Notice: CBT Standardized Return for Certain Filers The creation of a new simplified standardized return for combined groups, banking corporations, financial business corporations, and separate return filers designed to replace the CBT-100U, BFC-1, and CBT-100 is underway. However, due to the combination of significant changes to Corporation Business Tax reporting and administration over the last several years, coupled with technical challenges, implementation of the new form is now expected to be effective starting with the 2022 tax year. The divisions of Taxation, and Revenue and Enterprise Services, are committed to providing the best, modernized, and standardized return for these entities with privilege periods ending on or after July 31, 2022. |
State of New Jersey Department of the Treasury Division of Taxation Dear Taxpayer, 2020 has been a challenging year for all of us both in our personal and professional lives. I want to assure you that the Division has been hard at work in our efforts to help taxpayers overcome any compliance challenges they’re facing in these unprecedented times. Our Administration worked together with stakeholders and the legislature on a series of technical corrections, clarifications, and changes in legislation affecting the Corporation Business Tax Act. This collaboration resulted in legislation that was signed into law on November 4, 2020 (P.L. 2020, c. 118). A list of changes from this law is detailed in TB-97, which I encourage you to review. As you file your return, look for the “New for 2020” graphic throughout the instructions, which highlights this year’s tax changes. I’d also like to take this opportunity to highlight a few items of particular importance. • Due Date. The original due date of the Corporation Business Tax returns for Banking and Financial Institutions is now 30 days after the due date of the federal return. For administrative purposes, the Division will use the 15th day of the month following the federal due date unless that results in a less than 30-day filing window. However, the due dates for estimated payments are unaffected by the law. Taxpayers that are required to make estimated payments must still submit such payments on or before the 15th day of the fourth, sixth, ninth, and 12th months. • Reporting Income. All BFC filers must transition to reporting their income in the same manner as other Corporation Business Tax return filers. If a banking corporation files on a fiscal basis for federal purposes, they have the option to transition to a fiscal filing pe- riod for filing their return. • Copy of Federal Return Mandatory. Taxpayers must include a copy of their federal return and any pertinent extracts of the federal return as part of a full and complete New Jersey return. • Surtax. The surtax was extended through December 31, 2023, at the rate of 2.5% on all filers with allocated taxable net income over $1 million. As originally enacted, the surtax was scheduled to decrease from 2.5% to 1.5% for privilege periods beginning on or after January 1, 2020, and expire for privilege periods beginning on or after January 1, 2022. There will not be penalties or interest as- sessed on underpayments resulting from the retroactive application of the increased surtax. • Net Operating Losses. For tax years beginning on and after January 1, 2020, the federal rules and regulations governing consoli- dated return net operating losses and net operating loss carryovers apply to the New Jersey net operating loss carryover provisions to the extent they are consistent with the provisions of the New Jersey Corporation Business Tax Act. If the New Jersey and federal provisions differ, the New Jersey Corporation Business Tax Act provisions govern. New Jersey generally follows the federal rules governing mergers, acquisitions, reorganizations, spin-offs, split-offs, dissolution, bankruptcy, or any form of cessation of a business. New Jersey also follows any other provision of the federal rules that limits or reduces federal net operating losses and federal net operating loss carryovers. • Dividend Exclusion. The tiered dividend exclusion, previously calculated on Schedule RT, has been replaced with a Tiered Subsidi- ary Dividend Pyramid Tax Credit. Looking ahead, I want to make sure you are aware that this is the last year Form BFC-1 will exist in this format. Under P.L. 2020, c.118, the Division has been mandated to create a new and simplified standardized return for privilege periods ending on and after July 31, 2021. For privilege periods ending on and after July 1, 2021, BFC-1 filers will be required to make all payments and submit all returns electronically. If you have questions about filing your return, please visit our website. I know times are still hard for many of us, but the experiences of this past year give me hope for better times and new opportunities ahead Sincerely, John Ficara Acting Director Division of Taxation |
BFC-1 STATE OF NEW JERSEY (12/20) DIVISION OF TAXATION – CORPORATION TAX INSTRUCTIONS FOR BANKING AND FINANCIAL BUSINESS TAX RETURN (Form BFC-1 – 2020) Note: These instructions are applicable only to taxpayers filing on Form BFC-1. The law mandates the creation of a simplified Federal/State Tax Agreement standardized return for privilege periods ending on The New Jersey Division of Taxation and the Internal Revenue and after July 31, 2021. Form BFC-1 will be Service participate in a Federal/State program for the mutual replaced with the new standardized return next exchange of tax information to verify the accuracy and consis- year for filers that have completed the normalized reporting tency of information reported on federal and New Jersey tax process. Banking corporations that have not already transi- returns. tioned away from the historic income reporting method must file transitionary returns, including short period returns if Tax Preparers applicable, on Form BFC-1 to normalize their income Tax preparers who fail to sign the return and provide their as- reporting. signed tax identification number shall be liable for a $25 pen- alty for each failure. If the tax preparer is not self-employed, the name of the tax preparer’s employer and the employer’s tax identification number should also be provided. Before You Begin Read all instructions carefully before completing returns. Include a complete copy of the federal Form Corporations Required to File 1120 (or any other federal corporate return filed) In general, every corporation existing under the laws of the and all related forms and schedules. Corporations State of New Jersey is required to file a Corporation Business that are part of a federal consolidated group must include a Tax return. federal income tax return and the consolidating schedules showing the income statement, balance sheets, and all other In addition, a return must be filed by every foreign corporation supporting information for the taxpayer. that: 1. Holds a general certificate of authority to do business in Personal Liability of Officers and Directors this State issued by the Secretary of State; or Any officer or director of any corporation who shall distribute or 2. Holds a certificate, license, or other authorization issued cause to be distributed any assets in dissolution or liquidation by any other department or agency of this State, authoriz- to the stockholders without having first paid all corporation ing the company to engage in corporate activity within this franchise taxes, fees, penalties and interest imposed on said State; or corporation, in accordance with N.J.S.A. 14A:6-12, N.J.S.A. 3. Derives income from this State; or 54:50-18 and other applicable provisions of law, shall be per- sonally liable for said unpaid taxes, fees, penalties, and inter- 4. Employs or owns capital within this State; or est. Compliance with N.J.S.A. 54:50-13 is also required in the 5. Employs or owns property in this State; or case of certain mergers, consolidations and dissolutions. 6. Maintains an office in this State who, in addition, qualifies as one of the following: Distortion of Net Income (a) a banking corporation defined at N.J.S.A. 54:10A-36, or The Director is authorized to adjust and redetermine items of (b) a financial corporation defined at N.J.A.C. 18:7-1.16. gross receipts and expenses as may be necessary to make Note: Taxpayer must complete Schedule A-7 and submit it a fair and reasonable determination of tax payable under the attached to the BFC-1. Corporation Business Tax Act. For details regarding the con- ditions under which this authority may be exercised, refer to A foreign corporation that is a partner of a New Jersey part- regulation N.J.A.C. 18:7-5.10. nership is deemed subject to tax in the State and must file a return. Accounting Method The return must be completed using the same method of ac- Who may be Subject to Tax. Any domestic or foreign corpo- counting, cash, accrual or other basis, that was employed in ration, joint-stock company or association, and any business the taxpayer’s federal income tax return. conducted by a trustee or trustees wherein interest or own- ership is evidenced by a certificate of interest or ownership Riders or similar written instrument is subject to tax. This includes If space is insufficient, include riders in the same form as the limited partnership associations organized pursuant to N.J.S.A. original printed sheets. The riders must be numbered and 42:3-1 et seq. and foreign limited partnership associations. No clearly list the schedule(s) and line(s) of each corresponding new limited partnership associations shall be formed in New rider item. Jersey after September 21, 1988. In general, limited liability - 1 - |
companies are required to file for New Jersey purposes in the Professional Corporations. Corporations formed under same manner that they report for federal purposes. N.J.S.A. 14A:17-1 et seq. or any similar laws of a possession or territory of the U.S., a state, or political subdivision thereof, Corporations Claiming Nexus Immunity. Foreign corpora- must complete Schedule PC. Examples of licensed profes- tions that meet the filing requirements and whose income is im- sionals include certified public accountants, architects, optom- mune from tax pursuant to Public Law 86-272, must obtain and etrists, professional engineers, land surveyors, land planners, complete Schedule N, Nexus – Immune Activity Declaration, chiropractors, physical therapists, registered professional and all of the schedules from the BFC-1. In addition, taxpayers nurses, dentists, osteopaths, physicians and surgeons, doctors must include a copy of the Nexus Questionnaire. P.L. 86-272 of medicine, doctors of dentistry, podiatrists, veterinarians and, filers are not subject to the surtax imposed by N.J.S.A. 54:10A- attorneys. 5.41, and will enter zero on page 1, line 5. These corporations must remit the minimum tax with the BFC-1. Inactive Corporations. Inactive corporations that, during the period covered by the return, did not conduct any business, did Out-of-Business Corporations. Corporations that are “out of not have any income, receipts or expenses, and did not own business” but have not dissolved or withdrawn their authority to any assets, must complete the Certification of Inactivity section do business in New Jersey, are still obligated to file a return. A on page 1. Payment for the related minimum tax liability and dissolution or withdrawal date must be established on or before the installment payment (if applicable) must be submitted elec- the last day of the current tax period in order to avoid having to tronically. See the Page 1 section for more information. file a return for the next tax period. Combined Reporting New Corporations. Every New Jersey Banking or Financial New Jersey enacted mandatory combined reporting for unitary Corporation acquires a taxable status under the New Jersey businesses for tax years ending on and after July 31, 2019. Corporation Business Tax Act beginning on the date of its in- Groups of companies that have common ownership and are corporation, regardless of whether it had assets or conducted engaged in a unitary business, where at least one member of any business activities. the group is subject to the New Jersey Corporation Business Tax, are required to calculate their tax liability on a combined A tax return must be filed for each fiscal period, or part thereof, basis on Form CBT-100U, Corporation Business Tax Unitary beginning on the date of incorporation in New Jersey. No return Return. may cover a period exceeding 12 months, even by a day. A member of a combined group filing a New Jersey combined A newly chartered banking corporation or a newly authorized return does not have to file a separate return for the privilege foreign financial corporation that did not commence doing busi- period or portion of the privilege period thereof that the tax- ness in New Jersey during the period covered by its first return payer was included as a member of the combined return. A must file Form CBT-100 as a regular corporation. All others combined group member with business operations that are must file returns on Form BFC-1. independent of the unitary business activity of the combined group must report such income on Schedule X. Schedule X is S Corporations. Every corporation that elects to be a New submitted with the combined return. The member will not com- Jersey S corporation must file a “New Jersey S Corporation plete a separate return. or New Jersey QSSS Election” (Form CBT-2553) within one calendar month subsequent to the federal S corporation filing Visit the Division’s website for information about combined requirement. reporting. Combinable Captive Insurance Companies. Combin- Note: A taxpayer that has nexus with New Jersey that is part able captive insurance companies are no longer exempt from of a combined group or affiliated group, but excluded the Corporation Business Tax. If the combinable captive in- from the New Jersey combined return must file a sepa- surance company is not included as a member of a combined rate return. group filing a New Jersey Corporation Business Tax Unitary Return, Form CBT-100U, they must file a New Jersey separate Former Member of Combined Group. A taxpayer that was Corporation Business Tax Return, Form CBT-100. a member of a combined group filing a New Jersey combined return for part of the group privilege period and subsequently Note: A regular captive insurance company that does not departs the combined group to file on a separate entity basis, meet the definition of a combinable captive insurance must report the income for months subsequent to departing company in N.J.S.A. 54:10A-4(y) is still exempt from the the combined group on a separate return (Form BFC-1) unless Corporation Business Tax. the taxpayer joined a second combined group that files a New Jersey combined return. The taxpayer filing a separate return Financial Business Corporations. Corporations that qualify would not report the income on Form BFC-1 for the months as financial businesses, those that derive 75% of their gross during which the member was part of the combined group. income from the financial activities enumerated at N.J.A.C. If determining what amount of income is attributable to the 18:7-1.16(a)1 through (a)7, must file the New Jersey Corpora- portions of the 12-month period are for the periods before and tion Business Tax Return for Banking and Financial Business, after departing a combined group, the taxpayer must prorate Form BFC-1. their income/losses and receipts. These taxpayers do not check the “BFC-1-F Filer” box on page 1 of the return. Note: Banking Corporations and Financial Business Corpora- tions that do not qualify to file Form BFC-1 must com- plete Form CBT-100. - 2 - |
filed Form BFC-200-T. Submit the completed BFC-200-T with When to File payment of the total amount due as reflected on line 8. The 2020 Accounting Periods and Due Dates tentative return must be postmarked on or before the original The 2020 Corporation Business Tax return should only be due date of the tax return. If a request for extension is duly used for accounting periods ending on and after July 31, 2020, made, it will be granted by the Division. Approved extensions through June 30, 2021. Most banking corporations must report will not be confirmed in writing. on a calendar year basis (see N.J.S.A. 54:10A-34). However, financial corporations can report on a fiscal year basis. An extension of time is granted only to file your New Jersey Corporation Business Tax return. There is no extension of time For privilege periods ending on and after July 31, to pay the tax due. The Division will notify you only if we deny 2020, the due date for all Corporation Business Tax your extension request, but not until after you actually file your returns and payments except estimated payments is return. Penalties and interest are imposed whenever tax is paid 30 days after the original due date of the federal corporate in- after the original due date. come tax return. If the due date falls on a weekend or a legal holiday, the return and payment are due on the following busi- Note: An extension payment must include any applicable ness day. Use the following schedule for the 2020 BFC-1 and professional corporation (PC) fees and/or installment payments: payments. If accounting July 31, Aug. 31, Sept. 30, Oct. 31, Nov. 30, Dec. 31, period ends on: 2020 2020 2020 2020 2020 2020 Due date for Dec. 15, Jan. 15, Feb. 15, Mar. 15, Apr. 15, May 15, Payment of Tax filing is: 2020 2021 2021 2021 2021 2021 The balance of tax due must be paid in full by the original due If accounting Jan. 31, Feb. 28, Mar. 31, Apr. 30, May 31, June 30, date of the return. period ends on: 2021 2021 2021 2021 2021 2021 Due date for June 15, July 15, Aug. 15, Sept. 15, Oct. 15, Nov. 15, filing is: 2021 2021 2021 2021 2021 2021 In addition, corporations are required to make installment pay- ments of estimated tax. The requirement for making these pay- Note: The start of the 2020 filing season was delayed due to ments is based on the amount of the total tax liability shown on changes to the Corporation Business Tax statutes. Infor- the most recent return. mation on affected due dates is available on the Division of Taxation’s website. • If the 2020 total tax liability is greater than $500, the taxpayer must make installment payments towards 2021. Calendar or fiscal accounting year is the same accounting pe- These payments are remitted on Form BFC-150 and are riod that the taxpayer is required to report to the United States due on or before the 15th day of the 4th, 6th, 9th and 12th Treasury Department for federal income tax purposes. Please months of the tax year. Taxpayers with gross receipts note the ending month of the accounting period for federal greater than or equal to $50,000,000 must make installment returns and New Jersey returns must match, however, the tax payments on the 15th day of the 4th, 6th, and 12th months return year for the federal and State returns may differ. (i.e., a of the tax year. tax year ending 8/31/20 may be filed on a 2019 federal Form • installment 1120; the same tax year must be filed on a 2020 NJ BFC-1.) All If the 2020 total tax liability is $500 or less, payments may be made as indicated above accounting periods must end on the last day of the month, ex- OR in lieu of making installment payments, the taxpayer may make a cept that taxpayers may use the same 52-53 week accounting payment of 50% of the 2020 total tax liability. year that is used for federal income tax purposes. See N.J.A.C. 18:7-2.3. Returns for prior tax years are available on the Divi- sion’s website. How to Pay Make remittance payable to “State of New Jersey – BFC.” BFC-1-F Filers. A banking corporation filing as part of a com- Send payments to the address listed on the form being bined group that uses a fiscal year basis must align its tax year remitted. with the combined group. To do so, the corporation must file a short period return that covers January 1 through the end of Tax return payments must be forwarded with the return to: Di- the month of the combined group’s group privilege period. In vision of Taxation – BFC, Revenue Processing Center, PO Box addition, the corporation must notify the Division that it is con- 247, Trenton, NJ 08646-0247. verting to a fiscal year basis by checking the box on page 1 of the return indicating that it is filing as a “BFC-1-F Filer.” Make a separate remittance for each return. Do not remit the tax for two or more returns in one check. For more information, see Technical Bulletin TB-91, Banking Corporations and Combined Returns. To make payments electronically, go to the Division of Taxa- tion’s website. Taxpayers who do not have access to the inter- Pursuant to Section 16 of P.L. 2020, c. 118, all banking cor- net can call the Division’s Customer Service Center at (609) porations must file transitionary returns even if they are 292-6400. not members of a combined group. A banking corporation that has not already transitioned away from the historic income Taxpayers with a prior year liability of $10,000 or more in any reporting method must file transitionary returns on Form BFC-1 tax are required to make their payments for all taxes by Elec- to normalize its income reporting and check the “BFC-1-F Filer” tronic Funds Transfer (EFT). For information or to enroll in the box on page 1 of the return. program, visit the Division of Revenue and Enterprise Services’ website at www.nj.gov/treasury/revenue/eft1.shtml, call (609) 984-9830, fax (609) 292-1777, or write to NJ Division of Reve- Extension of Time to File nue and Enterprise Services, EFT Section, PO Box 191, Tren- Corporations will automatically receive a six-month extension ton, NJ 08646-0191. only if they have paid at least 90% of the tax liability and timely - 3 - |
Note: Taxpayers who are required to remit payments by EFT Transacting Business Without a Certificate of Authority. In can satisfy the EFT requirement by making e-check or addition to any other liabilities imposed by law, a foreign corpo- credit card payments. ration that transacts business in this State without a certificate of authority shall forfeit to the State a penalty of not less than For privilege periods ending on and after July 31, $200, nor more than $1,000 for each calendar year, not more 2021, the new standardized return and payments than 5 years prior thereto, in which it shall have transacted must be filed electronically. business in this State without a certificate of authority. N.J.S.A. 14A:13-11(3). Penalties and Interest Amended Returns Insufficiency Penalty. If the amount paid with the Tentative To amend Form BFC-1, use the BFC-1 for the appropriate tax Return, Form BFC-200-T, is less than 90% of the tax liability year. For returns ending prior to July 31, 2019, taxpayers must computed on Form BFC-1, or in the case of a taxpayer whose write “AMENDED RETURN” clearly on the front page of the preceding return covered a full 12-month period, is less than form. Beginning with returns for tax year 2019, a check box the amount of the tax computed at the rates applicable to the has been added to the form for taxpayers to indicate the return current accounting year but on the basis of the facts shown is being amended. Mail all amended returns to: State of New and the law applicable to the preceding accounting year, the Jersey, Division of Taxation, Special Audit Group, PO Box 271, taxpayer may be liable for a penalty of 5% per month or part Trenton, NJ 08695-0271. of a month not to exceed 25% of the amount of underpayment from the original due date to the date of actual payment. Final Determination of Net Income by Federal Government. Any change or correction made by the Internal Revenue Ser- Late Filing Penalty. 5% per month or part of a month on the vice to the federal taxable income must be reported to the Divi- amount of underpayment not to exceed 25% of that underpay- sion within 90 days. ment, except if no return has been filed within 30 days of the date on which the first notice of delinquency in filing the return was sent, the penalty will accrue at 5% per month or part of a Page 1 Line-by-Line Instructions month of the total tax liability not to exceed 25% of such tax Enter the federal employer identification number, corporation liability. Also, a penalty of $100 for each month the return is de- name and complete address and ZIP Code in the space pro- linquent may be imposed. vided on the return. Late Payment Penalty. 5% of the balance of tax due paid after Check the appropriate box to indicate whether this return is the due date for filing the return may be imposed. being filed for: Interest. 3% above the average predominant prime rate for • BFC-1-F filer*; or every month or part of a month the tax is unpaid, compounded • Banking corporation; or annually. At the end of each calendar year, any tax, penalties and interest remaining due will become part of the balance on • Financial corporation. which interest will be charged. The interest rates assessed by the Division of Taxation are published online. * A BFC-1-F filer is a banking corporation that (1) is filing to align its tax year with the combined group with which it will be Note: The average predominant prime rate is the rate as filing in the future, or (2) is filing transitionary returns to nor- determined by the Board of Governors of the Federal malize its income reporting. Reserve System, quoted by commercial banks to large businesses on December 1st of the calendar year im- Provide the remaining information requested on the top por- mediately preceding the calendar year in which payment tion of the return. The federal business activity code should was due or as redetermined by the Director in accor- be taken from the taxpayer’s federal tax return. Provide the dance with N.J.S.A. 54:48-2. location of the corporate books as well as a contact person and phone number. If the corporation is a professional corpo- Collection Fees. In addition, if the tax bill is sent to our collec- ration, check the box indicating this status. See the Corpora- tion agency, a referral cost recovery fee of 10.7% of any tax, tions Required to File section for information on the types of penalty, and interest due will be added to the liability in accor- corporations. dance with N.J.S.A. 54:49-12.3. If a certificate of debt is issued for the outstanding liability, a fee for the cost of collection of the Check the appropriate box to indicate whether this is the initial tax may also be imposed. return or an amended return. Underpayment of Estimated Tax. To calculate the amount of All corporations must complete page 1, the Annual General interest for the underpayment of estimated tax, complete either Questionnaire, and Schedules A (Parts I, II, and III), A-2, A-3, Form BFC-160-A or Form BFC-160-B. If the taxpayer qualifies A-4, and A-GR of the return. for any of the exceptions to the imposition of interest for any of the installment payments, Part II must be completed and sub- Line 1 – Tax Base mitted with the return as evidence of such exception. Enter amount from line 3 of Schedule A, Part III. Civil Fraud. If any part of an assessment is due to civil fraud, Line 2 – Amount of Tax there shall be added to the tax an amount equal to 50% of the Multiply line 1 by the applicable tax rate: assessment in accordance with N.J.S.A. 54:49-9.1. - 4 - |
• If line 1 is greater than $100,000, the tax rate is 9% (.09). making installment payments, the taxpayer may make a payment of 50% of the 2020 total tax liability. For taxpayers • If line 1 is greater than $50,000 and less than or equal who qualify and want to take advantage of this option, enter to $100,000, the tax rate is 7.5% (.075). Tax periods of less on line 7, 50% of the amount on line 6. This will become than 12 months qualify for the 7.5% rate if the prorated tax- part of the payment to be made with the 2020 return and able net income does not exceed $8,333 per month. installment payments will not be required. This payment • If line 1 is $50,000 or less, the tax rate is 6.5% (.065). Tax should be claimed as a credit when filing the 2021 return. periods of less than 12 months qualify for the 6.5% rate if the prorated taxable net income does not exceed $4,166 Line 8 – Professional Corporation Fees per month. Enter amount from Schedule PC, Part II, line 7. Line 3 – Tax Credits Note: Check the box on page 1 to indicate the corporation is a Enter amount from Schedule A-3, Part I, line 28. Include the professional corporation. applicable credit form(s) with the return. See Schedule A-3 in- structions for more information. See Schedule PC instructions for information about filing re- quirements and examples of professional corporations. Line 4 – CBT Tax Liability Subtract line 3 from line 2. If this amount is less than $2,000, Line 9 – Total Tax and Professional Corporation Fees see Schedule A-GR instructions to determine if there is a mini- Enter the total of lines 6, 7, and 8. mum tax liability. Line 10a – Payments and Credits Line 5a – Surtax Include on this line: Every business entity that is subject to the Corporation Busi- ness Tax is also subject to the surtax if the business entity has • Installment tax payments made for 2020; an allocated taxable net income in excess of $1,000,000. • Amounts paid with tentative return (form BFC-200-T); Public utilities and New Jersey S corporations (as defined in N.J.S.A. 54:10A-4(q) and N.J.S.A. 54:10A-4(p), respectively) • Any overpayment from the preceding tax return that the are exempt from the surtax. taxpayer elected to have credited to the current year’s tax. Do not include any amount of the overpayment that the tax- Multiply the amount on Schedule A, Part III, line 1 by the appli- payer elected to have refunded. cable surtax rate. The rate is 2.5% for tax years beginning on or after January 1, 2018, through December 31, 2023. Note: Professional corporation installment payments from the prior year may not be used to offset any current year tax Line 5b – Pass-Through Business Alternative In- liability and are not eligible for refund. come Tax Credit Applied to Surtax Enter the amount from Form 329. Do not enter more Line 10b – Payments made by Partnerships than the amount of surtax on line 5a. Include Form 329 with the Include the total payments made by partnerships on behalf of return. See Form 329 instructions for more information. the taxpayer that are reported in column 7 on Schedule P-1. Submit copies of the NJK-1s or K-1s (as applicable) reflecting Line 5c – Balance of Surtax payments made by each partnership entity. Subtract line 5b from line 5a and enter the result. Line 10c – Refundable Tax Credits Line 6 – Tax Due Enter the amount from Schedule A-3, Part II, line 5. Include Add the balance of surtax calculated on line 5c to the greater the applicable credit form(s) with the return. See Schedule A-3 of line 4 or minimum tax due from Schedule A-GR. instructions for more information. Note: If taxpayer is using a tax credit that can be applied to Amount Due or Overpayment – Lines 11–17 100% of the tax liability, add the surtax (if applicable) to Compare lines 10d and 9. any remaining liability not exhausted on the credit form • If line 10d is less than line 9, you have a balance due. Com- and enter the amount on line 6. plete lines 11, 12, and 13. Line 7 – Installment Payment • If line 10d is more than line 9, you have an overpayment. Taxpayers are required to make installment payments of es- Complete line 12 (if applicable) and lines 14 through 17. timated tax. The requirement for making these payments is based on the amount of the total tax liability shown on the most Line 11 – Balance of Tax Due recent return. Subtract line 10d from 9 and enter the difference. • If the 2020 Total Tax Liability is greater than $500, the Line 12 – Penalty and Interest Due taxpayer must make installment payments towards 2021. Include any penalties and interest. See the Penalties and Inter- These payments are remitted on Form BFC-150 and are est section for information. due on or before the 15th day of the 4th, 6th, 9th, and 12th months of the tax year. Taxpayers with gross receipts Note: If the taxpayer has an overpayment or no tax liability greater than or equal to $50,000,000 must make installment and has calculated penalties and interest due, such payments on the 15th day of the 4th, 6th, and 12th months amounts must be added to the balance due line or sub- of the tax year. tracted from the overpayment. • If the 2020 Total Tax Liability is $500 or less, installment Line 13 – Total Balance Due payments may be made as indicated above OR in lieu of Enter the total of line 11 and line 12. - 5 - |
Line 14 – Amount Overpaid 54:10A-4.15 are special deductions taken below line 28 for fed- Subtract the sum of line 9 and line 12 (if applicable) from the eral purposes. amount on line 10d. To avoid double reporting the income on Sched- Line 15 – Refund ule A, Part I, taxpayers must reduce the amounts Enter the amount of your overpayment that you want refunded. reported on any other lines by the amount of the FDII and GILTI included on lines 4b and 4c. Line 16 – Credit to 2021 Enter the amount of your overpayment that you want to credit Current year I.R.C. § 951A and I.R.C. § 250(b) amounts are to your 2021 tax liability. not dividends nor are they deemed dividends; they are their own category of income. FDII and GILTI are included on differ- Line 17 – Credit to a Combined Group ent lines for federal and New Jersey purposes. Enter the amount of your overpayment that you want to credit to a combined group. Also include the Unitary ID Number and Note: There is an equivalent deduction allowable for New Jer- tax return year to which it is to be applied. sey purposes in the amount of the deduction allowable and taken for federal purposes under I.R.C. § 250(a). Note: An overpayment of tax by a corporation can only be In completing Schedule A, a taxpayer must include credited to a combined group of which the corporation is the gross amounts of the income reported for federal a member. purposes pursuant to I.R.C. § 951A and I.R.C. § 250. A deduction is allowed based on the same amounts of the Certification of Inactivity deductions that were taken and allowed for federal pur- Inactive corporations must complete page 1, the Annual Gen- poses. See Schedule A, Part II, lines 14a and 14b. eral Questionnaire, and Schedules A (Parts I, II, and III), A-2, A-3, A-4, and A-GR of the BFC-1. A corporate officer must sign Line 8 and Line 9 and certify that the corporation did not conduct any business, Include a rider or schedules showing the same information did not have any income, receipts, or expenses, and did not shown on federal Form 1120, Schedule D and/or Form 4797. own any assets during the entire period covered by the tax Gains and losses resulting from the disposition of property return. where an I.R.C. § 179 expense deduction was passed through to S corporation shareholders are not reported on federal Form Signature 4797, and should be reported on Schedule A, Part I, line 10. Each return must be signed by an officer of the corporation If a sale of shares of stock or partnership interest resulted in a who is authorized to attest to the truth of the statements con- taxable transfer of a controlling interest in certain commercial tained therein. The fact that an individual’s name is signed on real property under N.J.S.A. 54:15C-1, indicate on a rider. the return shall be prima facie evidence that such individual is authorized to sign the return on behalf of the corporation. Line 28 – Taxable income before federal net operating loss deductions and federal special deductions Tax preparers who fail to sign the return or provide their The amount on line 28 must agree with line 28, page 1, of the assigned tax identification number shall be liable for a taxpayer’s unconsolidated federal Form 1120 or the appropri- $25 penalty for each such failure. If the tax preparer is not ate line from the appropriate line of any other federal corporate self-employed, the name of the tax preparer’s employer return filed. and the employer’s tax identification number should also be provided. In the case of a corporation in liquidation or in the If the corporation has not filed a separate federal income tax hands of a receiver or trustee, certification shall be made by return, taxpayer must explain and reconcile the differences on the person responsible for the conduct of the affairs of such a rider. corporation. Taxpayers must include a copy of the federal return and any forms or schedules that accompa- Annual General Questionnaire nied the return that was filed with the Internal Rev- All taxpayers must answer all questions on this schedule. If enue Service. Failure to include the forms and necessary, include a rider detailing the information requested in schedules will result in an incomplete New Jersey Corpora- the questions. tion Business Tax return and the taxpayer may be assessed penalties and interest for noncompliance. Schedule A Every taxpayer must complete this schedule. Part II – Modifications to ENTIRE NET INCOME Additions Part I – Computation of Entire Net Income Line 1 – Taxable income/(loss) Lines 4b and 4c – FDII and GILTI Enter the amount from Schedule A, Part I, line 28. For tax years beginning on and after January 1, 2018, the gross I.R.C. § 951A and the gross I.R.C. § 250(b) amounts Line 3 – Other federally exempt income included in income for federal purposes must be included for For tax years beginning on and after January 1, 2018, all in- New Jersey purposes. Enter the gross I.R.C. § 951A (GILTI) come that was exempt for federal income tax purposes under and/or the gross I.R.C. § 250(b) (FDII) amounts. Include a copy any provision of the Internal Revenue Code or any federal law of federal Forms 8993 and 8992 that were completed and sub- must be added back. If such amounts were not added back on mitted with federal Form 1120. Do not enter the net numbers. any other line of Schedule A, include such amounts on line 3 The I.R.C. § 250(a) deductions are taken in Schedule A Part and include a rider detailing such amounts and such provisions II since the I.R.C. § 250(a) deductions permitted by N.J.S.A. of the Internal Revenue Code. - 6 - |
Line 4 – Interest on federal, state, municipal, and other not taxed by New Jersey. Schedule PT is available on the Divi- obligations sion’s website. Include any interest income that was not taxable for federal in- come tax purposes and was not included in taxable net income Lines 14a and 14b – I.R.C. § 250(a) deduction reported on line 1. If line 1 includes GILTI and/or FDII amounts, enter the amount of the deduction allowable and taken for federal purposes un- Line 5 – New Jersey State and other states taxes der I.R.C. § 250(a) on the appropriate line. Include a copy of Enter the total taxes paid or accrued to the United States, a federal Form 8992 and/or 8993. possession or territory of the United States, a state, a political subdivision thereof, or the District of Columbia, or to any for- Line 14c – Net GILTI previously taxed by New Jersey eign country, state, province, territory or subdivisions thereof, Enter the amount of net GILTI previously taxed by New Jersey on or measured by profits or income, business presence or not deducted or excluded elsewhere on the return. Include a business activity, including any foreign withholding tax, or any rider detailing the amount of GILTI that was previously taxed sales and use tax paid by a utility vendor, taken as a deduction and the years in which the tax was paid. in Part I of Schedule A and reflected in line 28. For additional information see Technical Bulletin TB-80, Addback of Other Line 15 – I.R.C. § 78 Gross-up States’ Taxes, and the Schedule H instructions The portion of any I.R.C. § 78 gross-up included in dividend income on line 4 of Schedule A, Part I, that is not excluded/ Line 6 – Related party interest addback deducted from taxable net income elsewhere, may be de- Enter the total amount of interest deducted on Schedule A that ducted on this line. Include a copy of federal foreign tax credit, was paid to related members and reported on Schedule G, Form 1118. Part I. See Schedule G instructions for more information. Note: I.R.C. § 78 gross-up amounts cannot be included in Line 7 – Related party intangible expenses and costs the dividend exclusion calculation on Schedule R or addback Form 332, which is the form used to calculate the Tiered Enter the total amount of intangible expenses and costs de- Subsidiary Dividend Pyramid Tax Credit. In addition, if ducted on Schedule A that was paid to related members and any portion of the Section 78 amount is included in the reported on Schedule G, Part II. See Schedule G instructions taxpayer’s Section 250 deduction, the amount being de- for more information. ducted on line 15 must be reduced accordingly. Line 9 – Depreciation modification being added to income Line 17a – Nonoperational Activity Enter the depreciation and other adjustments being added to Enter the net effect of the elimination of nonoperational activity income. See Schedule S instructions for more information. from Schedule O, Part I, line 36. Schedule O is available on the Division’s website. Line 10 – Other additions Report any other additions to income for which a place has not Line 17b – Nonunitary Partnership Income been provided somewhere else on the return. This includes, Enter the net effect of the elimination of nonunitary partnership but is not limited to: income and expenses from Schedule P-1, Part II, line 4. • I.R.C. § 199A amounts that were deducted for federal Line 18 – Other deductions purposes; Report any other deduction adjustments for which a place has not been provided somewhere else on the return. The taxpayer • Any deductions for research and experimental expenditures, must include a rider detailing the information. to the extent that those research and experimental expen- ditures are qualified research expenses or basic research Line 19 – Total Deductions payments for which an amount of credit is claimed pursuant Add line 12 through line 18 and enter the total. to section 1 of P.L.1993, c.175 (C.54:10A-5.24) unless those research and experimental expenditures are also used to Line 20 – Entire Net Income/(Loss) Subtotal compute a federal credit claimed pursuant to I.R.C. § 41. Subtract line 19 from line 11 and enter the total. Include separate riders explaining any items reported. Line 21 – Allocation Factor from Schedule J Line 11 – Taxable income/(loss) with additions Enter allocation factor from Schedule J. If all receipts were Add line 1 through line 10 and enter the total. derived from only New Jersey sources, enter 1.000000. See Schedule J instructions for more information. Deductions Line 22 – Allocated entire net income/(loss) before net op- Line 12 – Depreciation modification being subtracted from erating loss deductions and dividend exclusion income Multiply line 20 by line 21 and enter the result. Enter the depreciation and other adjustments being sub- tracted from income. See Schedule S instructions for more • If the amount is zero or less, this is the taxpayer’s current information. year net operating loss that can be carried forward as a post-allocation net operating loss (NOL) deduction to a suc- Line 13 – Previously Taxed Dividends ceeding tax period pursuant to N.J.S.A. 54:10A-4(v). If line 1 includes any dividends that were previously taxed for New Jersey purposes, complete Schedule PT and Schedule R • If the amount is a positive number, the taxpayer must to determine the amount that can be deducted. Include only first use any unused unexpired prior net operating loss dividends that were taxed in a prior tax year by New Jersey. conversion carryovers pursuant to N.J.S.A. 54:10A-4(u). Do no include any federal previously taxed income that was This deduction occurs on Schedule A, Part II, line 23. If the - 7 - |
taxpayer does not have any unused unexpired prior net op- periods, if such a taxable member leaves the New Jer- erating loss conversion carryovers, enter zero. sey combined group and files a New Jersey separate return, the taxpayer may use their share of the com- Note: A net operating loss is the excess of allowable deduc- bined group post-allocation net operating loss carryover tions over gross income used in computing entire net deduction that the taxpayer took with them when the income. Neither a net operating loss deduction nor the taxpayer left the New Jersey combined group and de- dividend exclusion is an allowable deduction in comput- duct said post-allocation net operating loss carryover ing a net operating loss. Post-allocation net operating deduction on Schedule A, Part II, line 25. losses expire 20 privilege periods after the loss was originally generated. Information on the net operating Line 26 – Allocated entire net income before allocated div- losses must be detailed on Form 500. idend exclusion Subtract line 25 from line 24 and enter the result. If the amount Net operating losses/net operating loss carryovers is zero or less, enter zero here and on line 32. now occur on a post-allocation basis. If the tax- payer has net operating losses from before Line 27 – Allocated Dividend Exclusion Enter the amount from Schedule R, line 13. See Schedule R July 31, 2019, those unused unexpired pre-alloca- instructions for more information. tion net operating loss carryovers must be converted to prior net operating loss conversion carryovers using the allocation The amount of the dividend exclusion allowed to be Note: factor from the taxpayer’s last tax year prior to the change to taken as a deduction is limited to the amount of income post-allocation net operating losses. For more information, reported on line 26 for the tax year. see Technical Bulletin, TB-94, General Information on the New Net Operating Loss Regime for Tax Years Ending on Pursuant to N.J.S.A. 54:10A-4(k)(5), N.J.S.A. 54:10A-4(u), and After July 31, 2019. N.J.S.A. 54:10A-4(v), and N.J.S.A. 54:10A-4(w), the dividend exclusion is now an allocated exclusion. Line 23 – Prior year net operating loss (PNOL) deduction Any unused and unexpired net operating loss carryovers that Line 29 – Taxable net income subtotal before I.B.F. were calculated on a pre-allocation basis (net operation losses exclusion from tax years ending prior to July 31, 2019) must be con- Subtract line 27 from line 26 and enter the result. verted to an allocated prior net operating loss conversion carry- over (PNOL) before they can be used. Line 30 – International Banking Facility Exclusion A banking corporation that is operating as an International To calculate a PNOL conversion carryover, a taxpayer must Banking Facility may be eligible for an I.B.F. exclusion. first calculate its pre-allocated net operating losses for each Information on the exclusion can be found at N.J.A.C. preceding privilege period, then multiply those amounts by its 18:7-5.2(a)2vii and N.J.A.C. 18:7-16. allocation factor from the last privilege period ending prior to July 31, 2019. Use Worksheet 500-P (Prior Net Operating Loss Line 31 – Allocated I.B.F. Exclusion. Multiply the I.B.F. exclu- Conversion Worksheet) to calculate the conversion. See Form sion on line 30 by the allocation factor reported on line 21, and 500 instructions for more information. enter the amount. Note: PNOLs expire 20 privilege periods after the loss was Line 32 – Taxable net income originally generated. Subtract lines 31 from line 29 and enter the total. Line 24 – Allocated entire net income before post alloca- Part III – Computation of New Jersey Tax Base tion net operating loss deduction Line 1 – Taxable net income Subtract line 23 from line 22 and enter the result. Enter the amount from Schedule A, Part II, line 32. • If the amount is zero or less, skip lines 25 through 31 and enter zero on line 32. Line 2a – Allocated New Jersey Nonoperational Income Enter the amount from Schedule O, Part III. See Schedule O • If the amount is a positive number, continue to line 25. for more information. The schedule is available on the Divi- sion’s website. Line 25 – Post-allocation net operating loss (NOL) deduction Note: Taxpayers cannot net nonoperational losses against op- Taxpayers with net operating losses generated in tax years erational income. ending on and after July 31, 2019, can use such losses as a post-allocation net operating loss deduction. A post allocation Line 2b – Allocated Nonunitary Partnership Income net operating loss can be carried forward for 20 privilege pe- Enter the amount from Schedule P-1, Part II, line 5. See riods. The post allocation net operating loss deduction is sub- Schedule P-1 instructions for more information. tracted from allocated entire net income after the taxpayer uses all of its PNOLs if the taxpayer still has allocated entire net Note: Taxpayers cannot net nonunitary partnership losses income after the PNOL subtraction. See Form 500 instructions against operational income. for more information. Line 3 – Tax Base Note: A taxable member that leaves a New Jersey combined Add line 1 to line 2a and/or line 2b, if applicable, and enter the group may take their share of the combined group total. post-allocation net operating loss carryover when leaving the combined group. In subsequent privilege - 8 - |
New Jersey Gross Receipts Schedule A-2 Minimum Tax Cost of Goods Sold Less than $100,000 $500 The amounts reported on this schedule must be the same as $100,000 or more but less than $250,000 $750 the amounts reported on the taxpayer’s Form 1125-A of the $250,000 or more but less than $500,000 $1,000 federal return. $500,000 or more but less than $1,000,000 $1,500 $1,000,000 or more $2,000 If a taxpayer is filing a separate return and is a member of an Schedule A-3 affiliated or controlled group (as per I.R.C. § 1504 or § 1563) Summary of Tax Credits that has a total payroll of $5,000,000 or more for the tax year, This schedule must be completed if any tax credits are being the minimum tax is $2,000 regardless of the amount of the tax- claimed for the current tax period. Any tax credit(s) claimed on payer’s New Jersey gross receipts. In such instances, Sched- this schedule must be documented with a valid New Jersey ule A-GR need not be completed. Tax years of less than 12 Corporation Business Tax Credit Form and must be included months are subject to the higher minimum tax if the prorated with the tax return. See the Additional Forms and Instructions total payroll exceeds $416,667 per month. Total payroll refers section for a list of available credit forms and for instructions to the total payroll of the affiliated group rather than total New on obtaining them. If the taxpayer is claiming a valid tax credit Jersey payroll of a single corporation. Taxpayers that are mem- that is allowable in accordance with the New Jersey Corpora- bers of an affiliated or controlled group must submit a schedule tion Business Tax Act for which a place has not been provided of payroll per member and a copy of the taxpayer’s federal somewhere else on the schedule, report the amount on line 27 affiliations schedule, Form 851, with the return. of Schedule A-3. The minimum tax cannot be prorated. In general, zero (0) Part I – Tax Credits Used Against Liability returns are not permitted. The total on line 28 must equal the amount reported on page 1, line 3. Amounts to be entered are calculated on the credit forms. See the specific New Jersey Corporation Business Tax Credit Form for information about each credit. Schedule A-7 Gross Income Test for Financial Businesses Note: Most tax credits cannot reduce the tax liability below the Financial businesses must derive 75% of their gross in- minimum tax. However, there are rare instances where it come from the financial activities enumerated at N.J.A.C. can. Follow the instructions on the credit form regarding 18:7-1.16(a)1 through (a)7. Qualifying corporations must how and where to record the information to ensure the complete Schedule A-7 and file it along with the tax re- credit is properly offsetting the tax liability. turn Form BFC-1. Taxpayers who do not meet the 75% gross income test must file the Corporation Business Tax Return, Part II – Refundable Tax Credits Form CBT-100. For more information on Schedule A-7, write If the credit form calculates an amount to be refunded, enter to: Special Audit Section, Division of Taxation, PO Box 271, the refundable portion on the appropriate line. The total on Trenton, NJ 08695-0271, or call (609) 292-5300. Questions line 5 must equal the amount reported on page 1, line 10c. regarding banking facilities and financial businesses can be directed to (609) 292-5300. Schedule A-4 Summary Schedule Schedule B Every corporation must complete this schedule. Report the Balance Sheet information on each line of Schedule A-4 from the return Every taxpayer must either complete this schedule or submit a schedules indicated. All lines must be completed as applicable. copy of the Schedule L that was filed with their federal return. Non-allocating taxpayers must enter 1.000000 on the appropri- The amounts reported must be the same as the year-end fig- ate line(s). ures shown on the taxpayer’s books. Where applicable, data must match amounts reported on Schedule L of the federal return. If not, explain and reconcile on rider. Consolidated in- formation is not permitted on separate returns. If the taxpayer Schedule A-GR is included in a consolidated federal income tax return, this Computation of New Jersey Gross Receipts and schedule must be completed by the taxpayer on its own sepa- Minimum Tax rate basis. If the amount reported on page 1, line 4 is less than $2,000, complete this schedule. Enter the greater of the computed tax liability or the amount from Schedule A-GR, line 7 onto BFC-1, page 1, line 6. Schedule C and Schedule C-1 Reconciliation of Income per Books The minimum tax is assessed based on the New Jersey Gross with Income per Return AND Analysis of Receipts as follows: Unappropriated Retained Earnings per Books Every corporation must either complete these schedules or submit copies of Schedules M-1, M-2, and M-3 that were filed with its federal Form 1120. The copies must be legible and each page must include the taxpayer’s name and tax identifica- tion number. - 9 - |
Note: Line 8 of Schedule M-2 must correspond with the unap- fees, (4) licensing fees, and (5) other similar expenses and propriated retained earnings reported for the end of the costs. tax year on Schedule B. Intangible Property means patents, patent applications, trade If the taxpayer is part of a consolidated filing but is filing a sep- names, trademarks, service marks, copyrights, mask works, arate return in New Jersey, the taxpayer must provide a copy trade secrets and similar types of intangible assets. of the Schedule M-3 that was filed federally and a rider detail- ing the separate entity basis calculation. Intangible Interest Expenses and Costs means amounts directly or indirectly allowed as deductions under I.R.C. § 163 for purposes of determining taxable income under the code to the extent such expenses and costs are directly or indirectly Schedule F for, related to, or in connection with the direct or indirect acqui- General Information and Compensation sition, maintenance, management, ownership, sale, exchange All applicable information should be provided for each corpo- rate officer regardless of whether compensation was received. or disposition of intangible property. The date reported on Schedule F must match what is reported Part I – Interest on federal Form 1125-E. Interest paid, accrued, or incurred to related members that was deducted in computing taxable net income on line 28, Part I, Schedule A, must be reported on Schedule G, Part I. If Schedule G the taxpayer is claiming an exception to the disallowance, com- Interest plete and include Schedule G-2, and include the appropriate If the taxpayer is claiming an exception to the disallowance of amount on Schedule G, Part I, line 1b. Schedule G-2 is available the expense reported in Part I or Part II of Schedule G, the tax- on the Division’s website. payer must complete and include Schedule G-2. Schedule G-2 is available on the Division’s website. Do not include interest expenses and costs that were deducted directly or indirectly for, related to, or in connection with the Definitions direct or indirect acquisition, maintenance, management, own- Related member means a person that, with respect to the ership, sale, exchange, or disposition of intangible property in taxpayer during all or any portion of the tax year is (1) a related Part I of Schedule G. entity, (2) a component member as defined in subsection (b) of I.R.C. § 1563, (3) a person to or from whom there is attribution Part II – Interest expenses and costs and intangible ex- of stock ownership in accordance with subsection (e) of I.R.C. penses and costs § 1563, or (4) a person that, notwithstanding its form of organi- Interest expenses and costs and intangible expenses and zation, bears the same relationship to the taxpayer as a person costs directly or indirectly paid, accrued, or incurred to, or in described in (1) through (3) of this definition. connection directly or indirectly with one or more direct or in- direct transactions with one or more related members which Related entity means (1) a stockholder who is an individual were deducted in computing taxable net income on line 28, or a member of the stockholder’s family enumerated in I.R.C. Part I, Schedule A, must be reported on Schedule G, Part II. If § 318, if the stockholder and the members of the stockholder’s the taxpayer is claiming an exception to the disallowance, com- family own, directly, indirectly, beneficially or constructively, plete and include Schedule G-2, and include the appropriate in the aggregate, at least 50% of the value of the taxpayer’s amount on Schedule G, Part II, line 1b. Schedule G-2 is avail- outstanding stock; (2) a stockholder, or a stockholder’s partner- able on the Division’s website. ship, limited liability company, estate, trust or corporation, if the stockholder and the stockholder’s partnerships, limited liability companies, estates, trusts and corporations own directly, indi- Schedule H rectly, beneficially or constructively, in the aggregate, at least 50% of the value of the taxpayer’s outstanding stock; or (3) a Taxes Itemize all taxes that were in any way deducted in arriving at corporation, or a party related to the corporation in a manner taxable net income, whether reflected in Schedule A, Part I at that would require an attribution of stock from the corporation line 2 (Cost of goods sold and/or operations), line 17 (Taxes), to the party or from the party to the corporation under the line 26 (Other deductions) or anywhere else on Schedule A. attribution rules I.R.C. § 318, if the taxpayer owns, directly, in- directly, beneficially or constructively, at least 50% of the value of the corporation’s outstanding stock. The attribution rules of I.R.C. § 318, shall apply for purposes of determining whether Schedule J the ownership requirements of this definition have been met. Computation of Allocation Factor If taxpayer does not have receipts outside New Jersey, the al- Intangible expenses and costs includes (1) expenses, location factor will be 100% (1.000000) and there is no need to losses, and costs, for, related to, or in connection directly or in- complete this schedule. All other taxpayers must complete this directly with the direct or indirect acquisition, use, maintenance schedule to calculate the allocation factor. or management, ownership, sale, exchange, or any other dis- position of intangible property to the extent such amounts are Only activities related to operational activity are to be used in allowed as deductions or costs in determining taxable income computing the general allocation factors. If the taxpayer has before operating loss deduction and special deductions for the nonoperational activity, see Schedule O. If the taxpayer has tax year under the federal Internal Revenue Code of 1986, 26 nonunitary partnership income, see Schedule P-1. U.S.C. s.1 et seq., (2) losses related to, or incurred in connec- tion directly or indirectly with factoring transactions or discount- ing transactions, (3) royalty, patent, technical and copyright - 10 - |
Lines 1a–1e – Receipts Fraction computing the allocation factor in Schedule J, division must be Receipts from sales of tangible personal property are allocated carried to six (6) decimal places, e.g., 0.123456. to New Jersey if the goods are shipped to points within New Jersey. Receipts from the sale of goods are allocable to New Jersey if shipped to a New Jersey or a non-New Jersey cus- Schedule L tomer where possession is transferred in New Jersey. Receipts Allocation of New Jersey Corporation Business from the sale of goods shipped to a taxpayer from outside of New Jersey to a New Jersey customer by a common carrier Tax for Banking and Financial Corporations are allocable to New Jersey. Receipts from the sale of goods Among New Jersey Municipalities shipped from outside of New Jersey to a New Jersey location Column I – Taxpayer must list all offices maintained in this where the goods are picked up by a common carrier and trans- State, by indicating the exact taxing district (municipality) and ported to a customer outside of New Jersey are not allocable county. to New Jersey. Receipts from the following are allocable to New Jersey: services performed if the benefit of the service is Note: The mailing address of an office is not necessarily the received in New Jersey; rentals from property situated in New taxing district. Jersey; royalties from the use in New Jersey of patents, copy- rights, and trademarks; all other business receipts earned in Column II –(1) In the case of banking corporations, the de- New Jersey. posit balances are to be used; (2) and in the case of financial corporations, the receipts allocable to such location are to be Receipts from Sales of Capital Assets: Receipts from sales used. of capital assets (property not held by the taxpayer for sale to customers in the regular course of business), either within or Column III – The percentage indicated is based on the individ- outside New Jersey, should be included in the numerator and ual deposit balances for banking corporations or receipts for the denominator based on the net gain recognized and not on financial corporations divided by total deposit balances in New gross selling prices. If the taxpayer’s business is the buying Jersey, or total receipts in New Jersey, respectively. and selling of real estate or the buying and selling of securities for trading purposes, gross receipts from the sale of such as- Totals required at bottom of columns II and III are the sum of sets should be included in the numerator and the denominator the individual taxing district amounts and percentages. Total of the receipts fraction. percentage reported at column III must equal 100%. Also, each individual computation should be carried to six decimal places. For tax years ending on and after July 31, 2019, services are sourced based on market sourcing not cost of performance. Schedule P-1 Note: The amount of dividends (deemed and/or paid divi- Partnership Investment Analysis dends) excluded from entire net income pursuant to Part I – Partnership Information N.J.S.A. 54:10A-4(k)(5), are not included in the numer- Itemize the investment in each partnership, limited liability ator or denominator of the receipts fraction. However, company and any other entity that is treated for federal tax the dividend (deemed and/or paid dividends) values purposes as a partnership. List the name, the federal identi- that are not excluded are included in the numerator or fication number, and the date and state where organized for denominator. each partnership. Also, check the type of ownership (general or limited), the tax accounting method used to reflect your share Schedule J must be completed after calculating of partnership activity on this return (flow through method or the DIVIDEND EXCLUSION line on the separate accounting) and whether or not the partnership has respective parts of Schedule R but before nexus in New Jersey. Itemize in column 7 the amount of tax calculating the line for the ALLOCATED payments made on behalf of the taxpayer by partnership enti- DIVIDEND EXCLUSION. The amount from the DIVIDEND ties. Carry the total amount of taxes paid on behalf of taxpayer EXCLUSION line from Schedule R is the amount to use to page 1, line 10b. Include a copy of Schedule NJK-1 from when calculating the dividends and deemed dividends Form NJ-1065. Any one member limited liability company must excluded from the numerator and/or denominator for the be included on this schedule. purposes of completing Schedule J. Part II – Separate Accounting of Nonunitary Partnership GILTI and FDII: Include the GILTI and the receipts attributable Income to the FDII, net of the respective allowable IRC §250(a) deduc- Taxpayers that use a Separate Tax Accounting Method on tions, in the allocation factor. The net amount of GILTI (i.e., the nonunitary partnership investments must complete Part II to GILTI reduced by the I.R.C. § 250(a) GILTI deduction) and the compute the appropriate amount of tax. Pursuant to N.J.S.A. net FDII (i.e., the receipts attributable to the FDII reduced by 54:10A-6, taxpayers must enter a single sales factor allocation the I.R.C. § 250(a) FDII deduction) amounts are included in the in Column 3. Do not use three factor allocation (property, pay- numerator (if applicable) and the denominator. Do not include roll, and sales) from the Partnership return (Form NJ-1065). the underlying receipts of the controlled foreign corporation generating the GILTI in the numerator or denominator. See Technical Bulletin, TB-92(R), Sourcing IRC § 951A (GILTI) and Schedule PC IRC §250 (FDII), for more information. Per Capita Licensed Professional Fee Professional corporations (PC) formed under N.J.S.A. Line 1h – Single Sales Fraction 14A:17-1 et seq. or any similar laws of a possession or territory Divide line 1f (New Jersey based receipts) divided by line of the US, a state, or political subdivision thereof, are liable for 1g (Total Receipts everywhere) and enter the result. When a fee on licensed professionals. - 11 - |
Per N.J.S.A. 14A:17-3, examples of licensed professionals are: Part I is for reporting information from domestic subsidiaries. certified public accountants, architects, optometrists, profes- Part II is for reporting information on foreign subsidiaries. sional engineers, land surveyors, land planners, chiropractors, physical therapists, registered professional nurses, dentist, osteopaths, physicians and surgeons, doctors of medicine, Schedule R doctors of dentistry, podiatrists, veterinarians and, subject to Dividend Exclusion the Rules of the Supreme Court, attorneys at law. For privilege periods ending on and after July 31, 2019, the dividend exclusion is a post-allocation exclusion. The fee is assessed provided there are more than two pro- fessionals in the PC. The fee is assessed on professionals Dividends from all sources must be included in Schedule A. that are owners, shareholders, and/or employees of the pro- However, taxpayers may exclude from entire net income 95% fessional corporation. The number of professionals should be of dividends from qualified subsidiaries, if such dividends were calculated using a quarterly average. The fee for each resident included in the taxpayer’s gross income on Schedule A. and nonresident professional with physical nexus with New Jersey is $150. The fee for each nonresident professional Taxpayers cannot include the following as part of the dividend without physical nexus with New Jersey is $150 multiplied by exclusion: the allocation factor of the corporation. The fee is limited to $250,000 per year. • Money market fund or REIT income; • GILTI or FDII (as this is not considered income from div- In the event of a period shorter than a year, the fee and limit idends or deemed dividends for New Jersey Corporation may be prorated by months. A fraction of a month is deemed to Business Tax purposes); or be a month. • The portion of I.R.C. § 78 gross-up deducted on line 15, Check the box on page 1 to indicate the corporation is a pro- Part II, Schedule A. fessional corporation. A qualified subsidiary is defined as ownership by the tax- Part II, line 4 – Installment Payment: A 50% prepayment to- payer of at least 80% of the total combined voting power of wards the subsequent year’s fee is required with the current all classes of stock entitled to vote and at least 80% of the year’s return. total number of shares of all other classes of stock, except non-voting stock which is limited and preferred as to dividends. Part II, line 8 – Credit: Amount to be credited towards next With respect to other dividends, the exclusion is limited to 50% year’s fee. This fee is not eligible for refund. of such dividends included in the taxpayer’s gross income on Schedule A, provided the taxpayer owns at least 50% of vot- ing stock and 50% of the total number of shares of all other Schedule P classes of stock. Subsidiary Investment Analysis Itemize the investment in each subsidiary company in which If the taxpayer received tiered dividends from a tiered subsidi- the taxpayer holds 80% or more of the combined voting power ary that filed and paid tax in excess of the minimum tax to New of all classes of stock entitled to vote and at least 80% of the Jersey on those same dividends, do not include these divi- total number of shares of all other classes of stock. For each dends on Schedule R. subsidiary, report the name, the percentage of interest held in each company, the individual book value included in the The tiered dividend exclusion has been phased out balance sheet for each subsidiary investment, and the amount and replaced with the Tiered Subsidiary Dividend of dividends paid and/or deemed received that is included Pyramid Tax Credit on Form 332. The tiered divi- in gross income on Schedule A. Do not include advances or dends from certain subsidiaries may be eligible for a tax credit, other receivables due to subsidiaries in the book value re- which is calculated separately on Form 332. See Form 332 for ported at column 3. Federal previously taxed dividends must more information. This form is available on the Division’s be included. However, dividends that have been previously website. taxed by New Jersey are not included on Schedule P, but must be reported on Schedule PT. In addition, do not include the New Jersey follows the federal ownership attribu- following: tion rule changes under I.R.C. §958(b) and I.R.C. §318 that broadened the federal attribution rules • Money market fund or REIT income; that were retroactive to January 1, 2017, in addi- • GILTI or FDII (this is not considered income from dividends tion to the already broad corporation business tax attribution or deemed dividends for New Jersey Corporation Business rules. Tax purposes); or A 95% dividend exclusion will be granted for dividends that are • The portion of I.R.C. § 78 gross-up deducted on line 15, included in entire net income from an 80% or greater owned Part II, Schedule A. subsidiary. If the taxpayer owns 50%, but less than 80% of a subsidiary, they are entitled to a 50% exclusion. Any subsid- New Jersey follows the federal ownership attribution rule iary that is owned less than 50% is not entitled to a dividend changes under I.R.C. §958(b) and I.R.C. §318 that broadened exclusion. See N.J.S.A. 54:10A-4(k)(5), N.J.S.A. 54:10A-4(u), the federal attribution rules that were retroactive to January 1, N.J.S.A. 54:10A-4(v), and N.J.S.A. 54:10A-4(w) for more 2017, in addition to the already broad corporation business tax information. attribution rules. Schedule PT – Previously Taxed Dividends: If you had subsidiary dividend income that was reported in a previous tax - 12 - |
year for New Jersey Corporation Business Tax purposes and The Prior Net Operating Losses (PNOL) are losses that were for which you paid greater than the New Jersey minimum tax generated in tax years ending prior to July 31, 2019. In order in that tax year and those same dividends are included in your to use these losses, the unused unexpired amounts must be entire net income this tax year, complete Schedule PT in con- converted to a post-allocation basis. This conversion is done junction with Schedule R. See Schedule PT for more informa- on Worksheet 500P. PNOLs can only be carried forward for the tion. The schedule is available on the Division’s website. 20 privilege periods following the period of the initial loss. PNOLs must be deducted from allocated entire Schedule S net income before any NOLs can be deducted. All taxpayers must complete this schedule. Include a copy of a completed federal Depreciation Schedule, Form 4562. Sched- ule S provides for adjustments to depreciation and certain safe harbor leasing transactions. For New Jersey Corporation Business Tax purposes, net oper- ating losses and net operating loss carryovers have a 20-year Depreciation and Safe Harbor Leasing carryover period and can only be carried forward. No carry- backs are allowed. PNOLs can only be carried forward for the New Jersey had decoupled from I.R.C. §168(k) 20 privilege periods following the period of the initial loss. bonus depreciation and I.R.C. § 179 expensing provisions. See N.J.S.A. 54:10A-4(k)(12) and For tax years beginning on and after January 1, N.J.S.A. 54:10A-4(k)(13). Adjustments must be 2020, the federal rules and regulations governing made accordingly. consolidated return net operating losses and net op- erating loss carryovers apply to the New Jersey net operating Line 1 through Line 6 – These lines detail the depreciation loss carryover provisions to the extent they are consistent with deduction reflected in the Computation of Entire Net Income the provisions of the New Jersey Corporation Business Tax (Schedule A, Part I) into several categories. In most circum- Act. If the New Jersey and federal provisions differ, the New stances, the information can be found on federal Form 4562. Jersey Corporation Business Tax Act provisions govern. New Jersey generally follows the federal rules governing mergers, Line 13 – New Jersey conforms to I.R.C. § 179 as in effect on acquisitions, reorganizations, spin-offs, split-offs, dissolution, December 31, 2002, and the maximum amount that may be bankruptcy, or any form of cessation of a business. New Jersey expensed is $25,000. See N.J.S.A. 54:10A-4(k)(13) for more also follows any other provision of the federal rules that limits information. or reduces federal net operating losses and federal net operat- ing loss carryovers. Line 16 and Line 17 – New Jersey has decoupled from the federal tax code provisions on cost recovery or depreciation Section A – Computation of Prior Net Operating Losses and is statutorily tied to the federal depreciation laws that were (PNOL) Deduction in effect as of December 31, 2001. Only complete this section if the Allocated Entire Net Income/ (Loss) before net operating loss deductions and dividend ex- Line 18 – Deduct any income included in the return with clusion on Schedule A, Part II, line 22 is positive. respect to property solely as a result of an IRC § 168(f)(8) election. Line 1 – Enter the total amount reported in Worksheet 500-P, Part II, column 3. Line 19 – Deduct any depreciation amount that would have been allowable under the Internal Revenue Code on Decem- Line 2 – Enter the amount of PNOL reported on line 1 that was ber 31, 1980, had there been no safe harbor lease election. deducted in a previous year. Line 20 – Gain or loss on property sold or exchanged is the Line 3 – Enter the amount of PNOL that has expired. amount properly to be recognized in the determination of federal taxable income. However, on the physical disposal of Line 4 – Enter the amount excluded from federal taxable in- recovery property, whether or not a gain or loss is properly to come under subparagraph (A), (B), or (C) of paragraph (1) of be recognized under the federal Internal Revenue Code, there subsection (a) of Internal Revenue Code (26 U.S.C. s.108). If shall be allowed as a deduction any excess, or there must be the amount is greater than the PNOL reported on line 1 (less restored as an item of income, any deficiency of depreciation lines 2 and 3), carry the remainder to Section B, line 5. disallowed at lines 9, 10, 11, 13, or 14 over related deprecia- tion claimed on that property at lines 16, 17, or 21. A statutory Line 5 – Subtract the amounts reported on lines 2 through 4 merger or consolidation shall not constitute a disposal of recov- from the amount on line 1. This is the total amount of PNOL ery property. available for deduction in the current year. If the amount is less than zero, enter zero. Form 500 Line 6 – Enter the amount reported on Schedule A, Part II, Post Allocation Net Operating Loss (NOL) and line 22. If the amount is less than zero, enter zero. Prior Net Operating Loss Conversion Carryover Line 7 – Enter the lesser of lines 5 or 6. This is the current year (PNOL) Deductions PNOL deduction. Enter the amount on Schedule A, Part II, Post Allocation Net Operating Loss (NOL) are losses that were line 23. generated in tax years ending on or after July 31, 2019. These losses occur on a post-allocation basis. - 13 - |
Section B – Post Allocation Net Operating Losses (NOL) Column 2 – Enter the Net Operating Loss for each period. Only complete this section if the Allocated Entire Net Income/ Enter the entire loss for the period. Amounts that have been (Loss) before net operating loss deductions and dividend ex- used in previous periods or are expired should be reported in clusion on Schedule A, Part II, line 24 is positive. Section A on lines 2 and 3. The converted losses can only be carried forward for the 20 privilege periods following the period Line 1 – Enter the amount of loss reported on Schedule A, of the initial loss. Part II, line 22 from previous tax periods. Enter the year in which the loss was generated. Note: For privilege periods ending after June 30, 2014, the loss reported each year must not include any amount On line 1, taxpayers will only check the box next excluded from federal taxable income under subpara- to the Return Period Ending entry if the NOL is graph (A), (B), or (C) of paragraph (1) of subsection (a) from a tax period in which the taxpayer was a tax- of Internal Revenue Code (26 U.S.C. s.108). able member on a New Jersey combined return. Column 3 – Multiply the amount in column 2 by the Allocation Factor entered on line 1 of Part I. The total amount of losses Note: The loss reported each year must not include any reported in column 3 is carried to Form 500, Section A, line 1. amount excluded from federal taxable income under subparagraph (A), (B), or (C) of paragraph (1) of sub- section (a) of Internal Revenue Code (26 U.S.C. s.108). Additional Forms and Instructions Line 2 – Enter the total of all losses from line 1. Most of the forms and schedules needed to complete the re- turn are included with Form BFC-1. However, there are several Line 3 – Enter that portion of the loss reported on line 2 that stand alone forms and schedules that taxpayers can obtain on was deducted in a previous year. the Division’s website. This includes: Line 4 – Enter the amount of the NOL that has expired. • Schedule G-2: Claim for Exceptions to Disallowed Interest and Intangible Expenses and Costs Note: NOLs can be carried forward to each of the 20 privilege • Schedule N: Nexus - Immune Activity Declaration and the periods following the privilege period of the loss. Nexus Questionnaire Line 5 – Enter the amount excluded from federal taxable in- • Schedule O: Nonoperational Activity come under subparagraph (A), (B), or (C) of paragraph (1) of • Schedule PT: Dividend Exclusion for Certain Previously subsection (a) of Internal Revenue Code (26 U.S.C. s.108). If Taxed Dividends the taxpayer reported an amount in Section A, line 4 of Form 500, only enter the excess here. (Section A, line 1 minus lines • Form 300: Urban Enterprise Zone Employees Tax Credit 2, 3, and 4) • Form 301: Urban Enterprise Zone Investment Tax Credit Line 6 – Subtract the amounts reported on lines 3 through 5 • Form 302: Redevelopment Authority Project Tax Credit from the amount on line 2. This is the total amount of NOL available for deduction in the current year. If the amount is less • Form 304: New Jobs Investment Tax Credit than zero, enter zero. • Form 305: Manufacturing Equipment and Employment In- vestment Tax Credit Line 7 – Enter the amount reported on Schedule A, Part II, line 24. If the amount is less than zero, enter zero. • Form 306: Research and Development Tax Credit Line 8 – Enter the lesser of lines 6 or 7, this is the current • Form 311: Neighborhood Revitalization State Tax Credit year NOL Deduction. Enter the amount on Schedule A, Part II, • Form 312: Effluent Equipment Tax Credit line 25. • Form 313: Economic Recovery Tax Credit Worksheet 500-P • Form 315: AMA Tax Credit Worksheet 500-P is to help taxpayers transition to the new net operating loss regime. Any unused, unexpired net operat- • Form 316: Business Retention and Relocation Tax Credit ing losses that were generated in tax periods ending prior to • Form 317: Sheltered Workshop Tax Credit July 31, 2019, must be converted to a post-allocated basis. These loss carryovers can only be carried forward for the 20 • Form 318: Film Production Tax Credit privilege periods following the period of the initial loss. Com- • Form 319: Urban Transit Hub Tax Credit plete Worksheet 500-P the first year in which the conversion is calculated. Worksheet 500-P should continue to be included for • Form 320: Grow New Jersey Tax Credit each year in which the taxpayer has PNOLs. • Form 321: Angel Investor Tax Credit Part I • Form 322: Wind Tax Credit Line 1 – Enter the taxpayer’s Allocation Factor for the last privi- lege period ending prior to July 31, 2019. • Form 323: Residential Economic Redevelopment and Growth Tax Credit Part II • Form 324: Business Employment Incentive Program Tax Column 1 – Enter the Tax Period Ending. The period must end Credit before July 31, 2019. • Form 325: Public Infrastructure Tax Credit - 14 - |
• Form 327: Film and Digital Media Tax Credit • Form 328: Tax Credit for Employers of Employees With Impairments • Form 329: Pass-Through Business Alternative Income Tax Credit • Form 330: Apprenticeship Program Tax Credit • Form 331: Tax Credit for Employer of Organ/Bone Marrow Donor • Form 332: Tiered Subsidiary Dividend Pyramid Tax Credit - 15 - |
BFC-1 – INDEX Accounting Method ....................................................... 1 New Corporations .......................................................... 2 Accounting Periods ....................................................... 3 Net Operating Loss...................................................... 13 Allocation ..................................................................... 10 Nexus – Immune Activity Declaration ............................ 2 Amended Returns.......................................................... 4 Nonoperational Activity .................................................. 7 Annual General Questionnaire ..................................... 6 Nonunitary Partnership Income ..................................... 7 Combined Reporting...................................................... 2 Overpayment Credit .................................................. 5, 6 Corporations Required to File........................................ 1 Partnership Investments .............................................. 11 Credit for Installment Payments ................................... 5 Partnership Payment ..................................................... 5 Credit to a Combined Group.......................................... 6 Payment of Tax ............................................................. 3 Deduction for Foreign Taxes Deemed Paid ................... 7 Penalties and Interest .................................................... 4 Depreciation and Safe Harbor Leasing ....................... 13 Personal Liability of Officers and Directors in Dissolution or Liquidation ....................... 1 Distortion of Net Income ................................................ 1 Post Allocation Net Operating Loss (NOL) .............. 8, 13 Dividend Exclusion .................................................. 8, 12 Prior Net Operating Loss Due Dates...................................................................... 3 Conversion Carryover (PNOL) ............................ 8, 13 Electronic Funds Transfers ............................................ 3 Professional Corporations ....................................... 2, 11 Estimated Tax Installment Payments ......................... 3, 5 Riders ............................................................................ 1 Extension of Time to File Return ................................... 3 S Corporations............................................................... 2 Federal Adjustments to Income (Final Signature ....................................................................... 6 Determination of Net Income) ................................... 4 Subsidiary Investments ............................................... 12 Federal/State Tax Agreement ........................................ 1 Summary Schedule ....................................................... 9 Filing Qualifications and Requirements ......................... 1 Surtax ............................................................................ 5 Financial Business Corporations ................................... 2 Tax Credits..................................................................... 9 Inactive Corporations................................................. 2, 6 Tax Rates....................................................................... 4 Installment Payment .................................................. 3, 5 Taxes ....................................................................... 7, 10 Interest, Penalties and ................................................... 4 Tentative Payment Credit .............................................. 5 Interest and Intangible Expenses and Costs ........... 7, 10 Underpayment of Estimated Tax ................................... 4 Minimum Tax ................................................................. 9 - 16 - |