Enlarge image | 1 2023 Form NJ-1080-C Instructions Qualified nonresident individuals who are members of general and limited partnerships, professional athletic teams, limited liability partnerships, limited liability companies, New Jersey S corporations, estates, and trusts can participate in a composite return. Any composite return that is filed on behalf of 25 or more participants must be filed on diskette. See general diskette specifications. Only individuals are eligible to file as part of a composite make an election to be included in the composite return return. To qualify for participation in a composite return, after April 15 following the close of the tax year. the nonresident must be a member of one of the speci- fied entities and satisfy all of the following conditions: Permission to File not Required 1. The individual was a nonresident for the entire tax Written permission to file a composite return is not re- year; quired. Any entity that is eligible to file a composite re- turn can do so without first putting the Division on notice. 2. The individual did not maintain a permanent place of abode in New Jersey at any time during the tax year; When to File Returns for calendar year 2023 are due April 15, 2024. 3. The individual was not a fiscal year filer; No fiscal composite returns will be accepted. 4. The individual did not have income derived from or connected with New Jersey sources other than the Postmark Date income reported on composite return(s); All New Jersey Income Tax returns postmarked on or be- fore the due date of the return are considered to be filed 5. The individual waives the right to claim any New on time. Tax returns postmarked after the due date are Jersey personal exemption, credit, or deduction considered to be filed late. When a return is postmarked and agrees to have the tax calculated directly on after the due date, the filing date for that return is the the individual’s income reported on the composite date the return was received by the Division, not the return at the highest tax rate in effect for single tax- postmark date of the return. payers for the tax year; and 6. The individual elects to be included in a composite Extension of Time to File return by completing and delivering to the filing en- An extension of time to file will be granted on a compos- tity a Form NJ-1080E (Election to Participate in a ite basis only. The request for an extension of time to file Composite Return) prior to the filing of the compos- must be made on Form NJ-630 on or before the origi- ite return by the entity. nal due date of the return. The request must be made under the filing entity’s federal identification number. A An individual can participate in other New Jersey Gross six-month extension of time to file the NJ-1080-C will be Income Tax composite returns, provided that the require- granted if at least 80% of the actual tax liability is paid in ments of subsections 1 through 6 above are satisfied. the form of estimated or other payments by the original Once a nonresident elects to participate in a composite due date of the return. return, the election is binding on the individual’s heirs, representatives, assigns, successors, executors, and ad- Taxpayers who file Form NJ-630 will not receive an ap- ministrators and constitutes an express consent to per- proved copy. The Division will only send notification if the sonal jurisdiction in New Jersey for New Jersey personal request for extension is denied. Income Tax purposes. If the requirements for extension are not satisfied, or if the return is not filed by the extended due date, the Election to Participate extension will be denied and penalties and interest Every participating member must make the election to will be imposed from the original due date of the re- be part of the composite return in writing each year by turn. See Penalty and Interest Charges. filing Form NJ-1080E with the filing entity. The elections must be maintained in the filing entity’s files. When filed, the composite return must include a list of the members Where to File who are participating, as well as a list of those who have Mail Form NJ-1080-C to: not elected, or are not qualified, to participate in the State of New Jersey composite return. The list must include each member’s Division of Taxation name, address, and federal identification number. A Revenue Processing Center qualified electing nonresident participant cannot revoke PO Box 188 an election to be included in the composite return or Trenton, New Jersey 08646-0188 |
Enlarge image | 2 How to Pay Accounting Method The balance of tax can be paid either electronically The accounting method used for Form NJ-1080-C must (e-check or credit card) or by check or money order. be the same as the accounting method used by the par- Payment must be made by April 15, 2024. If paying by ticipants for federal income tax purposes. check or money order, make payable to State of New Jersey – TGI and include the federal employer identi- fication number. Complete a payment voucher (Form Accounting Periods NJ-1040NR-V), and include the voucher and payment The accounting period for a nonresident composite re- with your return. Do not include the payment voucher if turn is the calendar year. you are paying electronically. Forms and Assistance Forms are available on our website, by calling 1 (800) Penalties and Interest Charges Penalties and interest should be included with the 323-4400, or by writing to the New Jersey Division of payment of any tax due. The Division may impose the Taxation, 3 John Fitch Way, PO Box 269, Trenton, NJ following: 08695-0269, Attention: Forms Distribution Center. Late filing penalty: 5% per month (or part of a month) Assistance is available by calling the Division’s Cus- up to a maximum of 25% of the outstanding tax liability tomer Service Center at (609) 292-6400. when a return is filed after the due date or extended due A composite return, Form NJ-1080-C, must be date. Also, a penalty of $100 per month for each month paper-filed. The directory information for a composite the return is late may be imposed. return filed on behalf of 25 or more participants must be Late payment penalty: 5% of the outstanding tax bal- submitted on diskette or rewritable CD. See general dis- ance may be imposed. kette specifications. Interest: 3% above the prime rate for every month or Rounding off to Whole Dollars part of a month the tax is unpaid, compounded annually. The money items on the return and schedules can be At the end of each calendar year, any tax, penalties and shown in whole dollars. This means that any amount un- interest remaining due (unpaid) will become part of the der 50 cents can be eliminated and amounts of 50 cents balance on which interest is charged. or more should be increased to the next higher dollar. Estimated Tax Amended Returns If the filing entity has filed a composite return in the pre- An amended Form NJ-1080-C must be filed if an vious years and the amount estimated to be the total In- amended federal return is filed for any filing entity, or if come Tax liability for the composite return for the current the Internal Revenue Service changes or corrects any tax year exceeds $400, the filing entity must make quar- item of income, gain, or loss previously reported. The terly estimated tax payments using Form NJ-1040-ES. amended New Jersey return must be filed within 90 Instructions for calculating the estimated tax and making days of the date the amended federal form is filed or, in the payments are included with that form. Failure to the case of a federal audit, within 90 days after the final make estimated payments when required or pay all or determination of the change. To amend the original com- part of an underpayment will result in interest charges on posite return, use a blank Form NJ-1080-C for the tax the underpayment. year that is to be amended and write “Amended” across the top. Complete the form by entering the correct infor- Underpayment of Estimated Tax mation and enclose an explanation of the changes. If the filing entity failed to make the required estimated tax payments as described above, the entity must com- An amended composite return should also be filed if the plete Form NJ-2210, Underpayment of Estimated Tax filing entity issues amended or corrected information by Individuals, Estates, or Trusts. Completing Form returns (e.g., Form W-2, federal Schedule K-1, etc.) that NJ-2210 will allow you to determine if interest on the affect Total New Jersey Taxable Income (line 17). underpayment is due and if so, to calculate the amount. If you complete and enclose Form NJ-2210 with your Signatures return, check the box below line 19. Credit will not be Form NJ-1080-C is not considered to be a return unless given on the composite return for estimated tax pay- it is signed and dated. If the filing entity is a general ments made by any of the qualified electing nonresi- partnership, a limited partnership, or a limited liability dent participants. partnership, the return must be signed by a general part- ner or the partner designated for tax matters. If the filing entity is a New Jersey S corporation, the return must be signed by an officer of the corporation; if a limited liabil- ity company, by an authorized member; if an estate, by |
Enlarge image | 3 the executor or administrator; if a trust, by a trustee. If a the request is being made and how the information is receiver, trustee in bankruptcy, or assignee controls the being used. organization’s property or business, that person must sign the return. If the filing entity is a professional athletic Social Security numbers are used primarily to account team, the return must be signed as required above de- for and give credit for tax payments. The Division of pending on the type of entity. Taxation also uses Social Security numbers in the ad - ministration and enforcement of all tax laws for which it Anyone who prepares a composite return for a fee must is responsible. sign the return as a “Paid Preparer” and must enter their Social Security number. The company or corporation name and federal employer identification number must Federal/State Tax Agreement be included, if applicable. The preparer required to sign The New Jersey Division of Taxation and the Internal the composite return must sign it by hand; signature Revenue Service have entered into a Federal/State stamps or labels are not acceptable. If someone pre- Agreement to exchange income tax information in order pares the return at no charge, the paid preparer’s area to verify the accuracy and consistency of information re - does not need to be completed. A tax preparer who fails ported on federal and New Jersey Income Tax returns. to sign the return or provide a correct tax identification number may incur a $25 penalty for each omission. Fraudulent Return Any person who willfully fails to file a return, files a fraud- ulent return, or attempts to evade the tax in any manner Privacy Act Notification The Federal Privacy Act of 1974 requires an agency re- may be liable for a penalty not to exceed $7,500 or impris- questing information from individuals to inform them why onment for a term between three and five years, or both. General Instructions for Form NJ-1080-C General Information For more information on the Gubernatorial Public Fi- Enter the exact legal name, trade name, if any, and ad- nancing program, contact the New Jersey Election Law dress of the entity filing the return on behalf of its partic- Enforcement Commission at (609) 292-8700 or online. ipating members. The legal name is the name in which the business owns property or acquires debt. Enter the Enclosures trade name or d/b/a (doing-business-as) name if different For each qualified electing nonresident partici- from the entity’s legal name. pant, a copy of the following must be enclosed with Form NJ-1080-C: Enter the entity’s federal employer identification number • Schedule NJK-1, Form NJ-1065, if the filing entity is (EIN). a partnership, limited liability partnership, or limited Enter the number of nonresident individuals participating liability company; in the composite return in the space provided. • Form W-2, if the filing entity is a professional athletic team; Check the appropriate box to indicate the type of entity • Schedule NJ-K-1, Form CBT-100S, if the filing entity that is filing the return. is a New Jersey S corporation; • Schedule NJK-1, Form NJ-1041; Gubernatorial Elections Fund • Schedule PTE-K-1, Form PTE-100, if the filing entity If you want to designate $1 to go to help candidates for is a pass-through entity that filed an election to pay governor pay expenses, check the “Yes” box in the Gu- the Business Alternative Income Tax. bernatorial Elections Fund section of the return. Check- ing the “Yes” box will not in any way increase your tax liability or reduce your refund. Instructions for Partnerships, Limited Liability Companies, and Limited Liability Partnerships The income entered on line 12, Distributive Share of Line 12 – Distributive Share of Partnership Income. Partnership Income, will be the combined income re- Enter on this line the composite amount of income from ported in column B of Schedule NJK-1, Form NJ-1065, the partnership that was reported on line 4, column B, for each qualified electing nonresident partner. Schedule NJK-1, Form NJ-1065, for all participating part- ners. If the composite amount is a loss, enter “0” (zero). Lines 8 through 11. Enter “0” (zero) on each of these lines. Lines 13 through 16. Enter “0” (zero) on each of these lines. |
Enlarge image | 4 Line 17 – Total New Jersey Taxable Income. Enter on Credit will not be given on the composite return for esti- line 17 the total of lines 8 through 16. mated tax payments made on an individual basis by any of the participating partners during the tax year. Line 18 – Tax. Calculate the tax by multiplying the amount on line 17 by 10.75%. Line 23 – Tax Paid on Partners’ Behalf by Partner- ship. Enter on line 23 the total amount of New Jersey Line 19 – Interest on Underpayment of Estimated Tax. Income Tax paid on participating partners’ behalf by the New Jersey’s Income Tax is a “pay-as-you-go” tax. You partnership, as shown on line 1, Part III of Schedule must pay the tax as you earn or receive income through- NJK-1s. Enclose a copy of Schedule NJK-1 for each par- out the year. If you do not pay enough tax on the income ticipating partner for which a credit is being claimed. you received, you may owe interest (see Estimated Tax). Line 24 – Pass-Through Business Alternative Income To determine the amount of interest for the underpay- Tax Credit. Enter the total shares of tax for participating ment of estimated tax, complete Form NJ-2210, Under- members from Schedule PTE-K-1s received from the payment of Estimated Tax by Individuals, Estates, or pass-through entity, as well as the total shares of tax Trusts. Enter on line 19 the amount of interest due from for participating partners from line 4, Part III of Sched- line 19, Form NJ-2210. Check the box at line 19 and ule NJK-1s. Enclose a copy of Schedule PTE-K-1 and enclose Form NJ-2210 with your return. Schedule NJK-1 for each member for which a credit is being claimed. Line 20 – Total Tax Due. Enter on line 20 the total of lines 18 and 19. Line 25 – Total Payments/Credits. Enter on line 25 the total of lines 21 through 24. Line 21 – Total New Jersey Tax Withheld. Enter “0” (zero) on line 21. Line 26 – Amount Due. If line 20 is more than line 25, there is a balance due. Make your check for the total Line 22 – Estimated Payments/Credit from 2022 amount payable to “State of New Jersey – TGI.” Composite Return. Enter on line 22 the total of: Line 27 – Overpayment. If line 20 is less than line 25, • Estimated tax payments made by the partnership for there is an overpayment. 2023; • Credit, if any, applied from the partnership’s 2022 Line 28 – Refund. Enter on line 28 the amount from line composite return; 27 that you want refunded to the partnership. • Amount, if any, paid to qualify for an extension of time Line 29 – Credit to 2024 Tax. Subtract line 28 from line to file. 27. Enter the result on line 29. This is the amount that will be credited to the 2024 composite tax liability. Instructions for New Jersey S Corporations Lines 8 through 12. Enter “0” (zero) on each of these throughout the year. If you do not pay enough tax on the lines. income you received, you may owe interest (see Esti- mated Tax). Line 13 – Net Pro Rata Share of S Corporation In- come. Enter on this line the combined amount of S To determine the amount of interest for the underpay- Corporation Income that was reported on line 1, Part II, ment of estimated tax, complete Form NJ-2210, Under- Schedule NJ-K-1, Form CBT-100S for all participating payment of Estimated Tax by Individuals, Estates, or shareholders. If the combined amount of S Corporation Trusts. Enter on line 19 the amount of interest due from Income is a loss, enter “0” (zero). line 19, Form NJ-2210. Check the box at line 19 and enclose Form NJ-2210 with your return. Lines 14 through 16. Enter “0” (zero) on each of these lines. Line 20 – Total Tax Due. Enter on line 20 the total of lines 18 and 19. Line 17 – Total New Jersey Taxable Income. Enter on line 17 the total of lines 8 through 16. Line 21 – Total New Jersey Tax Withheld. Enter “0” (zero) on line 21. Line 18 – Tax. Calculate the tax by multiplying the amount on line 17 by 10.75%. Line 22 – Estimated Payments/Credit from 2022 Composite Return. Enter on line 22 the total of: Line 19 – Interest on Underpayment of Estimated Tax. New Jersey’s Income Tax is a “pay-as-you-go” tax. • Estimated tax payments made by the New Jersey You must pay the tax as you earn or receive income electing S corporation for 2023; |
Enlarge image | 5 • Amount, if any, paid to qualify for an extension of Line 24 – Pass-Through Business Alternative Income time to file; Tax Credit. Enter the total shares of tax for participating • In addition, the total on line 22 must include any members from Schedule PTE-K-1s received from the payments made by an S corporation on behalf of pass-through entity, as well as total shares of tax for any nonresident nonconsenting shareholders who participating shareholders from line 8, Part II of Sched- have elected to participate in the composite return. ule NJ-K-1s. Enclose a copy of Schedule PTE-K-1 and If a nonresident nonconsenting shareholder elects Schedule NJ-K-1 for each member for which a credit is to participate in a composite return, the share- being claimed. holder’s Social Security number reported on Form NJ-1040-SC (Payment on Behalf of Nonconsenting Line 25 – Total Payments/Credits. Enter on line 25 the total of lines 21 through 24. Shareholders) must be the same as the number shown on Form NJ-1080-C as the entity’s federal Line 26 – Amount Due. If line 20 is more than line 25, identification number. If the shareholder’s Social there is a balance due. Make your check for the total Security number and the entity’s identification num- amount payable to “State of New Jersey – TGI.” ber are not the same, credit will not be given on Form NJ-1080-C. Line 27 – Overpayment. If line 20 is less than line 25, there is an overpayment. Credit will not be given on the composite return for esti- mated tax payments made on an individual basis by any Line 28 – Refund. Enter on line 28 the amount from line of the participating shareholders during the tax year. 27 that you want refunded to the S corporation. Line 23 – Tax Paid on Partners’ Behalf by Partner- Line 29 – Credit to 2024 Tax. Subtract line 28 from line ship. Enter “0” (zero) on line 23. 27. Enter the result on line 29. This is the amount that will be credited to the 2024 composite tax liability. Instructions for Estates and Trusts Lines 8 through 14. Enter “0” (zero) on each of these Line 20 – Total Tax Due. Enter on line 20 the total of lines. lines 18 and 19. Line 15 – Net Gains or Income Derived Through Line 21 – Total New Jersey Tax Withheld. Enter “0” Estates or Trusts. Enter on this line the combined (zero) on line 21. amount of estate or trust income that was distributed to all participating beneficiaries, but only to the extent that Line 22 – Estimated Payments/Credit from 2022 those items were attributable to New Jersey sources and Composite Return. Enter on line 22 the total of: included in the amounts reported on Schedule E, Form NJ-1041. If no estate or trust income was distributed, • Estimated tax payments made by the estate or enter “0” (zero). trust for 2023; • Amount, if any, paid to qualify for an extension of Line 16 – Other Income. Enter “0” on this line. time to file. Credit will not be given on the composite return for esti- Line 17 – Total New Jersey Taxable Income. Enter on mated tax payments made on an individual basis by any line 17 the total of lines 8 through 16. of the participating beneficiaries during the tax year. Line 18 – Tax. Calculate the tax by multiplying the Line 23 – Tax Paid on Partners’ Behalf by Partner- amount on line 17 by 10.75%. ship. Enter on line 23 the total shares of tax for par- Line 19 – Interest on Underpayment of Estimated ticipating beneficiaries from Schedule NJK-1s, Form Tax. New Jersey’s Income Tax is a “pay-as-you-go” tax. NJ-1041. Enclose a copy of Schedule NJK-1 for each You must pay the tax as you earn or receive income beneficiary for which a credit is being claimed. throughout the year. If you do not pay enough tax on the Line 24 – Pass-Through Business Alternative Income income you received, you may owe interest (see Esti- Tax Credit. Enter the total shares of tax for participating mated Tax). beneficiaries from Schedule NJK-1s, Form NJ-1041. To determine the amount of interest for the underpay- Enclose a copy of Schedule NJK-1 for each beneficiary ment of estimated tax, complete Form NJ-2210, Under- for which a credit is being claimed. payment of Estimated Tax by Individuals, Estates, or Line 25 – Total Payments/Credits. Enter on line 25 the Trusts. Enter on line 19 the amount of interest due from total of lines 21 through 24. line 19, Form NJ-2210. Check the box at line 19 and enclose Form NJ-2210 with your return. |
Enlarge image | 6 Line 26 – Amount Due. If line 20 is more than line 25, Line 28 – Refund. Enter on line 28 the amount from there is a balance due. Make your check for the total line 27 that you want refunded to the estate or trust. amount payable to “State of New Jersey – TGI.” Line 29 – Credit to 2024 Tax. Subtract line 28 from line Line 27 – Overpayment. If line 20 is less than line 25, 27. Enter the result on line 29. This is the amount that there is an overpayment. will be credited to the 2024 composite tax liability. Instructions for Professional Athletic Teams Line 8 – Wages, salaries, tips and other employee Line 22 – Estimated Payments/Credit from 2022 compensation. Enter on this line the combined amount Composite Return. Enter on line 22 the total of: of wages that was paid by the team to the participating athletes as a result of duty days spent in New Jersey • Estimated tax payments, if any, made by the team during the tax year. for 2023; • Amount, if any, paid to qualify for an extension of Lines 9 through 16. Enter “0” (zero) on each of these time to file; Credit, if any, applied from the team’s 2022 com lines. • - Line 17 – Total New Jersey Taxable Income. Enter on posite return. Credit will not be given on the com - line 17 the total of lines 8 through 16. posite return for estimated tax payments made on an individual basis by any of the participating non- Line 18 – Tax. Calculate the tax by multiplying the resident athletes during the tax year. amount on line 17 by 10.75%. Line 23 – Tax Paid on Partners’ Behalf by Partner- Line 19 – Interest on Underpayment of Tax. New Jer- ship. Enter “0” (zero) on line 23. sey’s Income Tax is a “pay-as-you-go” tax. You must pay the tax as you earn or receive income throughout the Line 24 – Enter “0” (zero) on line 24. year. If you do not pay enough tax on the income you re- Line 25 – Total Payments/Credits. Enter on line 25 the ceived, you may owe interest (see Estimated Tax). total of lines 21 through 24. To determine the amount of interest for the underpay- Line 26 – Amount Due. If line 20 is more than line 25, ment of estimated tax, complete Form NJ-2210, Under- there is a balance due. Make your check for the total payment of Estimated Tax by Individuals, Estates, or amount payable to “State of New Jersey – TGI.” Trusts. Enter on line 19 the amount of interest due from line 19, Form NJ-2210. Check the box at line 19 and Line 27 – Overpayment. If line 20 is less than line 25, enclose Form NJ-2210 with your return. there is an overpayment. Line 20 – Total Tax Due. Enter on line 20 the total of Line 28 – Refund. Enter on line 28 the amount from lines 18 and 19. line 27 that you want refunded to the team. Line 21 – Total New Jersey Tax Withheld. Enter on Line 29 – Credit to 2024 Tax. Subtract line 28 from line line 21 the total New Jersey Income Tax withheld. 27. Enter the result on line 29. This is the amount that will be credited to the 2024 composite tax liability. Instructions for Schedules A and B Schedule A Schedule B Participant Directory Nonparticipant Directory List all participants. Be sure to include their name, princi- List all members of the filing entity, including partner- pal address, and Social Security number. Indicate each ships and corporations, that have not elected to or are participant’s share of New Jersey taxable income and not qualified to participate in the composite return. Be the amount of New Jersey Gross Income Tax liability. sure to include each member’s name, principal address, Enclose additional sheets if necessary. and Social Security number or EIN. Enclose additional sheets if necessary. Any composite return that is filed on behalf of 25 or more participants must be filed on diskette. See general dis- If Schedule A is required to be submitted on diskette kette specifications. because there are 25 or more participants, Schedule B must also be submitted on diskette. |
Enlarge image | 7 Instructions for Completing Form NJ-1080E Every qualified nonresident who chooses to participate in a composite return must read and complete Form NJ-1080E (or a form substantially similar), and return it to the filing entity. Form NJ-1080E must be completed and returned to the filing entity no later than April 15 following the close of the tax year. The election to participate cannot be revoked after April 15. General Diskette Specifications for Participant and Nonparticipant Directory The New Jersey Division of Taxation requires Participant and Nonparticipant Directory information (Schedules A and B of Form NJ-1080-C) to be filed on diskette or rewritable CD when there are 25 or more participants. Form NJ-1080-C (com- posite return) cannot be filed on a diskette or rewritable CD, but must be filed on the paper return. A filing entity with less than 25 participants can also file on diskette or rewritable CD, but is not required to do so. In addition to the standard format, Form NJ-1080-C Participant and Nonparticipant Directory information can be filed using an EXCEL spreadsheet. (Note: An EXCEL spreadsheet must be saved as a ‘Formatted Text (Space Delimited)’ file (prn). To be compatible, a diskette file must meet the following specifications: (a) Only one “A” record and one “T” record must exist per file. The “A” record identifies the entity for which the partici- pant and nonparticipant directories are being reported and must be the first record on the file. A “D” record for each individual must follow the “A” record. A “D” record must be written for each participant and nonparticipant. The “T” record contains the number of “D” records reported and must be written after the last “D” record. (b) If a diskette was used previously for other data, reformat it before using it for an NJ-1080-C Participant/Nonpartici- pant Directory submittal. (c) All diskettes and rewritable CDs should be virus scanned before submission to the New Jersey Division of Taxation. If the Division of Taxation detects a virus, the diskette(s) may be returned unprocessed. (d) Data must be recorded in UPPERCASE. (e) Each file must contain composite return information for a single tax year only. A file containing multiple tax years will be rejected. (f) The external label must indicate the file name, return year, federal EIN, name of the entity submitting the file, and personal computer operating system/software package used (Example: Windows 10/Excel 2013). (g) A diskette file can consist of multiple diskettes. The external diskette label must indicate the proper sequence (e.g., VOL 1 of 3). If a file consists of multiple diskettes the “A” record must be the first record on the first diskette in the se- quence. The “T” record must be the last record on the last diskette in the sequence. (h) Use the column width indicated for each column for the entire file. |