Enlarge image | 2022 NJ-CBT-1065 Instructions Partner means any owner of a partnership interest. GIT and CBT Partnership Returns The Division has two partnership tax returns: Forms Nonresident Noncorporate Partner means an individ- NJ-1065 and NJ-CBT-1065. The Gross Income Tax Act ual, an estate, or a trust subject to taxation pursuant to (GIT) at N.J.S.A. 54A:8-6 requires entities classified as the New Jersey Gross Income Tax Act that is not a resi- a partnership for federal income tax purposes having dent taxpayer or a resident estate or trust under that Act. a resident owner or income derived from New Jersey sources to file a Gross Income Tax return, NJ-1065. Partnerships with more than two owners and income or Nonresident Corporate Partner means a partner that is not an individual, an estate, or a trust subject to taxation loss from New Jersey sources may also be subject to pursuant to the New Jersey Gross Income Tax Act, that a filing fee. The fee is calculated and reported on the is not a corporation exempt from tax pursuant to N.J.S.A. NJ-1065. 54:10A-3, and that does not maintain a regular place of The Corporation Business Tax Act (CBT) at N.J.S.A. business in this State other than a statutory office. 54:10A-15.11 imposes a tax on certain partnerships that have nonresident owners. Partnerships subject to the Qualified Investment Partnership means a partner- ship that has more than 10 members or partners with CBT tax must file the NJ-CBT-1065. The separate forms no member or partner owning more than a 50% interest help distinguish the differences that exist between the in the entity and that derives at least 90% of its gross Gross Income Tax and Corporation Business Tax Acts. income from dividends, interest, payments with respect The filing fee is reported directly on the NJ-1065. The to securities, loans, and gains from the sale or other dis- GIT filing fee is remitted with the Partnership Payment position of stocks or securities or foreign currencies or Voucher (NJ-1065-V). If the entity is also required to commodities or other similar income (including but not calculate and report Corporation Business Tax, the entity limited to gains from swaps, options, futures, or forward must complete and file the NJ-CBT-1065. If the entity contracts) derived with respect to its business of invest- has a CBT balance due, it is remitted with the Corpo- ing or trading in those stocks, securities, currencies, ration Business Tax–Partnership Payment Voucher or commodities, but “investment partnership” does not (NJ-CBT-V). include a “dealer in securities” within the meaning of sec- tion 1236 of the federal Internal Revenue Code of 1986. Partnerships that are members of an entity electing to pay the Pass-Through Business Alternative Income Tax Hedge Fund Status is met for New Jersey tax purposes and that choose to apply the credit for their share of the if the investment entity’s only activity is the purchase, tax to their nonresident partners tax must claim the credit holding, or sale of intangible personal property, such as on the NJ-CBT-1065. commodities or securities, and such intangible personal property is not held for sale to customers as defined at N.J.S.A. 54A:5-8c. A partnership that qualifies for hedge General Instructions fund status in one year may not meet the requirements every year. The entity must evaluate its situation on a Definitions yearly basis. The entity, not the partner, must make the Partnership, for tax purposes, means and includes a determination. syndicate, group, pool, joint venture, and any other un- incorporated organization through or by means of which any business, financial operation, or venture is carried Investment Clubs are usually small groups of individ- uals who pool their money to invest in stock or other on and that is not a corporation, trust, or estate within securities. The group usually operates informally with the meaning of the New Jersey Gross Income Tax Act. members pledging to pay a regular amount into the club Only entities that qualify for and elect to be treated as a monthly. Some clubs have a committee that gathers partnership for federal tax purposes (for example, limited information on securities, selects the most promising se- liability companies and limited liability partnerships) are curities, and recommends that the clubs invest in them. treated as partnerships under the New Jersey Gross In- Most clubs require all members to vote for or against all come Tax Act. investments, sales, trades, and the other transactions. “Tiered” Partnerships are arrangements in which one Investment clubs recognize as their main source of in- partnership, the upper-tier or “parent” partnership, is a come interest, dividends, and gains on disposition of member of, or holds an ownership interest in, another their stock and securities and usually meet hedge fund partnership (called the lower-tier or “subsidiary” partner- status. Investment clubs generally are not considered ship). Tiered partnerships must complete Schedule A, a business. An investment club is required to file Form NJ-1065 before completing lines 1 through 11 on the NJ-1065 but is not entitled to deduct any expenses front of the NJ-1065. (unless it rises to the level of being in business). The 1 |
Enlarge image | member or partner of the investment club will report their What to File share of the investment club’s income or loss as distribu- The following forms and statements must be included tive share of partnership income. with the NJ-CBT-1065: If an investment club meets the following criteria, it will • Schedule T, Tiered Partnership Payment Schedule, be exempt from the $150 per owner annual partnership if the entity is claiming (1) credit for tax remitted on filing fee and from the requirement that a partnership its behalf by another entity or (2) its share of Pass- make payments on behalf of its nonresident owners. Through Business Alternative Income Tax. The Name, The investment club must be an entity that is classified Federal EIN, Share of New Jersey Tax reported on as a partnership for federal income tax purposes, all of line 1 of Part III of each Schedule NJK-1, and Share the owners are individuals, and all of the assets are se- of Pass-Through Business Alternative Income Tax re- curities, cash, or cash equivalents. The market value of ported on each Schedule PTE-K-1 must be reported. the total assets of the investment club cannot exceed, Failure to complete Schedule T in its entirety may re- as measured on the last day of its privilege period, an sult in no credit. amount equal to the lesser of $384,900 or $53,900 per • Schedule CBT-160-P, Underpayment of Estimated NJ owner of the entity. The investment club is not required Partnership Tax, must be included if the entity calcu- to register itself or its membership interests with the fed- lated an interest charge on an underpayment of in- eral Securities and Exchange Commission. stallment payments or an exception to the imposition of interest. Who Must File Every partnership that has income or loss derived from The Division may require that the complete federal sources in the State of New Jersey, or has any type of Form 1065, including all schedules and supporting at- New Jersey resident partner, must file Form NJ-1065. tachments, and any other documentation or information Form NJ-CBT-1065 must be filed when the entity is re- deemed necessary be submitted during the course of an quired to calculate a tax on its nonresident partner(s). audit. Partners subject to the Gross Income or Corporation Business Taxes still must report and pay tax on their If at any time during the course of an audit the Division share of partnership income or loss. deems it necessary, the partnership must make an NJ-1065E available for all applicable partners. How to File Electronic Filing Mandate When to File Partnerships subject to the provisions of the Corpora- Returns for Calendar Year 2022 are due April 18, 2023. tion Business Tax Act (that is partnerships that remit tax Fiscal year returns are due the 15th day of the fourth based on any nonresident corporate and nonresident month after the end of the tax year. noncorporate partner’s allocable share of NJ partner- ship income) that utilize the services of a paid preparer Any short period return must be filed by the due date of must file all their returns completed by that practitioner the federal Form 1065. The partnership should use the by electronic means. Payments of the partnership lia- most current form available from the Division of Taxation. bilities along with the submission of payment-related Postmark Date. All New Jersey Income Tax returns returns (PART-200-T and CBT-206) must also be made postmarked on or before the due date of the return are electronically either by the partnership or by a paid tax considered to be filed on time. Returns postmarked af- practitioner. ter the due date are deemed to be late. The filing date In addition, partnerships with 10 or more partners must for a late return is the day the return is received by the file all returns electronically regardless of whether or Division, not the postmark date. not they utilize the services of a paid tax preparer. To obtain the electronic filing and payment formats Where to File or to obtain additional information on electronic filing Mail your completed NJ-CBT-1065 to: and payment options, visit the New Jersey Division of NJ Division of Taxation Revenue and Enterprise Services’ website at www. Revenue Processing Center nj.gov/treasury/revenue/partnerships.shtml or email PO Box 194 the Division of Revenue and Enterprise Services at Trenton NJ 08646-0194 e-GovServices@treas.nj.gov. Mail your completed CBT-206 to: NJ-1065 filers that do not use the services of a paid tax NJ Division of Taxation preparer and who have less than 10 partners have the Revenue Processing Center option to file by electronic means or on paper. Extension of Time to File NJ-CBT-1065 PO Box 642 Trenton NJ 08646 2 |
Enlarge image | Mail your completed NJ-CBT-V to: Estimated Payments NJ Division of Taxation Partnerships are required to make installment payments Revenue Processing Center of estimated tax. Partnerships that are subject to tax Corporation Business Tax – Nonresident Partner Tax payments must make installment payments of 25% of PO Box 642 that tax on or before the 15th day of each of the fourth, Trenton NJ 08646 sixth, and ninth months of the privilege period and on or before the 15th day of the first month after the close of Note: Do not attach the NJ-CBT-V to or mail with the privilege period. your NJ-CBT-1065. Estimated payments must be filed and paid electroni- Extension of Time to File cally. To file and pay electronically, visit the Division’s If a five-month extension is obtained for filing federal website. Form 1065, then an automatic five-month extension is granted for submitting your NJ-CBT-1065. A copy Partnerships are not to file the CBT-150, Corporation of your application for federal extension, federal Form Business Tax Statement of Estimated Tax. The CBT-150 7004, must be filed with your New Jersey return. Check is a Corporation Business Tax form, not a partnership the box labeled “Application for Federal Extension is at- form. tached” on the front of your NJ-CBT-1065. If you did not obtain a federal extension and you need more time to Accounting Method file your NJ-CBT-1065, federal Form 7004 must be sub- A partnership’s accounting method(s) used for the mitted as your request to New Jersey on or before the NJ-1065 must be the same as the accounting meth- original due date of the return. ods(s) used for federal Form 1065. In addition, any partnership that has a tax due must file a Accounting Periods CBT-206, Partnership Application for Extension of Time The 2022 NJ-1065 should be used for Calendar Year to File NJ-CBT-1065. The applicable payment must ac- 2022 or for a fiscal year that began in 2022. If filing for company this form. Your CBT-206 must be postmarked a fiscal year or a short tax year, enter at the top of your on or before the original due date of the return. See spe- NJ-CBT-1065 the month and day the tax year began, cific instructions found on back of the CBT-206. and the month, day, and year that it ended. The part- nership’s tax year for New Jersey Income Tax purposes There is no extension of time to pay the tax due. Penal- must be the same as its tax year for federal income tax ties and interest are imposed whenever the tax is paid purposes. after the original due date. A five-month extension of time to file your NJ-CBT-1065 Forms and Assistance may be granted if at least 90% of the total tax reported To get New Jersey tax forms: on your NJ-CBT-1065 when filed is paid in the form of • Visit our website at nj.gov/taxation a tiered partnership payment, estimated payment(s), or other payment(s) made by the original due date. • Write to: NJ Division of Taxation An extension of time to file the NJ-CBT-1065 does Taxpayer Form Services not extend the time for filing the tax returns of the PO Box 269 partners. Trenton NJ 08695-0269 Assistance from a Division representative is available Time Limits for Assessing Additional Tax by contacting the Division’s Customer Service Center at Partnerships that are required to file an NJ-CBT-1065 (609) 292-6400. are subject to owing a nonresident partner tax. The nonresident partner tax is subject to the Corporation Business Tax Act. The Corporation Business Tax Act has Electronic Filing Assistance For electronic filing assistance: a four-year statute of limitations (time allowed by law) for the Division of Taxation to send a bill. The Division • Call the Division of Revenue and Enterprise Services’ generally has four years from the date the entity filed its Call Center at (609) 292-9292 partnership return or the original due date of the return, • Download the needed formats from the New Jersey whichever is later, to send the entity a bill for additional Division of Revenue and Enterprise Services’ website nonresident partner tax. There is no time limit if the en- at: www.nj.gov/treasury/revenue tity did not file a partnership return, or if the entity filed a false or fraudulent return with the intent to evade tax. The time limit may be extended in certain circumstances. 3 |
Enlarge image | Amended Return or Federal Change month or part of a month the return is late may also be An amended NJ-CBT-1065 must be filed if an amended imposed. federal Form 1065 is filed, or if the Internal Revenue Service changes or corrects any item of income, gain, Late Payment Penalty. 5% of the outstanding tax bal- or loss previously reported. The amended New Jer- ance may be imposed. sey return must be filed within 30 days of the date the amended federal Form 1065 is filed or, in the case Interest. 3% above the prime rate for every month or part of a month the tax is unpaid, compounded annually. of a federal audit, within 90 days after the final deter- At the end of each calendar year, any tax, penalties, mination of the change. When an amendment to the and interest remaining due (unpaid) will become part of NJ-CBT-1065 results in a need to amend the Schedules the balance on which interest is charged. See Technical NJK-1, an amended Schedule NJK-1 must be forwarded Bulletin TB-21(R) for current and previous years’ interest to the Division of Taxation and to each partner. rates. An amended NJ-CBT-1065 and an amended Schedule NJK-1 for each partner must also be filed to correct any Fraudulent Returns error on or reflect any change to the original NJ-1065, Any person who deliberately fails to file a return, files whether or not an amended federal Form 1065 was filed a fraudulent return, or attempts to evade the tax in any for that year. way may be liable for a penalty up to $7,500 or imprison- ment for three to five years, or both. To amend your original NJ-CBT-1065, get a blank NJ-CBT-1065 for the tax year that is to be amended, Rounding Off to Whole Dollars and check the “Amended Return” box on the front of the Money items on the return and schedules can be shown form. Complete the form, entering the corrected informa- in whole dollars (eliminate amounts under 50 cents; en- tion, and attach an explanation of the changes. Entities ter amounts of 50 cents or more as the next higher dollar subject to the Electronic Filing Mandate as explained amount). on page 2 under “How to File” are required to file their amended return electronically. Entities that are not sub- ject to the Electronic Filing Mandate have the option of Signatures The NJ-CBT-1065 is not considered to be a return un- filing their amended partnership return electronically or less signed, either by a general partner, limited liability mailing it to: company member or, if applicable, a receiver, trustee in NJ Division of Taxation bankruptcy, or assignee. Revenue Processing Center PO Box 194 Anyone who prepares a partnership return for a fee must Trenton NJ 08646-0194 sign the return as a “Paid Preparer” and must enter their Social Security number or federal practitioner tax identi- fication number. The company or corporation name and Penalty and Interest Charges A penalty of $100 for each month or part of a month federal employer identification number must be included will be imposed for a partnership that is required to file if applicable. The preparer required to sign the partner- electronically but fails to do so. In addition, a late filing ship return must sign it by hand; signature stamps or penalty of 5% per month (or part of a month) up to a labels are not acceptable. If someone prepares the maximum of 25% of the outstanding tax liability will also return at no charge, the paid preparer’s area does not be imposed. need to be completed. A tax preparer who fails to sign the return or provide a correct tax identification number The Division may impose a penalty against the partner- may incur a $25 penalty for each omission. ship if the partnership is required to file an NJ-CBT-1065 and (1) fails to file the return on time, including any extension, (2) files a return that fails to show all the Line-by-Line Instructions information required, or (3) fails to file an amended part - Reporting Period nership return within 90 days of the date a final federal If you are reporting for a period other than Calendar Year determination or disallowance is issued or within 90 days 2022, enter the beginning and ending dates of your fiscal of the date the amended federal Form 1065 is filed, un- year. less the failure is due to reasonable cause and not due to willful neglect. Partnership Name, Address, Identification Enter the exact legal name, trade name, if any, and ad- Late Filing Penalty. 5% per month (or part of a month) dress of the partnership. The legal name is the name up to a maximum of 25% of the outstanding tax liability in which the business owns property or acquires debt. when a return is filed after the due date or extended Enter the trade name, registered alternate name, (d/b/a due date will be imposed. A penalty of $100 for each name) if different from the partnership’s legal name. 4 |
Enlarge image | Enter the partnership’s federal employer identification Line 8 – Total Tax Paid on Behalf of Partnership number (FEIN), principal business activity, and date the From Tiered Partnership Payment Schedule business was started. Enter the total tax paid on behalf of partnership from Schedule T. Enter the number of resident partners and the number of nonresident or foreign partners in the spaces provided. Line 9 – Estimated Payments/Credit From 2021 Each partner’s residency status must be determined as Enter the total amount of estimated payments made. of the close of the partnership’s tax year. Also, enter your credit forward request from line 13 of your 2021 NJ-CBT-1065. Check the appropriate boxes to indicate whether the re- turn is a(n) Line 10 – Payment From CBT-206 • Initial return; Enter the amount of the payment remitted with your 2022 Partnership Application for Extension of Time to • Final return; or File NJ-CBT-1065. • Amended return. Lines 11 and 12 Check the appropriate boxes to indicate if If line 6 is more than the total of lines 7 through 10, there • An application for a federal extension is attached; is a balance due. Complete line 11. • This is a tiered partnership. If line 6 is less than the total of lines 7 through 10, there is an overpayment. Complete line 12. Nonresident Partners Tax (Lines 1–13) Any entity that was required to calculate a tax on its non- resident partner(s) on the NJ-1065 must complete lines Line 11 – Total Balance Due Subtract lines 7–10 from line 6 and enter the balance 1 through 13 of Nonresident Partners Tax. due. Make check payable to “State of New Jersey – Line 1 – Total Income CBT” and remit with your completed NJ-CBT-V, Corpora- Enter the total income from line 12 of the NJ-1065. tion Business Tax–Partnership Payment Voucher. Line 2 – Total Nonresident Noncorporate Partner Line 12 – Overpayment Share of Tax Subtract line 6 from the total of lines 7–10 and enter the Enter the amount from line 2c, column J, of Partners Di- overpayment. rectory on the NJ-1065. Line 13 – Credit to 2023 Line 3 – Total Nonresident Corporate Partner Share Enter the amount of the overpayment shown on line 12 of Tax that you want forwarded to your 2023 NJ-CBT-1065. Enter the amount from line 2c, column K, of Partners Di- rectory on the NJ-1065. Line 14 – Refund Enter the amount of the overpayment shown on line 12 Line 4 – Total Tax that you want refunded. Add lines 2 and 3. Line 5 – Interest on Underpayment of Estimated Tax Enter the amount of interest due from line 18 of the CBT-160-P. Check the box if the entity qualified for an exception to the imposition of interest or if the partner- ship calculated an interest charge on the underpayment of installment payments. Line 6 – Total Due Add lines 4 and 5. Line 7 – Pass-Through Business Alternative Income Tax Credit If you check the nonresident partners tax box on Form NJ-1065, Schedule A, Part II, line 14, enter the partner- ship’s total share of Pass-Through Business Alternative Income Tax from Schedule T. 5 |