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Instructions for Form 323
Residential Economic Redevelopment and Growth Tax Credit
Purpose of this Form
This form must be completed by any taxpayer that claims a tax credit as provided for in N.J.S.A. 52:27D-489f as amended by P.L. 2015, c. 69, P. L.
2015, c. 217, and P.L. 2015 c. 242. The credit is in lieu of an incentive grant based on such incremental revenue, and is equal to the full amount of the
incentive grant for certain qualified development projects. In accordance with N.J.S.A. 52:27D-489f(b)(3)(e), N.J.S.A. 34:1B-209, and N.J.S.A. 34:1B-
209.3, the tax credit can be taken over a 10-year period at the rate of one-tenth of the total amount of the credit for each privilege period or tax year. If
the taxpayer claims this credit on Form CBT-100, CBT-100U, CBT-100S, or BFC-1, a completed Form 323 must be included with the return to validate
the claim.
Any amount of this tax credit that exceeds the final tax liability for any privilege period or tax year may be carried forward for 20 years. This credit is not
refundable.
Parts III and IV are used to calculate the allowable credit and carryforward. Taxpayers filing Forms CBT-100, CBT-100S, or BFC-1 complete Part III
and CBT-100U filers complete Part IV.
Combined Return Filers
If filing a combined return, this form must be completed by the member that earned the credit. All combined return filers must check the combined
return filers box at the top of the form and complete Part IV, Section A.
Members Opting Not to Share. In general, tax credits are earned by a member of the combined group and are shareable with the combined group.
However, members are not required to share their credits. See N.J.S.A. 54:10A-4.6.i and TB-90(R), Tax Credits and Combined Returns. In addition
to Section A, members that choose not to share must also complete Part IV, Section B and fill in the oval at the top of the form to indicate they are not
sharing the credit.
Taxpayers must include the appropriate credit form in the year the credit was earned even if they are not claiming the credit on their tax
return.
Part I – Qualifications
To be eligible for the tax credit, the answer to questions 1 and 2 must be “YES.” If the answer to question 1 or 2 is “NO,” the taxpayer is not entitled to
the Residential Economic Redevelopment and Growth Tax Credit.
A copy of the tax credit certificate and a copy of the completed Form 323 must be submitted by mail to the New Jersey Division of Taxation, CBT
Refunds/Tax Credits, PO Box 259, Trenton, NJ 08695-0259. Failure to submit this documentation by mail will result in the delay and/or denial of the
tax credit claimed.
Part II – Calculation of Available Credit
Line 3 – The amount of the tax credit is equal to the amount reported on the tax credit certificate that was issued by the New Jersey Division of
Taxation.
Part III – Calculation of the Allowable Credit Amount and Carryforward (for CBT-100, CBT-100S, and BFC-1
Filers only)
For CBT-100, CBT-100S, and BFC-1 filers, the allowable Residential Economic Redevelopment and Growth Tax Credit is calculated in Part III. Com-
bined return filers do not complete Part III, and must complete Part IV instead.
Line 7 – Taxpayers claiming multiple credits must list any credits already applied to the tax liability to ensure accuracy of the calculation for maximum
credit allowable.
Part IV – Calculation of the Allowable Credit Amount and Carryforward for Combined Return Filers
For CBT-100U filers, the allowable Residential Economic Redevelopment and Growth Tax Credit for the current year is calculated in Part IV. All com-
bined return filers must complete Section A. Members that choose not to share their credit must also complete Section B.
Section A – To be completed by ALL combined return filers
This section calculates the amount of credit allowable for the group. If a member chooses not to share their credit with the group, Section A must still
be completed to ensure the credit allowed for the member does not exceed the amount that would otherwise be allowed against the group tax liability.
Line 12 – Combined groups claiming multiple credits must list any credits already applied to the group tax liability to ensure accuracy of the calculation
for maximum credit allowable.
Section B
This section is used to calculate the amount of credit allowable for members that choose not to share their credit with the group. Section B is com-
pleted based on the member’s share of the group tax liability. The amount of the credit is also limited to the amount that would otherwise be allowed
against the group tax liability if the member had been sharing the credit.
Line 17 – Members claiming multiple credits must list any credits already applied to the member’s tax liability to ensure accuracy of the calculation for
maximum credit allowable.
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