2021 CBT-100S General Instructions for New Jersey S Corporation Business Tax Return and Related Forms and been accepted as a New Jersey S corporation is required Electronic Filing Mandate to file a CBT-100S (unless they elect to be part of a combined All taxpayers and tax preparers must file Corporation Business group). Federal S corporations that have not elected and been Tax returns and make payments electronically. This mandate in- authorized to be New Jersey S corporations must complete cludes all returns, estimated payments, extensions, and vouch- Form CBT-100 or Form CBT-100U as though no election had ers. Visit the Division’s website or check with your software been made under I.R.C. § 1362. provider to see if they support any or all of these filings. Corporations Claiming P.L. 86-272. Foreign corporations that To file and pay the annual report electronically, visit the Division meet the filing requirements and whose income is immune from of Revenue and Enterprise Services website. tax pursuant to Public Law 86-272, must obtain and complete Schedule N, Nexus – Immune Activity Declaration, and all of the schedules from the CBT-100S. In addition, taxpayers must in- Before You Begin clude a copy of the Nexus Questionnaire and remit the minimum Read all instructions carefully before completing returns. tax with the CBT-100S. Include a complete copy of the federal Form 1120-S and Note: Check the box on page 1 to indicate the corporation is all related forms and schedules. See Technical Bulletin, claiming P.L. 86-272. TB-98(R), Federal Return and the Forms and Schedules to In- clude with the Corporation Business Tax Return Pursuant to P.L. Qualified Subchapter S Subsidiaries. A corporation that has 2020, C. 118. been accepted as a New Jersey Qualified Subchapter S Sub- sidiary (QSSS) is required to file Form CBT-100S annually, in- Personal Liability of Officers and Directors cluding only page 1 reflecting zero income, the Annual General Any officer or director of any corporation who shall distribute or Questionnaire, and when applicable Schedule PC, and remit cause to be distributed any assets in dissolution or liquidation the minimum tax. The parent is obligated to report all assets, to the stockholders without having first paid all corporation fran- liabilities, income, and expenses of the QSSS on a consolidated chise taxes, fees, penalties and interest imposed on said corpo- basis on its CBT-100S, CBT-100, CBT-100U, or BFC-1 return. ration, in accordance with N.J.S.A. 14A:6-12, N.J.S.A. 54:50-18 For information on electing to become a New Jersey QSSS, see and other applicable provisions of law, shall be personally liable Form CBT-2553, New Jersey QSSS Election. for said unpaid taxes, fees, penalties, and interest. Compliance with N.J.S.A. 54:50-13 is also required in the case of certain Foreign Corporations That Own New Jersey Partnerships. A mergers, consolidations and dissolutions. foreign corporation that owns a New Jersey partnership must file Form CBT-100S to claim the tax paid on their behalf by the part- nership. The foreign corporation cannot transfer the tax paid by Distortion of Net Income the partnership on its behalf to any of its shareholders. The Director is authorized to adjust and redetermine items of gross receipts and expenses as may be necessary to make a Out-of-Business Corporations. Corporations that are “out of fair and reasonable determination of tax payable under the Cor- business” but have not dissolved or withdrawn their authority to poration Business Tax Act. For details regarding the conditions do business in New Jersey, are still obligated to file a return. A under which this authority may be exercised, see regulation dissolution or withdrawal date must be established on or before N.J.A.C. 18:7-5.10. the last day of the current taxable period in order to avoid having to file a return for the next tax year. Accounting Method The return must be completed using the same method of ac- New Corporations. Every New Jersey corporation acquires a counting, cash, accrual or other basis, that was employed in the taxable status beginning 1) on the date of its incorporation, or taxpayer’s federal income tax return. 2) on the first day of the month following its incorporation if so stated in its certificate of incorporation. Every corporation that incorporates, qualifies, or otherwise acquires a taxable status Riders in New Jersey must file a Corporation Business Tax return. A If space is insufficient, include riders in the same form as the tax return must be filed for each fiscal period, or part thereof, original printed sheets. The riders must be numbered and clearly beginning on the date the corporation acquired a taxable sta- list the schedule(s) and line(s) of each corresponding rider item. tus in New Jersey regardless of whether it had any assets or conducted any business activities. No return can cover a period Federal/State Tax Agreement exceeding 12 months, even by a day. The New Jersey Division of Taxation and the Internal Revenue Service participate in a federal/State program for the mutual ex- S Corporation Election. Every corporation that elects to be a change of tax information to verify the accuracy and consistency New Jersey S corporation must file a New Jersey S Corpora- of information reported on federal and New Jersey tax returns. tion or New Jersey QSSS Election (Form CBT-2553) within one calendar month subsequent to the federal S corporation filing requirement. Corporations Required to File Every corporation that has elected and qualifies pursuant to Financial Business Corporations. Corporations that qualify Section 1361 of the Internal Revenue Code and has qualified as financial businesses, those which derive 75% of their gross income from the financial activities enumerated at N.J.A.C. - 1 - |
18:7-1.16(a)1 through (a)7, must file the New Jersey Corporation combined group on a separate return (Form CBT-100S) unless Business Tax Return for Banking and Financial Business, Form the taxpayer joined a second combined group that files a New BFC-1 or the Corporation Business Tax Combined Return, Form Jersey combined return. The taxpayer filing a separate return CBT-100U. would not report the income on Form CBT-100S for the months during which the member was part of the combined group. If de- Professional Corporations. Corporations formed under termining what amount of income is attributable to the portions N.J.S.A. 14A:17-1 et seq. or any similar laws of a possession or of the twelve-month period are for the periods before and after territory of the US, a state, or political subdivision thereof, must departing a combined group, the taxpayer must prorate their in- complete Schedule PC. Examples of licensed professionals come/losses and receipts. include certified public accountants, architects, optometrists, professional engineers, land surveyors, land planners, chiroprac - tors, physical therapists, registered professional nurses, dentists, When to File osteopaths, physicians and surgeons, doctors of medicine, doc- tors of dentistry, podiatrists, veterinarians, and attorneys. 2021 Accounting Periods and Due Dates The 2021 S Corporation Business Tax return should only be Inactive Corporations. Inactive corporations that, during the used for accounting periods ending on and after July 31, 2021, period covered by the return, did not conduct any business, did through June 30, 2022. not have any income, receipts or expenses, did not own any assets, did not make any distributions, and did not have any In general, the New Jersey Corporation Business Tax returns change in ownership, must complete the Certificate of Inactivity and payments, except estimated payments, are due 30 days section on page 1. Payment for the related minimum tax liability after the original due date of the federal corporate income tax and the installment payment (if applicable) must be submitted return. For the administrative convenience of both the Division electronically. See the Page 1 section for more information. and taxpayers, returns filed by S Corporations the 15th day of the fourth month following the close of the privilege period are Combined Reporting considered timely even if that date is more than 30 days after the federal due date. If the due date falls on a weekend or a legal New Jersey enacted mandatory combined reporting for unitary holiday, the return and payment are due on the following busi- businesses for tax years ending on and after July 31, 2019. ness day. Use the following schedule for 2021 CBT-100S forms Groups of companies that have common ownership and are en- and payments: gaged in a unitary business, where at least one member of the group is subject to the New Jersey Corporation Business Tax, If accounting July 31, Aug. 31, Sept. 30, Oct. 31, Nov. 30, Dec. 31, are required to calculate their tax liability on a combined basis on period ends on: 2021 2021 2021 2021 2021 2021 Form CBT-100U, Combined Corporation Business Tax Return. Due date for Nov. 15, Dec. 15, Jan. 15, Feb. 15, Mar. 15, Apr 15, filing is: 2021 2021 2022 2022 2022 2022 A New Jersey S Corporation is not included as a member of a If accounting Jan. 31, Feb. 28, Mar. 31, Apr. 30, May 31, June 30, period ends on: 2022 2022 2022 2022 2022 2022 combined group unless the New Jersey S Corporation affirma- Due date for May 15, June 15, July. 15, Aug. 15, Sept. 15, Oct. 15, tively elects to be included as a member of the combined group filing is: 2022 2022 2022 2022 2022 2022 on the CBT-100U. Calendar or fiscal accounting year is the same accounting pe- Note: The law change did not impact the treatment of parent riod upon which the taxpayer is required to report to the United New Jersey S Corporations and New Jersey Qualified States Treasury Department for federal income tax purposes. Subchapter S Subsidiaries. The parent of New Jersey Please note the ending month of the accounting period for Qualified Subchapter S Subsidiary(ies) must include the federal returns and New Jersey returns must match, however, figures from itself and all the New Jersey QSSSs. the tax return year for the federal and State returns may differ. (i.e., a tax year ending 8/31/21 may be filed on a 2020 federal A member of a combined group filing a New Jersey combined 1120-S; the same tax year must be filed on a 2021 New Jersey return does not have to file a separate return for the privilege CBT-100S.) All accounting periods must end on the last day of period or portion of the privilege period thereof that the taxpayer the month, except that taxpayers may use the same 52-53 week was included as a member of the combined return. A combined accounting year that is used for federal income tax purposes, group member with business operations that are independent see N.J.A.C. 18:7-2.3. The Division is aware that taxpayers of the unitary business activity of the combined group must re- cannot properly input dates for 52-53 week accounting years. In port such income on Schedule X. Schedule X is submitted with this case, taxpayers will need to contact the Division for assis- the combined return. The member will not complete a separate tance. Returns for prior tax years are available on the Division’s return. website. Visit the Division’s website for information about combined Extension of Time to File reporting. The Tentative Return and Application for Extension of Time to Note: A taxpayer that has nexus with New Jersey that is part of File, Form CBT-200-T, must be filed and paid electronically. a combined group or affiliated group, but excluded from You can also check with your software provider to see if the the New Jersey combined return must file a separate software you use supports filing of extensions. If an extension is return. requested, the corporation should notify all shareholders of such request Former Member of Combined Group. A taxpayer that was a member of a combined group filing a New Jersey combined Corporations will automatically receive a six-month extension return for part of the group privilege period and subsequently only if they have paid at least 90% of the tax liability and timely departs the combined group to file on a separate entity basis, filed Form CBT-200-T. must report the income for months subsequent to departing the - 2 - |
An extension of time is granted only to file your New Jersey Cor- Late Filing Penalty. 5% per month or part of a month on the poration Business Tax return. There is no extension of time to amount of underpayment not to exceed 25% of that underpay- pay the tax due. The Division will notify you only if we deny your ment, except if no return has been filed within 30 days of the extension request, but not until after you actually file your return. date on which the first notice of delinquency in filing the return Penalties and interest are imposed whenever tax is paid after was sent, the penalty will accrue at 5% per month or part of a the original due date. month of the total tax liability not to exceed 25% of such tax lia- bility. Also, a penalty of $100 for each month the return is delin- Note: An extension payment must include any applicable pro- quent may be imposed. fessional Corporation (PC) fees and/or installment pay- ments. See the online application for more information. Late Payment Penalty. 5% of the balance of tax due paid after the due date for filing the return may be imposed. Payment of Tax Interest. The annual interest rate is 3% above the average pre- The balance of tax due must be paid in full by the original due dominant prime rate on outstanding balances for every month date of the return. or part of a month the tax is unpaid, compounded annually. At the end of each calendar year, any tax, penalties, and interest In addition, corporations are required to make installment pay- remaining due will become part of the balance on which interest ments of estimated tax. The requirement for making these pay- will be charged. The interest rates assessed by the Division of ments is based on the amount of the total tax liability shown on Taxation are published online. the most recent return. Note: The average predominant prime rate is the rate as deter- • If the 2021 total tax liability is greater than $375, the tax- mined by the Board of Governors of the Federal Reserve payer must make installment payments towards 2022. These System, quoted by commercial banks to large businesses payments are to be made electronically on Form CBT-150 on December 1st of the calendar year immediately pre- and are due on or before the 15th day of the 4th, 6th, 9th, and ceding the calendar year in which payment was due or as 12th months of the tax year. Taxpayers with gross receipts redetermined by the Director in accordance with N.J.S.A. greater than or equal to $50,000,000 must make installment 54:48-2. payments on the 15th day of the 4th, 6th, and 12th months of the tax year. Collection Fees. In addition, if the tax bill is sent to our collec- tion agency, a referral cost recovery fee of 11% of any tax, pen- • If the 2021 total tax liability is $375 or less, installment alty, and interest due will be added to the liability in accordance payments may be made as indicated above OR in lieu of with N.J.S.A. 54:49-12.3. If a certificate of debt is issued for the making installment payments, the taxpayer may make a pay- outstanding liability, a fee for the cost of collection of the tax may ment of 50% of the 2021 total tax liability. also be imposed. How to Pay Underpayment of Estimated Tax. To calculate the amount of To make payments electronically, go to the Division of Taxation’s interest for the underpayment of estimated tax, complete either website. Taxpayers that do not have access to the internet may Form CBT-160-A or Form CBT-160-B. If the taxpayer qualifies call the Division’s Customer Service Center at (609) 292-6400. for any of the exceptions to the imposition of interest for any of the installment payments, Part II must be completed and submit- Taxpayers with a prior year liability of $10,000 or more in ted with the return as evidence of such exception. any tax are required to make their payments for all taxes by Electronic Funds Transfer (EFT). For information or to enroll Civil Fraud. If any part of an assessment is due to civil fraud, in the program, visit the Division of Revenue and Enterprise there shall be added to the tax an amount equal to 50% of the Services’ website, call (609) 292-9292 and select option #6, assessment in accordance with N.J.S.A. 54:49-9.1. fax (609) 984-6681, or write to NJ Division of Revenue and Enterprise Services, EFT Section, PO Box 191, Trenton, NJ Transacting Business Without a Certificate of Authority. In 08646-0191. addition to any other liabilities imposed by law, a foreign corpo- ration that transacts business in this State without a certificate of Note: Taxpayers who are required to remit payments by EFT authority shall forfeit to the State a penalty of not less than $200, can satisfy the EFT requirement by making e-check or nor more than $1,000 for each calendar year, not more than 5 credit card payments. years prior thereto, in which it shall have transacted business in this State without a certificate of authority. N.J.S.A. 14A:13-11(3). Penalties and Interest Insufficiency Penalty. If the amount paid with the Tentative Re- Amended Returns turn, Form CBT-200-T, is less than 90% of the tax liability com- Beginning with returns for Tax Year 2019 and after, taxpayers puted on Form CBT-100S, or in the case of a taxpayer whose must submit amended returns electronically. preceding return covered a full 12-month period, is less than the amount of the tax computed at the rates applicable to the current Final Determination of Net Income by Federal Government. accounting year but on the basis of the facts shown and the law Any change or correction made by the Internal Revenue Ser- applicable to the preceding accounting year, the taxpayer may vice must be reported to the Division within 90 days. Amended be liable for a penalty of 5% per month or part of a month not to NJ-K-1s must be provided to the appropriate shareholders. exceed 25% of the amount of underpayment from the original due date to the date of actual payment. - 3 - |
Jersey, there is no tax imposed. However, minimum tax require- Page 1 Line-by-Line Instructions ments apply. Enter the federal employer identification number, New Jersey corporation number, corporation name and complete address Line 3 – Tax Credits and ZIP Code in the space provided on the return. Enter amount from Schedule A-3, Part I, line 28. Include the ap- plicable credit form(s) with the return. See Schedule A-3 instruc- Check the appropriate box to indicate whether this is the initial tions for more information. return or an amended return. Line 4 – Tax Liability If filing an amended return, enter the applicable code Subtract line 3 from line 2. If this amount is less than $1,500, in the boxes provided. If using code 10, “Other,” enter complete Schedule A-GR to determine if there is a minimum tax the reason in the lines provided. If more space is liability. (Members of affiliated groups, see the instructions for needed, include a rider. Schedule A-GR.) Enter the greater of the computed tax liability or the amount from Schedule A-GR, line 7. 1. Change in allocation factor 2. IRS audit Note: The surtax does not apply to New Jersey S corporations. 3. Amended federal 1120 filed 4. To take credit for payments/payments made by a Line 5 – Installment Payment partnership Taxpayers are required to make installment payments of esti- 5. Adjustments to ENI mated tax. The requirement for making these payments is based 6. To change credit request to refund request or refund on the amount of the total tax liability shown on the most recent request to credit request return. 7. Change in filing period 8. Change in tax credits reported • If the 2021 total tax liability is greater than $375, the tax- 9. Adding or subtracting a combined return member payer must make installment payments towards 2022. These 10. Other payments are to be made electronically on Form CBT-150 and are due on or before the 15th day of the 4th, 6th, 9th, and Provide the remaining information requested on the top portion 12th months of the tax year. Taxpayers with gross receipts of the return. The federal business activity code should be taken greater than or equal to $50,000,000 must make installment from the taxpayer’s federal tax return. Provide the location of the payments on the 15th day of the 4th, 6th, and 12th months of corporate books as well as a contact person and telephone num- the tax year. Information on making these payments can be ber. If the corporation is a Professional Corporation, is claiming found on the Division’s website. P.L. 86-272, or is a Qualified Subchapter S Subsidiary, check the box. See Corporations Required to File on page 1 for required • If the 2021 total tax liability is $375, installment payments forms and schedules. may be made as indicated above OR in lieu of making install- ment payments, the taxpayer may make a payment of 50% All corporations must complete page 1, the Annual General of the 2021 total tax liability. For taxpayers who qualify and Questionnaire, and Schedules A, A-2, A-3, A-4, and A-GR of the want to take advantage of this option, enter on line 5, 50% of return. the amount on line 4. This will become part of the payment to be made with the 2021 return and installment payments will Line 1 – Taxable Net Income Subject to Federal Corporate not be required. This payment should be claimed as a credit Income Taxation when filing the 2022 return. Enter amount from Schedule A, Part II, line 5. If zero or less, enter zero. Line 6 – Professional Corporation Fees Enter amount from Schedule PC, Part II, line 7. Line 2 – Amount of Tax Multiply line 1 by the applicable tax rate: Note: Check the box on page 1 to indicate the corporation is a Professional Corporation. • If the total of Schedule A, Part II, line 5 plus Schedule O, Part III, line 31 (if applicable) is greater than $100,000, the See Schedule PC instructions for information about filing re- tax rate is 9% (.09). quirements and examples of professional corporations. • If the total of Schedule A, Part II, line 5 plus Schedule O, Line 7 – Total Tax and Professional Corporation Fees Part III, line 31 (if applicable) is greater than $50,000 and Enter the total of lines 4, 5, and 6. less than or equal to $100,000, the tax rate is 7.5% (.075). Tax periods of less than 12 months qualify for the 7.5% rate Line 8a – Payments and Credits if the prorated total of Schedule A, Part II, line 5 plus Sched- Include on this line: ule O, Part III, line 31 does not exceed $8,333 per month. • Installment tax payments made for 2021; • If the total of Schedule A, Part II, line 5 plus Schedule O, Part III, line 31 (if applicable) is $50,000 or less, the tax • Amounts paid with tentative return (form CBT-200-T); rate is 6.5% (.065). Tax periods of less than 12 months qualify • Any overpayment from the preceding tax return that the tax- for the 6.5% rate if the prorated total of Schedule A, Part II, payer elected to have credited to the current year’s tax. Do line 5 plus Schedule O, Part III, line 31 does not exceed not include any amount of the overpayment that the taxpayer $4,166 per month. elected to have refunded. For taxpayers with total entire net income that is not subject to Note: Professional corporation installment payments from the federal income taxation or such portion that is allocable to New prior year may not be used to offset any current year tax liability and are not eligible for refund. - 4 - |
Line 8b – Payments Made by Partnerships Line 17 – Credit to a Combined Group Include the total payments made by partnerships on behalf of Enter the amount of your overpayment that you want to credit to the taxpayer that are reported in column 7 on Schedule P-1. a combined group. Also include the unitary ID Number and tax Submit copies of the NJK-1s or K-1s (as applicable) reflecting return year to which it is to be applied. payments made by each partnership entity. Note: An overpayment of tax by a New Jersey S corporation Line 8c – Refundable Tax Credits can only be credited to a combined group in which the Enter the amount from Schedule A-3, Part II, line 5. Include the New Jersey S corporation elects to be included. Other- applicable credit form(s) with the return. See Schedule A-3 in- wise, an overpayment of tax by a New Jersey S corpora- structions for more information. tion will not be credited to any combined group. Line 9 – Balance of Tax Due Certification of Inactivity If line 8d is less than line 7, subtract line 8d from line 7 and enter Inactive corporations must complete page 1, the Annual General the difference. If line 8d is more than line 7, skip line 9 and con- Questionnaire, and Schedules A, A-2, A-3, A-4, and A-GR of the tinue with line 10. CBT-100S. A corporate officer must sign and certify that the cor- poration did not conduct any business, did not have any income, Line 10 – Pro Rata Share of S Corp Income for Nonconsent- receipts, or expenses, and did not own any assets during the ing Shareholders entire period covered by the tax return. Enter the amount from Schedule K, Part VII, line 6, column C. If the S corporation was completely liquidated during the tax year and Schedule K Liquidated was completed, add the amounts Signature from Part VII, line 6 columns C and E and enter the total. Each return must be signed by an officer of the corporation who is authorized to attest to the truth of the statements contained Line 11 – Gross Income Tax Paid on Behalf of Nonconsent- therein and to acknowledge that they understand they are re- ing Shareholders quired to include copies of their federal return(s), forms, and Enter the amount from Schedule K, Part VII, line 6, column F. If schedules. The fact that an individual’s name is signed on the the S corporation was completely liquidated during the tax year return shall be prima facie evidence that such individual is au- and Schedule K Liquidated was completed, enter the amount thorized to sign the return on behalf of the corporation. from Part VII, line 6, column H. The tax rate on net pro rata share of S corporation income allocated to New Jersey for non- Tax preparers who fail to sign the return or provide their as- consenting shareholders is 10.75% (.1075). signed tax identification number shall be liable for a $25 penalty for each such failure. If the tax preparer is not self-employed, Note: The S corporation cannot make payments on behalf of the name of the tax preparer’s employer and the employer’s tax consenting shareholders. Any payments made on behalf identification number should also be provided. In the case of a of consenting shareholders will be disallowed by the Di- corporation in liquidation or in the hands of a receiver or trustee, vision. The S corporation will be required to file a refund certification shall be made by the person responsible for the con- claim for any payments made on behalf of consenting duct of the affairs of such corporation. shareholders. Line 12 – Penalty and Interest Due Annual General Questionnaire Include any penalties and interest. See the Penalties and Inter- All taxpayers must answer all questions on this schedule. If nec- est section for information. essary, include a rider detailing the information requested in the questions. Amount Due or Overpayment - Lines 13–17 Compare line 8d to the total of lines 7, 11, and 12. • If line 8d is less than the total of lines 7, 11, and 12, complete Schedule A line 13. Computation of Taxable Net Income • If line 8d is more than the total of lines 7, 11, and 12, com- Every taxpayer must complete this schedule. plete lines 14 through 17. Taxpayers must include a copy of the federal Line 13 – Total Balance Due return and any forms or schedules that accompa- Enter the total of lines 9, 11, and 12. nied the return that was filed with the Internal Rev- enue Service. Failure to include the forms and Line 14 – Amount Overpaid schedules will result in an incomplete New Jersey Corpora- Subtract the total of lines 7, 11, and 12 from the amount on tion Business Tax return and the taxpayer may be assessed line 8d. penalties and interest for noncompliance. See Technical Bul- letin, TB-98, Federal Return and the Forms and Schedules to Line 15 – Refund Enter the amount of your overpayment that you want refunded. Include with the Corporation Business Tax Return Pursuant to P.L. 2020, C. 118. Line 16 – Credit to 2022 Enter the amount of your overpayment that you want to credit to Part I your 2022 tax liability. Line 4 – Net gain (loss) from Form 4797 Include a rider or schedules showing the same information shown on federal Form 4797. Gains and losses resulting from the disposition of property where a I.R.C. § 179 expense - 5 - |
deduction was passed through to S corporation shareholders are Line 36b – Depreciation modification being subtracted from not reported on federal Form 4797, and should be reported on income Schedule A, Part I, line 26. If a sale of shares of stock or partner- Enter the depreciation and other adjustments being subtracted ship interest resulted in a taxable transfer of a controlling interest from income from Schedule S. See Schedule S instructions for in certain commercial real property under N.J.S.A. 54:15C-1, more information. indicate on a rider. Line 37a – I.R.C. § 78 Gross-up Line 13 – Interest The portion of any I.R.C. § 78 gross-up included in dividend Include a copy of federal Form 8916A and/or federal Form 8990 income on Part I, line 23b that is not excluded/deducted from if completed. entire net income on Part I, line 43 may be deducted on this line. Include a copy of federal foreign tax credit, Form 1118. Lines 22a to 30 – Include all items of income and expense that pass through to the individual shareholders as reported on the Line 37b – Other deductions and additions federal Schedule K. Be sure to report Part I, lines 26, 27, and 28 This includes, but is not limited to: as deductions. • Adjustments for which a place has not been provided some- Charitable contributions are limited to 10% of taxable income where else on the return; for New Jersey purposes and should be stated separately on • Gross income, less deductions and expenses in connection line 30. with that income, from sources outside the United States not included in federal taxable income, Built-in gains must be reported on Part I, line 23d as a gross amount exclusive of any net effects of taxes paid by the • The net effect of the elimination of nonoperational and non- corporation. unitary partnership income and expenses from Schedule O, Part I, line 36. Line 21 – Ordinary Income From Trade or Business • The add back of any deductions for research and experimen- Activities tal expenditures, to the extent that those research and experi- The amount on line 21 must agree with line 21, page 1, of the mental expenditures are qualified research expenses or basic taxpayer’s federal Form 1120-S. research payments for which an amount of credit is claimed pursuant to section 1 of P.L.1993, c.175 (C.54:10A-5.24) un- If the corporation has not filed a separate federal income tax less those research and experimental expenditures are also return, the taxpayer must explain and reconcile the differences used to compute a federal credit claimed pursuant to I.R.C. § on a rider. 41. Line 31 – The amount on line 31 must reflect entire net income Include separate riders explaining any items reported. in the same manner and to the same extent as if no federal in- come tax S or New Jersey S election had been made. Line 37c – Related party interest addback Enter the total amount of interest deducted on Schedule A that Line 33 – Interest on federal, state, municipal, and other was paid to related members and reported on Schedule G, obligations Part I. See Schedule G instructions for more information. Include any interest income that was not taxable for federal in- come tax purposes and was not included in taxable net income Line 37d – Related party intangible expenses and costs reported on Part I, line 31. addback Enter the total amount of intangible expenses and costs de- Line 34 – New Jersey State and other states taxes ducted on Schedule A that was paid to related members and Enter the total taxes paid or accrued to the United States, a reported on Schedule G, Part II. See Schedule G instructions for possession or territory of the United States, a state, a political more information. subdivision thereof, or the District of Columbia, or to any foreign country, state, province, territory or subdivisions thereof, on or Line 37e – Other federally exempt income measured by profits or income, business presence or business For tax years beginning on and after January 1, 2018, all income activity, or any sales and use tax paid by a utility vendor, taken that was exempt for federal income tax purposes under any pro- as a deduction on Schedule A and reflected on Part I, line 31. vision of the Internal Revenue Code or any federal law must be For additional information, see Technical Bulletin TB-80, Add- added back. If such amounts were not added back on any other back of Other States’ Taxes, and the Schedule H instructions line of Schedule A, include such amounts onPart I, line 37e and include a rider detailing the amounts and the provisions of the Line 35 – Taxes paid by the corporation on behalf of the Internal Revenue Code. shareholder Any tax paid by the corporation on behalf of any shareholder Note: Items of income excluded from federal taxable net income should not have been deducted as an expense on Schedule A. pursuant to U.S. tax treaties with the following countries However, if the corporation expensed such taxes on Schedule A, are not required to be added back: India, Canada, Japan, these taxes must be included in Part I, line 34. Germany, Mexico, Belgium, and the United Kingdom. This list of countries is not all-inclusive. For information on a Line 36a – Depreciation modification being added to income specific treaty country, contact the Division of Taxation. Enter the depreciation and other adjustments being added to income from Schedule S. See Schedule S instructions for more information. - 6 - |
Line 38 through line 44 – For privilege periods Line 45 – Allocated Entire Net Income Subtract line 43 from line 42 and enter the result. ending on and after July 31, 2019, multiple changes to the application of several provisions Part II took effect: Line 1 – Entire net income that is subject to federal corpo- Line 38 – Entire net income before net operating loss de- rate income taxation duction and dividend exclusion Line 1 must reflect the income used as a basis in determining Enter the net of lines 32 through 37e. the federal tax payable by the corporation as reported on fed- eral Form 1120-S, such as certain built-in gains, net passive Note: The amount reported on Schedule A, line 36b must be income, etc. Built-in gains must be reported on line 23d as a subtracted when netting lines 32 through 37e. gross amount exclusive of any net effects of taxes paid by the corporation. Line 39 – Allocation Factor from Schedule J Enter allocation factor from Schedule J. If all receipts were Line 2 – Allocation Factor derived from only New Jersey sources, enter 1.000000. See Enter the allocation factor from Schedule J. Schedule J instructions for more information. Line 3 – Allocated Entire Net Income before net operating Line 40 – Allocated entire net income/(loss) before net oper- loss deductions ating loss deductions and dividend exclusion Multiply line 1 by line 2. Multiply line 38 by line 39 and enter the result. If zero or less, also enter zero on line 45. Line 4 – Deduction for Available Converted Net Operation Losses Note: A net operating loss for a tax year may be carried forward For privilege periods ending on and after July 31, 2019, a tax- as a net operating loss deduction to a succeeding year. payer may use their New Jersey net operating loss deductions An S corporation may carry forward losses generated against their allocated entire net income that is subject to federal as a C corporation prior to its New Jersey S election. A corporate income taxation. Enter the amount of net operating net operating loss is the excess of allowable deductions loss deduction from Form 500S. over gross income used in computing entire net income. Neither a net operating loss deduction nor the dividend Line 5 – Taxable Net Income subject to federal corporate exclusion is an allowable deduction in computing a net income taxation operating loss. Post-allocation net operating losses expire Subtract line 4 from line 3 and also enter the result on page 1, 20 privilege periods after the loss was originally gener- line 1. ated. Information on the net operating losses must be detailed on Form 500S. Schedule A-2 Net operating losses/net operating loss carryovers now occur on a post-allocation basis. If the tax- Cost of Goods Sold payer has net operating losses from before July 31, The amounts reported on this schedule must be the same as 2019, those unused unexpired pre-allocation net the amounts reported on the taxpayer’s federal Form 1125-A of operating loss carryovers must be converted to prior net oper- the federal pro forma or federal return, whichever is applicable. ating loss conversion carryovers using the allocation factor Include Form 1125-A with the return. from the taxpayer’s last tax year prior to the change to post-al- location net operating losses. For more information, see Tech- nical Bulletin, TB-94, General Information on the New Net Schedule A-3 Operating Loss Regime for Tax Years Ending on and After Summary of Tax Credits July 31, 2019. This schedule must be completed if any tax credits are being claimed for the current tax period. Any tax credit(s) claimed on Line 41 – Deduction for current converted net operation this schedule must be documented with a valid New Jersey Cor- losses Enter the amount of current converted net operating losses from poration Business Tax credit form and must be included with the Form 500S. tax return. See page 15 for a list of available credit forms and for instructions on obtaining them. If the taxpayer is claiming a valid Line 42 – Allocated entire net income before allocated divi- tax credit that is allowable in accordance with the New Jersey dend exclusion Corporation Business Tax Act for which a place has not been Subtract line 41 from line 40 and enter the result. If the amount provided somewhere else on the schedule, report the “Other” is zero or less, enter zero here and on line 45. line in the appropriate section of Schedule A-3. Line 43 – Allocated Dividend Exclusion Taxpayers must include the appropriate credit Enter the amount from Schedule R, line 13. form in the year the credit was earned even if they are not claiming the credit on their tax return. Note: The amount of the dividend exclusion allowed to be taken as a deduction is limited to the amount of income reported on Schedule A, line 42 for the tax year. Part I – Tax Credits Used Against Liability The total on line 28 must equal the amount reported on page 1, Pursuant to N.J.S.A. 54:10A-4(k)(5), N.J.S.A. 54:10A-4(u), line 3. Amounts to be entered are calculated on the credit forms. N.J.S.A. 54:10A-4(v), and N.J.S.A. 54:10A-4(w), the dividend See the specific New Jersey Corporation Business Tax credit exclusion is now an allocated exclusion. form for information about each credit. - 7 - |
Note: Most tax credits cannot reduce the tax liability below the minimum tax. However, there are rare instances where it Schedule F can. Follow the instructions on the credit form regarding Corporate Officers – General Information and how and where to record the information to ensure the Compensation credit is properly offsetting the tax liability. All applicable information should be provided for each corporate officer regardless of whether compensation was received. The Part II – Refundable Tax Credits data reported on Schedule F must match what is reported on If the credit form calculates an amount to be refunded, enter the federal Form 1125-E. Include Form 1125-E with your return. refundable portion on the appropriate line. The total on line 5 must equal the amount reported on page 1, line 8c. Schedule G Schedule A-4 Interest If the taxpayer is claiming an exception to the disallowance of Summary Schedule the expense reported in Part I or Part II of Schedule G, the tax- Every corporation must complete this schedule. Report the payer must complete and include Schedule G-2. The schedule is information on each line of Schedule A-4 from the return available on the Division’s website. schedules indicated. All lines must be completed as applicable. Non-allocating taxpayers must enter 1.000000 on line 5. Note: For tax years beginning on or after January 1, 2018, the treaty exceptions have been limited pursuant to P.L. 2018, c. 48. There are additional requirements to meet Schedule A-GR the treaty exceptions that are reported for the purposes of Computation of New Jersey Gross Receipts and Part I and Part II of Schedule G. See the instructions for Schedule G-2 for more information. Minimum Tax Subtract line 3 from line 2 on page 1. If the resulting tax liability Definitions is less than $1,500, complete this schedule. Enter the greater Related member means a person that, with respect to the tax- of the computed tax liability or the amount on Schedule A-GR, payer during all or any portion of the tax year is (1) a related line 7 on page 1, line 4. 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 The minimum tax is assessed based on the New Jersey Gross of stock ownership in accordance with subsection (e) of I.R.C. Receipts as follows: § 1563, or (4) a person that, notwithstanding its form of organi- zation, bears the same relationship to the taxpayer as a person New Jersey Gross Receipts Minimum Tax described in (1) through (3) of this definition. Less than $100,000 $375 $100,000 or more but less than $250,000 $562 means (1) a stockholder who is an individual or a Related entity $250,000 or more but less than $500,000 $750 member of the stockholder’s family enumerated in I.R.C. § 318, $500,000 or more but less than $1,000,000 $1,125 $1,000,000 or more $1,500 if the stockholder and the members of the stockholder’s family own, directly, indirectly, beneficially or constructively, in the ag- If a taxpayer is filing a separate return and is a member of an gregate, at least 50% of the value of the taxpayer’s outstanding affiliated or controlled group (as per I.R.C. § 1504 or § 1563) stock; (2) a stockholder, or a stockholder’s partnership, limited that has a total payroll of $5,000,000 or more for the tax year, liability company, estate, trust or corporation, if the stockholder the minimum tax is $2,000 regardless of the amount of the tax- and the stockholder’s partnerships, limited liability companies, payer’s New Jersey gross receipts. In such instances, Schedule estates, trusts and corporations own directly, indirectly, bene- A-GR does not need to be completed. Tax years of less than ficially or constructively, in the aggregate, at least 50% of the 12 months are subject to the higher minimum tax if the prorated value of the taxpayer’s outstanding stock; or (3) a corporation, or total payroll exceeds $416,667 per month. Total payroll refers to a party related to the corporation in a manner that would require the total payroll of the affiliated group rather than total New Jer- an attribution of stock from the corporation to the party or from sey payroll of a single corporation. Taxpayers that are members the party to the corporation under the attribution rules I.R.C. of an affiliated or controlled group must submit a schedule of § 318, if the taxpayer owns, directly, indirectly, beneficially or payroll per member and a copy of the taxpayer’s federal affilia- constructively, at least 50% of the value of the corporation’s out- tions schedule, Form 851, with the return. standing stock. The attribution rules of I.R.C. § 318, shall apply for purposes of determining whether the ownership requirements The minimum tax cannot be prorated. In general, zero (0) of this definition have been met. returns are not permitted. Intangible expenses and costs includes (1) expenses, losses, and costs, for, related to, or in connection directly or indirectly Schedule B with the direct or indirect acquisition, use, maintenance or man- Schedule B has been discontinued. The Division will agement, ownership, sale, exchange, or any other disposition use data from federal Form 1120-S, Schedule L. of intangible property to the extent such amounts are allowed as deductions or costs in determining taxable income before operating loss deduction and special deductions for the tax year under the federal Internal Revenue Code of 1986, 26 U.S.C. s.1 Schedule C et seq., (2) losses related to, or incurred in connection directly or Schedule C has been discontinued. The Division will indirectly with factoring transactions or discounting transactions, use data from federal Form 1120-S, Schedules M-1, (3) royalty, patent, technical and copyright fees, (4) licensing M-2, and M-3. fees, and (5) other similar expenses and costs. - 8 - |
Intangible Property means patents, patent applications, trade if shipped to a New Jersey or a non-New Jersey customer where names, trademarks, service marks, copyrights, mask works, possession is transferred in New Jersey. Receipts from the sale trade secrets, and similar types of intangible assets. of goods shipped to a taxpayer from outside New Jersey to a New Jersey customer by a common carrier are allocable to New Intangible Interest Expenses and Costs means amounts Jersey. Receipts from the sale of goods shipped from outside directly or indirectly allowed as deductions under I.R.C. § 163 New Jersey to a New Jersey location where the goods are for purposes of determining taxable income under the code to picked up by a common carrier and transported to a customer the extent such expenses and costs are directly or indirectly for, outside New Jersey are not allocable to New Jersey. Receipts related to, or in connection with the direct or indirect acquisition, from the following are allocable to New Jersey: services per- maintenance, management, ownership, sale, exchange or dis- formed if the benefit of the service is received in New Jersey; position of intangible property. rentals from property situated in New Jersey; royalties from the use in New Jersey of patents, copyrights, and trademarks; all Part I – Interest other business receipts earned in New Jersey. Interest paid, accrued, or incurred to related members that was deducted in computing taxable net income on Schedule A, Part II, Receipts from Sales of Capital Assets. Receipts from sales line 5 must be reported on Schedule G, Part I. If the taxpayer is of capital assets (property not held by the taxpayer for sale to claiming an exception to the disallowance, complete and include customers in the regular course of business), either within or Schedule G-2, and include the appropriate amount on Sched- outside New Jersey, should be included in the numerator and ule G, Part I, line 1b. the denominator based on the net gain recognized and not on gross selling prices. If the taxpayer’s business is the buying and Do not include interest expenses and costs that were deducted selling of real estate or the buying and selling of securities for directly or indirectly for, related to, or in connection with the trading purposes, gross receipts from the sale of such assets direct or indirect acquisition, maintenance, management, own- should be included in the numerator and the denominator of the ership, sale, exchange, or disposition of intangible property in receipts fraction. Part I of Schedule G. These expenses and costs are, however, required to be included in Part II. For tax years ending on and after July 31, 2019, services are sourced based on market sourcing, not cost of performance. Part II – Interest expenses and costs and Note: The amount of dividends (deemed and/or paid dividends) intangible expenses and costs excluded from entire net income pursuant to N.J.S.A. Interest expenses and costs and intangible expenses and costs 54:10A-4(k)(5), are not included in the numerator or de- directly or indirectly paid, accrued, or incurred to, or in connec- nominator of the receipts fraction. However, the dividend tion directly or indirectly with one or more direct or indirect trans- (deemed and/or paid dividends) values that are not ex- actions with one or more related members that were deducted in cluded are included in the numerator or denominator. computing taxable net income on Schedule A, Part II, line 5 must be reported on Schedule G, Part II. If the taxpayer is claiming an Schedule J must be completed after calculating the exception to the disallowance, complete and include Schedule Dividend Exclusion line on the respective parts G-2, and include the appropriate amount on Schedule G, Part II, of Schedule R but before calculating the line for line 1b. Schedule G-2 is available on the Division’s website. Allocated Dividend Exclusion. Line 1h – Single Sales Fraction Schedule H Divide line 1f (New Jersey based receipts) by line 1g (Total Re- Taxes ceipts everywhere) and enter the result. When computing the Itemize all taxes that were in any way deducted in arriving at tax- allocation factor in Schedule J, division must be carried to six (6) able net income, whether reflected in Schedule A, Part I at line 2 decimal places, e.g., 0.123456. (Cost of goods sold and/or operations), line 12 (Taxes), line 19 (Other deductions) or anywhere else on Schedule A. Schedule K Shareholders’ Shares of Income, Deductions, Etc. Schedule J If the S corporation was completely liquidated during the tax Computation of Allocation Factor year, see the instructions for Schedule K Liquidated. If taxpayer does not have receipts outside New Jersey, the al- location factor will be 100% (1.000000) and there is no need to Part I complete this schedule. All other taxpayers must complete this Line 1 – Enter the total number of shareholders as of the closing schedule to calculate the allocation factor. date of this return. Only activities related to operational activity are to be used in Line 2 – Enter the total number of nonresident shareholders in- computing the general allocation factors. If the taxpayer has cluded on line 1 above. nonoperational activity, see Schedule O. If the taxpayer has non- unitary partnership income, see Schedule P-1. Lines 3a and b – Enter the total number of nonconsenting shareholders included on line 1 and the percentage of stock Lines 1a–1e – Receipts Fraction owned as of the closing date of this return. A nonconsenting Receipts from sales of tangible personal property are allocated shareholder is not an initial shareholder of a New Jersey S cor- to New Jersey if the goods are shipped to points within New Jer- poration, but one that has acquired stock after the original New sey. Receipts from the sale of goods are allocable to New Jersey Jersey S election and has failed to consent to the New Jersey tax jurisdiction. - 9 - |
Part II – New Jersey S Corporation Income (Loss) Line 7 – For tax years beginning on or after January 1, 2004, if Lines 2a–2l – Enter the amounts of income or loss as reported the federal special bonus depreciation allowance or IRC Sec- on the corresponding lines of your federal Form 1120-S, Sched- tion 179 expense were deducted for assets placed in service ule K. on or after January 1, 2004, then a New Jersey depreciation adjustment is required. Use Gross Income Tax Depreciation On line 2i, report any gains or losses from the disposition of Adjustment Worksheet, GIT-DEP, to calculate the depreciation property in which a section 179 expense was claimed and adjustment for the assets’ initial years and for subsequent years passed through to the S corporation shareholders. until property is fully depreciated or disposed of; for adjustments to federal Section 179 recapture income; and for adjustments to Lines 4a–4e Additions the gain or loss from disposition of such assets. Enter the results Line 4a – Enter any State and municipal interest income that on this line. Worksheet GIT-DEP is available on the Division’s was not included in line 3. Do not include interest received or website. credited from obligations of the State of New Jersey or any of its political subdivisions. Part III – Allocation of S Corporation Income (Loss) Line 4b – Enter the total taxes paid or accrued to the United If you have completed Schedule O, Nonoperational Line 1a – States, a state, a political subdivision thereof, or the District Activity, enter the amount reported on Part I, line 34, of Sched- of Columbia on or measured by profits or income, or business ule O. If you have not completed Schedule O, enter zero on this presence or business activity, including income taxes paid or line. If the nonoperational income has already been deducted accrued by the corporation on behalf of, or in satisfaction of from line 1 via adjustments made in Part II, make no adjust- the liabilities of, the shareholders of the corporation, taken as a ments on this line. deduction on the CBT-100S, Schedule A and reflected in line 3, Part II of Schedule K. Line 1b – Enter the net effect of the elimination of nonunitary partnership income and expenses from Schedule P-1, Part II, Line 4c – Enter all interest on indebtedness incurred or contin- line 4. ued, expenses paid and incurred to purchase, carry, manage or conserve, and expenses of collection of the income or gain from Line 5 – If you have completed Schedule O, Nonoperational obligations the income or gain from which is deductible pursuant Activity, enter the amount reported on Part III, line 31, column C, to N.J.S.A. 54A:6-14 and 6-14.1, and reflected in line 3, Part II of Total Allocated New Jersey Portion. If you have not completed Schedule K. Schedule O, enter a zero on this line. Line 4d – Enter any losses reflected in line 3 that are not de- ductible for New Jersey Gross Income Tax purposes pursuant to Part IV-A – Analysis of New Jersey Accumulated N.J.S.A. 54A:6-14 and 6-14.1, i.e., losses from exempt federal Adjustments Account (AAA) obligations and/or obligations of the State of New Jersey or its This account reflects New Jersey S corporation earnings after a political subdivisions. New Jersey S corporation election has been filed and approved. Lines 6a–g Subtractions Note: If applicable, the allocation percentage from Schedule K, Line 6a – Enter any interest income reflected in line 3 that is not Part III, line 3 should be used for all allocated amounts subject to New Jersey Gross Income Tax pursuant to N.J.S.A. indicated below. 54A:6-14 and 6-14.1, i.e., interest income on exempt federal obligations. Column A – New Jersey AAA, includes: • Resident – All items of income, loss, reduction, or distribution Line 6b – Enter any gains reflected in line 3 that are not subject regardless of where it is generated (include both allocated to New Jersey Gross Income Tax pursuant to N.J.S.A. 54A:6-14 and non-allocated amounts). Allocated and non-allocated and 6-14.1, i.e., gains or losses from exempt federal obligations amounts refer to the corporation’s New Jersey allocation and/or obligations of the State of New Jersey or its political factor. subdivisions. • Nonresident – Items of income, loss, reduction or distribu- Line 6c – IRC Section 179 expenses from federal Schedule K. tion generated from New Jersey sources (include allocated amounts only). Line 6d – 50% of business meal expenses and 100% of enter- tainment expenses not deductible for federal purposes. Column B – Non-New Jersey AAA, includes: • Resident – No items. Line 6e – Charitable contributions from federal Schedule K. • Nonresident – Items of income, loss, reduction, or distri- bution generated from non-New Jersey sources (include Line 6f – Include any expenses to generate federal tax-exempt non-allocated amounts only). income that is taxable for New Jersey Gross Income Tax pur- poses. Submit a schedule. Also include any other items that are Line 1 – Enter the prior year ending balance of the New Jersey excludable or deductible from S corporation income under the Accumulated Adjustments Account (AAA). For the first year of New Jersey Gross Income Tax Act. the New Jersey S corporation election, the beginning balance of the New Jersey AAA account will be zero. Note: For tax years beginning on or after January 1, 2018, IRC Section 199 has been repealed for federal purposes and Line 2 – Enter the net pro rata share of allocated and non-al- no deduction is allowed for New Jersey purposes. For located S corporation income or loss for resident shareholders New Jersey Corporation Business Tax and Gross Income and the net pro rata share of allocated S corporation income for Tax purposes, the IRC Section 199A is disallowed for tax nonresident shareholders. years beginning on and after January 1, 2018. - 10 - |
Line 3 – Enter the total of the allocated and non-allocated not allocated to New Jersey in column (D). Enter on page 1, tax-exempt income or loss for resident shareholders and the al- lines 10 and 11 of the CBT-100S, the totals reported from Part located tax-exempt income or loss for nonresident shareholders. VII, column (C), the income allocated to New Jersey, and column (F), Gross Income Tax Paid, respectively. If the income allocated Line 4 – Enter the total of the allocated and non-allocated to New Jersey is a loss, enter a zero (0) on lines 10 and 11 on other reduction(s) for resident shareholders and the allocated page 1 of the CBT-100S. other reduction(s) for nonresident shareholders. Other reduc- tions include taxes based on income paid by the S corporation (the taxes added back on Schedule K, Part II, line 4b), health Schedule K Liquidated or life insurance paid by the S corporation, fines and penalties paid by the S corporation, and club dues paid by the S corpo- Shareholders’ Shares of Income, Deductions, Etc. ration. Also, other reductions should include any other adjust- Special Instructions for S corporations completely liquidated ments for expenses that are nondeductible for federal income during the tax year – Under New Jersey Gross Income Tax reg- tax purposes in determining income but must be taken into ulation 18:35-1.5(k)2, a complete liquidation of an S corporation consideration in calculating the ending balance of AAA in the is deemed to occur in the tax year when all of the S corpora- year the expenses are incurred or paid, and are not already in- tion’s assets have been sold or deemed to have been sold, ex- cluded in Schedule K, Part II. Provide a schedule detailing other changed, disposed, or distributed and all of the S corporation’s reductions. stock has been sold, exchanged, or disposed. If both of these criteria are met and the S corporation was completely liquidated Line 5 – Enter the total of lines 1, 2, 3, and 4. during the tax year, Schedule K Liquidated must be prepared instead of Schedule K. Line 6 – Enter the total of the allocated and non-allocated distribution(s) for the resident shareholder and the allocated dis- Column A – S Corporation Income, Gains, Losses Prior to Dis- tribution(s) for the nonresident shareholder. Federal rules gov- position of Assets: List in column A the income, gains, losses, erning distributions must be followed. and New Jersey adjustments from and applicable to the S cor- poration’s operations, activities, and transactions prior to the Part IV-B – New Jersey Earnings and Profits complete sale, exchange, or other disposition of all of the S cor- poration’s assets. The total will be reported on the shareholders’ Account Schedule NJ-K-1 as “Pro rata share of S corporation income/ This account reflects New Jersey C corporation earnings prior to loss.” any New Jersey S corporation election. Column B – Income, Gains, Losses from Disposition of Corpo- Line 1 – Enter the beginning balance of the New Jersey E & P rate Assets: List in column B the income, gains, losses, and New account. For the first year of the New Jersey S corporation elec- Jersey adjustments derived from and applicable to the S corpo- tion, the beginning balance of the earnings and profits account ration’s complete sale, deemed sale, exchange, distribution, or will be the retained earnings of the corporation prior to the New other disposition of all of its assets. The total will be reported on Jersey S election. If the retained earnings of the corporation the shareholders’ Schedule NJ-K-1 as “Total gain/loss from the prior to the New Jersey S election is a negative amount, enter disposition of assets.” zero. Line 2 – Enter any additions or adjustments that must be made Part I for federal income tax purposes. Line 1 – Enter the total number of shareholders as of the closing date of this return. Line 3 – Enter any dividends paid during the tax year from the earnings and profits account. See instructions for Part IV-A, Line 2 – Enter the total number of nonresident shareholders in- line 6. cluded on line 1 above. Lines 3a and 3b – Enter the total number of nonconsenting Parts V, VI, and VII shareholders included on line 1 and the percentage of stock Complete Parts V, VI, and VII including shareholders’ full names owned as of the closing date of this return. A nonconsenting and Social Security numbers. List all shareholders in the S shareholder is not an initial shareholder of a New Jersey S cor- corporation receiving either a federal or New Jersey K-1. If addi- poration, but one that has acquired stock after the original New tional space is required, include separate schedules in the exact Jersey S election and has failed to consent to the New Jersey format for the additional shareholders. tax jurisdiction. Part V – For resident shareholders, indicate their pro rata share Line 4 – Enter the date the assets were fully disposed. of S corporation income/loss from all sources in column (C), and the actual total amount of distributions, whether in cash and/or Line 5 – Enter the date the shareholders’ stock was fully property, in column (D). disposed. Part VI – For consenting nonresident shareholders, indicate the income/loss allocated to New Jersey in column (C), and Part II – New Jersey S Corporation Income (Loss) the income/loss not allocated to New Jersey in column (D) and Lines 2a–2e, 2h, 2k, and 2l – Enter the amounts of income or the actual total amount of distributions, whether in cash and/or loss as reported on the corresponding lines of your federal Form property, in column (E). 1120-S, Schedule K. Part VII – For nonconsenting shareholders, indicate the income/ Lines 2f, 2g, 2i, and 2j – In column A, enter the amounts ap- loss allocated to New Jersey in column (C) and the income/loss plicable to operations and transactions prior to the complete disposition of corporate assets. In column B, enter the amounts applicable to the complete disposition of corporate assets. - 11 - |
On line 2i report any gains or losses from the disposition of Tax purposes, the IRC Section 199A is disallowed for tax property in which a section 179 expense was claimed and years beginning on and after January 1, 2018. passed through to the S corporation shareholders. Line 7 – For tax years beginning on or after January 1, 2004, if Lines 4a–4e Additions the federal special bonus depreciation allowance or IRC Sec- Line 4a – Enter any State and municipal interest income that tion 179 expense were deducted for assets placed in service was not included in line 3. Do not include interest received or on or after January 1, 2004, then a New Jersey depreciation credited from obligations of the State of New Jersey or any of its adjustment is required. Use Gross Income Tax Depreciation political subdivisions. Adjustment Worksheet, GIT-DEP, to calculate the depreciation adjustment for the assets’ initial years and for subsequent years Line 4b – Enter the total taxes paid or accrued to the United until property is fully depreciated or disposed of; for adjustments States, a state, a political subdivision thereof, or the District to federal Section 179 recapture income; and for adjustments of Columbia on or measured by profits or income, or business to the gain or loss from disposition of such assets. Enter the presence or business activity, including income taxes paid or results on this line. This worksheet is available on the Division’s accrued by the corporation on behalf of, or in satisfaction of website. the liabilities of, the shareholders of the corporation, taken as a deduction on the CBT-100S, Schedule A and reflected in line 3, Part III – Allocation of S Corporation Income Part II of Schedule K Liquidated. (Loss) Line 4c – Enter all interest on indebtedness incurred or contin- Line 1a – If you have completed Schedule O, Nonoperational ued, expenses paid and incurred to purchase, carry, manage or Activity, enter the amount reported on Part I, line 34, of Schedule conserve, and expenses of collection of the income or gain from O. If you have not completed Schedule O, enter zero on this line. obligations the income or gain from which is deductible pursuant If the nonoperational income has already been deducted from to N.J.S.A. 54A:6-14 and 6-14.1, and reflected in line 3, Part II of line 1 via adjustments made in Part II, make no adjustments on Schedule K Liquidated. this line. Line 4d – Enter any losses reflected in line 3 that are not de- Line 1b – Enter the net effect of the elimination of nonunitary ductible for New Jersey Gross Income Tax purposes pursuant to partnership income and expenses from Schedule P-1, Part II, N.J.S.A. 54A:6-14 and 6-14.1, i.e., losses from exempt federal line 4. obligations and/or obligations of the State of New Jersey or its political subdivisions. Line 5 – If you have completed Schedule O, Nonoperational Activity, enter the amount reported on Part III, line 31, column C, Line 4e – In column A, enter the amounts applicable to opera- Total Allocated New Jersey Portion. If you have not completed tions and transactions prior to the complete disposition of cor- Schedule O, enter a zero on this line. porate assets. In column B, enter the amounts applicable to the complete disposition of corporate assets. Part IV-A – Analysis of New Jersey Accumulated Adjustments Account (AAA) Lines 6a–6f Subtractions This account reflects New Jersey S corporation earnings after a Line 6a – Enter any interest income reflected in line 3 that is not New Jersey S corporation election has been filed and approved. subject to New Jersey Gross Income Tax pursuant to N.J.S.A. 54A:6-14 and 6-14.1, i.e., interest income on exempt federal Note: If applicable, the allocation percentage from Schedule K obligations. Liquidated, Part III, line 3 should be used for all allocated amounts indicated below. Line 6b – Enter any gains reflected in line 3 that are not subject to New Jersey Gross Income Tax pursuant to N.J.S.A. 54A:6-14 Column A – New Jersey AAA, includes: and 6-14.1, i.e., gains or losses from exempt federal obligations • Resident – All items of income, loss, reduction, or distribution and/or obligations of the State of New Jersey or its political regardless of where it is generated (include both allocated subdivisions. and non-allocated amounts). Allocated and non-allocated amounts refer to the corporation’s New Jersey allocation Line 6c – IIRC Section 179 expenses from federal Schedule K. factor. Line 6d – 50% of business meal expenses and 100% of enter- • Nonresident – Items of income, loss, reduction or distribu- tainment expenses not deductible for federal purposes. tion generated from New Jersey sources (include allocated amounts only). Line 6e – Charitable contributions from federal Schedule K. Column B – Non-New Jersey AAA, includes: Line 6f – In column A, enter the amounts applicable to oper- • Resident – No items. ations and transactions prior to the complete disposition of corporate assets. In column B, enter the amounts applicable to • Nonresident – Items of income, loss, reduction or distri- the complete disposition of corporate assets. Include any other bution generated from non-New Jersey sources (include items that are excludable or deductible from S corporation in- non-allocated amounts only). come under the New Jersey Gross Income Tax Act. Line 1 – Enter the prior year ending balance of the New Jersey Note: For tax years beginning on or after January 1, 2018, IRC Accumulated Adjustments Account (AAA). For the first year of Section 199 has been repealed for federal purposes and the New Jersey S corporation election, the beginning balance of no deduction is allowed for New Jersey purposes. For the New Jersey AAA account will be zero. New Jersey Corporation Business Tax and Gross Income - 12 - |
Line 2 – Enter the net pro rata share of allocated and Enter the gain/loss on disposition of assets from all sources in non-allocated S corporation income or loss for resident share- column (D). Enter the actual total amount of distributions (prior holders and the net pro rata share of allocated S corporation to and including liquidating), whether in cash and/or property, in income for nonresident shareholders. column (E). Line 3 – Enter the total of the allocated and non-allocated Part VI – For consenting nonresident shareholders, indicate the tax-exempt income or loss for resident shareholders and the al- income/loss allocated to New Jersey in column (C) and the in- located tax-exempt income or loss for nonresident shareholders. come/loss not allocated to New Jersey in column (D). Enter the gain/loss on disposition of assets allocated to New Jersey in col- Line 4 – Enter the total of the allocated and non-allocated other umn (E) and the gain/loss on disposition of assets not allocated reduction(s) for resident shareholders and the allocated other to New Jersey in column (F). Enter the actual total amount of reduction(s) for nonresident shareholders. Other reductions distributions (prior to and including liquidating), whether in cash include taxes based on income paid by the S corporation (the and/or property, in column (G). taxes added back on Schedule K Liquidated, Part II, line 4b), health or life insurance paid by the S corporation, fines and Part VII – For nonconsenting shareholders, indicate the income/ penalties paid by the S corporation, and club dues paid by the loss allocated to New Jersey in column (C) and the income/ S corporation. Also, other reductions should include any other loss not allocated to New Jersey in column (D). Enter the gain/ adjustments for expenses that are nondeductible for federal loss on disposition of assets allocated to New Jersey in column income tax purposes in determining income but must be taken (E) and the gain/loss on disposition of assets not allocated to into consideration in calculating the ending balance of AAA in New Jersey in column (F). Combine the totals of column (C) and the year the expenses are incurred or paid, and are not already column (E) and enter on page 1, line 10 of the CBT-100S. Enter included in Schedule K Liquidated, Part II. Provide a schedule the total of column (H), Gross Income Tax Paid, on line 11. If the detailing other reductions. income allocated to New Jersey is a loss, enter a zero (0) on lines 10 and 11 of the CBT-100S. Line 5 – Enter the total of lines 1, 2, 3 and 4. Line 6 – Enter the total of the allocated and non-allocated distri- bution(s) for the resident shareholder and the allocated distribu- Schedule PC tion(s) for the nonresident shareholder. Federal rules governing Per Capita Licensed Professional Fee distributions must be followed. Professional Corporations (PC) formed under N.J.S.A. 14A:17-1 et seq. or any similar laws of a possession or territory of the US, Part IV-B – New Jersey Earnings and Profits a state, or political subdivision thereof, are liable for a fee on Li- censed Professionals. Account This account reflects New Jersey C corporation earnings prior to Per N.J.S.A. 14A:17-3, examples of licensed professionals are: any New Jersey S corporation election. certified public accountants, architects, optometrists, profes- sional engineers, land surveyors, land planners, chiropractors, Line 1 – Enter the beginning balance of the New Jersey E&P physical therapists, registered professional nurses, dentists, os- account. For the first year of the New Jersey S corporation elec- teopaths, physicians and surgeons, doctors of medicine, doctors tion, the beginning balance of the earnings and profits account of dentistry, podiatrists, veterinarians and, subject to the Rules of will be the retained earnings of the corporation prior to the New the Supreme Court, attorneys at law. Jersey S election. If the retained earnings of the corporation prior to the New Jersey S election is a negative amount, enter Note: Licenses acquired through vocational training and/or zero. apprenticeships within those trades are not considered licensed professionals. Examples include plumbers, elec- Line 2 – Enter any additions or adjustments that must be made tricians, HVAC technicians, cosmetologists, fire and bur- for federal income tax purposes. glar alarm services, acupuncturists, hair stylists, elevator, escalator, and moving walkway mechanics, locksmiths, Line 3 – Enter any dividends paid during the tax year from the and court reporters. earnings and profits account. See instructions for Part IV-A, line 6. The fee is assessed provided there are more than two profes- sionals in the PC. The fee is assessed on professionals that are Parts V, VI, and VII owners, shareholders, and/or employees of the Professional Complete Parts V, VI, and VII including shareholders’ full names Corporation. The number of professionals should be calculated and Social Security numbers. List all shareholders in the S using a quarterly average. The fee for each resident and non- corporation receiving either a federal or New Jersey K-1. If addi- resident professional with physical nexus with New Jersey is tional space is required, include separate schedules in the exact $150. The fee for each nonresident professional without physical format for the additional shareholders. nexus with New Jersey is $150 multiplied by the allocation factor of the corporation. The fee is limited to $250,000 per year. Determine each shareholder’s Pro Rata Share of Income/ Loss based on Schedule K Liquidated, Part III, column A, In the event of a period shorter than a year, the fee and limit may lines 6 and 7. Determine each shareholder’s Gain/Loss on be prorated by months. A fraction of a month is deemed to be a Disposition of Assets based on Schedule K Liquidated, month. Part III, column B, lines 6 and 7. Check the box on page 1 to indicate the corporation is a Profes- Part V – For resident shareholders, indicate their pro rata share sional Corporation. of S corporation income/loss from all sources in column (C). - 13 - |
Part II, line 4 – Installment Payment: A fifty percent (50%) pre- 2017, in addition to the already broad Corporation Business Tax payment towards the subsequent year’s fee is required with the attribution rules. current year’s return. Part I is for reporting information from domestic subsidiaries. Part II, line 8 – Credit: Amount to be credited towards next year’s Part II is for reporting information on foreign subsidiaries. fee. This fee is not eligible for refund. Schedule R Schedule P-1 Dividend Exclusion Partnership Investment Analysis For privilege periods ending on and after July 31, 2019, the divi- Part I – Partnership Information dend exclusion is a post-allocation exclusion. Itemize the investment in each partnership, limited liability com- pany, and any other entity that is treated for federal tax purposes Dividends from all sources must be included in Schedule A. as a partnership. List the name, the federal identification number, However, taxpayers may exclude from entire net income 95% and the date and state where organized for each partnership. of dividends from qualified subsidiaries, if such dividends were Also, check the type of ownership (general or limited), the tax ac- included in the taxpayer’s gross income on Schedule A. counting method used to reflect your share of partnership activity on this return (flow through method or separate accounting) and Taxpayers cannot include the following as part of the dividend whether or not the partnership has nexus in New Jersey. Itemize exclusion: in column 7 the amount of tax payments made on behalf of the taxpayer by partnership entities. Carry the total amount of taxes • Money market fund or REIT income; paid on behalf of taxpayer to page 1, line 8b. Include a copy of • GILTI or FDII (this is not considered income from dividends or Schedule NJK-1 from Form NJ-1065 if the partnership is filing in deemed dividends for New Jersey Corporation Business Tax New Jersey, or the federal Schedule K-1 if not. Any one member purposes); or limited liability company must be included on this schedule. • The portion of I.R.C. § 78 gross-up deducted on line 37a of Part II – Separate Accounting of Nonunitary Partnership Schedule A, Part I. Income A qualified subsidiary is defined as ownership by the taxpayer Taxpayers that use a Separate Tax Accounting Method on of at least 80% of the total combined voting power of all classes nonunitary partnership investments must complete Part II to of stock entitled to vote and at least 80% of the total number compute the appropriate amount of tax. Pursuant to N.J.S.A. of shares of all other classes of stock, except non-voting stock 54:10A-6, taxpayers must enter a single sales factor allocation which is limited and preferred as to dividends. With respect to in column 3. Do not use three factor allocation (property, payroll, other dividends, the exclusion is limited to 50% of such divi- and sales) from the Partnership return (Form NJ-1065). dends included in the taxpayer’s gross income on Schedule A, provided the taxpayer owns at least 50% of voting stock and 50% of the total number of shares of all other classes of stock. Schedule P Subsidiary Investment Analysis If the taxpayer received tiered dividends from a tiered subsidi- Itemize the investment in each subsidiary company in which ary that filed and paid tax in excess of the minimum tax to New the taxpayer holds 80% or more of the combined voting power Jersey on those same dividends, do not include these dividends of all classes of stock entitled to vote and at least 80% of the on Schedule R. The tiered dividend exclusion from certain sub- total number of shares of all other classes of stock. For each sidiaries is calculated separately on Form 332. See Form 332 subsidiary, report the name, the percentage of interest held in for more information. The form is available on the Division’s each company, the individual book value included in the bal- website. ance sheet for each subsidiary investment, and the amount of dividends paid and/or deemed received that is included in gross New Jersey follows the federal ownership attribu- income on Schedule A. Do not include advances or other receiv- tion rule changes under I.R.C. § 958(b) and I.R.C. § ables due to subsidiaries in the book value reported at column 3. 318 that broadened the federal attribution rules that Include the gross I.R.C. § 965(a) amount (not the net amount). were retroactive to January 1, 2017, in addition to Federal previously taxed dividends must be included. However, the already broad Corporation Business Tax attribution rules. dividends that have been previously taxed by New Jersey are not included on Schedule P, but must be reported on Sched- See N.J.S.A. 54:10A-4(k)(5), N.J.S.A. 54:10A-4(u), N.J.S.A. ule PT. In addition, do not include the following: 54:10A-4(v), and N.J.S.A. 54:10A-4(w) for more information. • Money market fund or REIT income; Schedule PT – Previously Taxed Dividends: If you had sub- sidiary dividend income that was reported in a previous tax year • GILTI or FDII (this is not considered income from dividends or for New Jersey Corporation Business Tax purposes and for deemed dividends for New Jersey Corporation Business Tax which you paid greater than the New Jersey minimum tax in that purposes); or tax year and those same dividends are included in your entire • The portion of I.R.C. § 78 gross-up deducted on line 37a of net income this tax year, complete Schedule PT in conjunction Schedule A, Part I. with Schedule R. See Schedule PT for more information. The schedule is available on the Division’s website. New Jersey follows the Federal ownership attribution rule changes under I.R.C. §958(b) and I.R.C. §318 that broadened the federal attribution rules that were retroactive to January 1, - 14 - |
Schedule S Schedule NJ-K-1 All taxpayers must complete this schedule and must include a Shareholder’s Share of Income/Loss copy of a completed federal Depreciation Schedule, Form 4562. A copy of each shareholder’s Schedule NJ-K-1 must be included Schedule S provides for adjustments to depreciation and certain with the CBT-100S. A copy of each NJ-K-1 must be kept as safe harbor leasing transactions. Gas, electric and gas, and part of the corporation’s records, and a separate copy must be electric utilities must also complete Schedule S, Part II, for prop- supplied to each individual shareholder on or before the date erty placed in service prior to January 1, 1998. on which the CBT-100S is to be filed. The instructions for this schedule can be found on the reverse side of the form. Part I – Depreciation and Safe Harbor Leasing New Jersey had decoupled from I.R.C. §168(k) bonus depreciation and I.R.C. § 179 expensing pro- Form NJ-1040-SC visions. See N.J.S.A. 54:10A-4(k)(12) and N.J.S.A. Payment on Behalf of Nonconsenting 54:10A-4(k)(13). Adjustments must be made accordingly. Shareholders A copy of each NJ-1040-SC filed by the corporation on behalf Line 1 through Line 6 – These lines detail the depreciation of any nonconsenting shareholder must be included with the deduction reflected in the Computation of Entire Net Income CBT-100S. A copy must be retained by the corporation as part of (Schedule A, Part I) into several categories. In most circum- its records, and a copy must also be supplied to the shareholder stances, the information can be found on federal Form 4562. on whose behalf the NJ-1040-SC was filed on or before the due date of the CBT-100S. The instructions for this form can be Line 13 – New Jersey conforms to I.R.C. § 179 as in effect on found on the reverse side of the form. December 31, 2002, and the maximum amount that may be expensed is $25,000. See N.J.S.A. 54:10A-4(k)(13) for more information. Form 500S Computation of the Available Converted Net Line 16 and Line 17 – New Jersey has decoupled from the fed- eral tax code provisions on cost recovery or depreciation and is Operating Losses statutorily tied to the federal depreciation laws that were in effect For New Jersey Corporation Business Tax purposes, net oper- as of December 31, 2001. ating losses and net operating loss carryovers have a 20-year carryover period and can only be carried forward. Line 18 – Deduct any income included in the return with respect to property solely as a result of an IRC § 168(f)(8) election. For tax years beginning on and after January 1, 2020, the fed- eral rules and regulations governing consolidated return net Line 19 – Deduct any depreciation amount that would have operating losses and net operating loss carryovers apply to the been allowable under the Internal Revenue Code on Decem- New Jersey net operating loss carryover provisions to the extent ber 31, 1980, had there been no safe harbor lease election. they are consistent with the provisions of the New Jersey Corpo- ration Business Tax Act. If the New Jersey and federal provisions Line 20 – Gain or loss on property sold or exchanged is the differ, the New Jersey Corporation Business Tax Act provisions amount properly to be recognized in the determination of federal govern. New Jersey generally follows the federal rules governing taxable income. However, on the physical disposal of recovery mergers, acquisitions, reorganizations, spin-offs, split-offs, disso- property, whether or not a gain or loss is properly to be recog- lution, bankruptcy, or any form of cessation of a business. New nized under the federal Internal Revenue Code, there shall be Jersey also follows any other provision of the federal rules that allowed as a deduction any excess, or there must be restored limits or reduces federal net operating losses and federal net op- as an item of income, any deficiency of depreciation disallowed erating loss carryovers. at lines 9, 10, 11, 13, or 14 over related depreciation claimed on that property at lines 16, 17, or 21. A statutory merger or consoli- Part I – Net Operating Loss Carryovers Generated as a C dation does not constitute a disposal of recovery property. Corporation prior to its New Jersey S election Line 1 – Enter the total Prior Net Operating Loss Conversion Part II – New Jersey Depreciation for Gas, Carryover (PNOL). An S corporation may carry forward losses generated as a C corporation (for New Jersey Corporation Electric, and Gas and Electric Public Utilities Business Tax purposes) prior to its New Jersey S election. The Gas, electric, and gas and electric utilities must complete this PNOL reported on line 1 would have been calculated while the schedule to compute their New Jersey depreciation allowable for taxpayer was a C corporation. the single asset account, which is comprised of all depreciable property placed in service prior to January 1, 1998. The basis of Line 2 – Enter the total Post Allocation Net Operating Loss Car- this asset account will be the total federal depreciable basis as ryover (NOL). An S corporation may carry forward losses gener- of December 31, 1997, plus the excess of the book depreciable ated as a C corporation (for New Jersey Corporation Business basis over the federal tax basis as of December 31, 1997. This Tax purposes) prior to its New Jersey S election. The NOL re- basis will be reduced yearly by the federal basis of these assets ported on line 2 would have been calculated while the taxpayer sold, retired, or disposed of from January 1, 1998, to date. was a C corporation (for New Jersey Corporation Business Tax purposes) on a separate return or as part of a combined group Note: Gas, electric and gas, and electric utilities may have ad- on a combined return. justments from both Part I and Part II. If the taxpayer has amounts reported on Schedule S, Part II, lines 1 through Line 3 – Enter the total NOL that is available. Add line 1 and 5, enter the amount from Schedule S, Part I, line 23 line 2. This is the amount that will be entered on Schedule A, on Schedule S, Part II, line 6b, not Schedule A, Part I, Part I, line 41 and Schedule A, Part II, line 4. line 36a or 36b. - 15 - |
Part II – Available Net Operating Loss Deductions • Form 317: Sheltered Workshop Tax Credit Line 1 – Enter the amount reported on Schedule A, Part I, line 41. • Form 318: Film Production Tax Credit • Form 319: Urban Transit Hub Tax Credit Note: The loss reported each year must not include any amount excluded from federal taxable income under subpara- • Form 320: Grow New Jersey Tax Credit graph (A), (B), or (C) of paragraph (1) of subsection (a) of • Form 321: Angel Investor Tax Credit Internal Revenue Code (26 U.S.C. s.108). • Form 322: Wind Energy Facility Tax Credit Line 2 – Enter the amount reported on Schedule A, Part II, • Form 323: Residential Economic Redevelopment and Growth line 4. Tax Credit Line 3 – Add line 1 and line 2. This is the total amount of NOL • Form 324: Business Employment Incentive Program Tax used in the current year. The amount can only be generated Credit while the taxpayer was a C corporation (for New Jersey Corpo- ration Business Tax purposes) or part of a combined group filing • Form 325: Public Infrastructure Tax Credit a combined return for New Jersey purposes. It cannot exceed • Form 327: Film and Digital Media Tax Credit the total of the amounts reported on Schedule A, Part I, line 40 and Schedule A, Part II, line 3. • Form 328: Tax Credit for Employers of Employees With Impairments Note: If the taxpayer has net operating loss carryovers and in- • Form 329: Pass-Through Business Alternative Income Tax come that is taxable for New Jersey Corporation Business Credit Tax purposes, the taxpayer can reduce such allocated income by their net operating loss carryover after the tax- • Form 330: Apprenticeship Program Tax Credit payer reduces their regular allocated entire net income. • Form 331: Tax Credit for Employer of Organ/Bone Marrow See N.J.S.A. 54:10A-4(w); N.J.S.A. 54:10A-4(u); N.J.S.A. Donor 54:10A-4(v); N.J.S.A. 54:10A-4.6(h); N.J.S.A. 54:10A-5(c) (2); and N.J.S.A. 54:10A-5(c)(3). • Form 332: Tiered Subsidiary Dividend Pyramid Tax Credit Any taxpayer claiming an NOL deduction must submit the last Net Operating Loss Schedule/Worksheet Prior to Con- version to S Corporation (from CBT-100 or CBT-100U). Additional Forms and Instructions Most of the forms and schedules needed to complete the return are included with Form CBT-100S. However, there are several stand alone forms and schedules that taxpayers can obtain on the Division’s website. This includes: • Schedule G-2: Claim for Exceptions to Disallowed Interest and Intangible Expenses and Costs • Nexus – Immune Activity Declaration and the Nexus Questionnaire • Schedule O: Nonoperational Activity • Schedule PT: Dividend Exclusion for Certain Previously Taxed Dividends • Form 300: Urban Enterprise Zone Employees Tax Credit • Form 301: Urban Enterprise Zone Investment Tax Credit • Form 302: Redevelopment Authority Project Tax Credit • Form 304: New Jobs Investment Tax Credit • Form 305: Manufacturing Equipment and Employment Invest- ment Tax Credit • Form 306: Research and Development Tax Credit • Form 311: Neighborhood Revitalization State Tax Credit • Form 312: Effluent Equipment Tax Credit • Form 313: Economic Recovery Tax Credit • Form 315: AMA Tax Credit • Form 316: Business Retention and Relocation Tax Credit - 16 - |