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                                              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. 

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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 

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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.

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                                                                         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.
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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 

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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 -



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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 -



- 8 -
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 -



- 9 -
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 -



- 10 -
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 -



- 11 -
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 -



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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 -



- 13 -
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 -



- 14 -
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 -



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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 -



- 16 -
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

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