payments/Credit from 2020 Composite Return. Enter on line 22 the total of: • Estimated tax payments, if any, made by the team for 2021. • Amount, if any, paid to qualify for an extension of time to file. • Credit, if any, applied from the team’s 2020 com- posite return. Credit will not be given on the |
7 Instructions for Schedules A and B Schedule A Schedule B Participant Directory Nonparticipant Directory List all participants. Be sure to include their name, princi- List all members of the filing entity, including partner- pal address, and Social Security number. Indicate each ships and corporations, that have not elected to or are participant’s share of New Jersey taxable income and not qualified to participate in the composite return. Be the amount of New Jersey Gross Income Tax liability. sure to include each member’s name, principal address, Enclose additional sheets if necessary. and Social Security number or EIN. Enclose additional sheets if necessary. Any composite return that is filed on behalf of 25 or more participants must be filed on diskette. See General Dis- If Schedule A is required to be submitted on diskette kette Specifications. because there are 25 or more participants, Schedule B must also be submitted on diskette. Instructions for Completing Form NJ-1080E Every qualified nonresident who chooses to participate in a composite return must read and complete Form NJ-1080E (or a form substantially similar), and return it to the filing entity. Form NJ-1080E must be completed and returned to the filing entity no later than April 15 following the close of the tax year. The election to participate cannot be revoked after April 15. |
8 General Diskette Specifications Form NJ-1080-C Participant and Nonparticipant Directory The New Jersey Division of Taxation requires Participant and Nonparticipant Directory information (Schedules A and B of Form NJ-1080-C) to be filed on diskette or rewritable CD when there are 25 or more participants. Form NJ-1080-C (com- posite return) cannot be filed on a diskette or rewritable CD, but must be filed on the paper return. A filing entity with less than 25 participants can also file on diskette or rewritable CD, but is not required to do so. In addition to the standard format, Form NJ-1080-C Participant and Nonparticipant Directory information can be filed using an EXCEL spreadsheet. (Note: An EXCEL spreadsheet must be saved as a ‘Formatted Text (Space Delimited)’ file (prn). To be compatible, a diskette file must meet the following specifications: (a) Only one “A” record and one “T” record must exist per file. The “A” record identifies the entity for which the partici- pant and nonparticipant directories are being reported and must be the first record on the file. A “D” record for each individual must follow the “A” record. A “D” record must be written for each participant and nonparticipant. The “T” record contains the number of “D” records reported and must be written after the last “D” record. (b) If a diskette was used previously for other data, reformat it before using it for an NJ-1080-C Participant/Nonpartici- pant Directory submittal. (c) All diskettes and rewritable CDs should be virus scanned before submission to the New Jersey Division of Taxation. If the Division of Taxation detects a virus, the diskette(s) may be returned unprocessed. (d) Data must be recorded in UPPERCASE. (e) Each file must contain composite return information for a single tax year only. A file containing multiple tax years will be rejected. (f) The external label must indicate the file name, return year, federal EIN, name of the entity submitting the file, and personal computer operating system/software package used (Example: Windows 10/Excel 2013). (g) A diskette file can consist of multiple diskettes. The external diskette label must indicate the proper sequence (e.g., VOL 1 of 3). If a file consists of multiple diskettes the “A” record must be the first record on the first diskette in the se- quence. The “T” record must be the last record on the last diskette in the sequence. (h) Use the column width indicated for each column for the entire file. |