Enlarge image | New Jersey Income Tax Withholding Instructions NJ-WT This Guide Contains: • Mandatory Electronic Filing of 1099s • How to Calculate, Withhold, and Pay New Jersey Income Tax “Customer quotes, • Withholding Rate Tables called “pull quotes,” are Instructions for the Employer’s Reports (Forms NJ-927 and • NJ-927-W) an excellent way to • Instructions for Domestic Employer’s Report (Form NJ-927-H) demonstrat your • Form NJ-W4 (Employee’s Withholding Certificate) success and put emphasis on your • Form NJ-W-4P (Voluntary Withholding for Pension Income) values. They also add • Sample Form W-2 visual interest to your • Withholding Requirements for Certain Construction newsletter...” Contractors • Contact information for the Department of Labor and - Kim Abercrombie Workforce Development on Questions about New Jersey Unemployment, Disability, and Family Leave Insurance • Penalty and Interest Guidelines and Rates 1 |
Enlarge image | Revision History Date Page Number(s) Topic Revision This revision updates guidance to refer readers to June 14, 2022 4 Are You An Employer? the New Jersey Department of Labor and Workforce Development instead of the IRS. This revision adds withholding and reporting September 15, Compensation Paid to 7 & 16 guidance for compensation paid to election 2022 Election Workers workers. This revision clarifies that combat zone September 15, Combat Zone 7 & 16 compensation is only excludable from Income Tax 2022 Compensation for members of the U.S. Armed Forces. 2 |
Enlarge image | Personal Responsibility for Business Withholding on Supplemental Wage Payments Owners, Partners, and Officers .................5 (Bonuses, Commissions, Overtime Pay, Tips, Etc.)………………………………………………………..11 Employers ................................................5 Paying Unused Employee Benefit Time.......... 11 Are You an Employer? .................................... 5 Correcting Withholding Mistakes ........... 12 How to Get a Federal Employer Identification If You Do Not Withhold Enough ................... 12 Number ........................................................... 5 If You Withhold Too Much ........................... 12 How to Register as a New Jersey Employer .... 5 Filing and Paying New Jersey Compensation Subject to Withholding ........... 5 Withholdings ......................................... 12 Compensation Not Subject to Withholding .... 6 How to File and Pay Online .......................... 12 Employee Residency and When to Withhold ..................................................8 Quarterly Return –Form NJ-927 or NJ-927-W ...................................................................... 12 Residents Working in Another State .............. 8 Quarterly Due Dates ..................................... 12 Nonresident Employees .................................. 8 Seasonal Businesses ..................................... 13 New Jersey and Pennsylvania Reciprocal Businesses With Multiple Locations ............. 13 Agreement ...................................................... 8 Use Form NJ-927 to Report .......................... 13 Local Wage Taxes in Pennsylvania .................. 8 Monthly Payments –Form NJ-500 ............... 13 Military Personnel........................................... 8 Monthly Due Dates ...................................... 13 Rules for Military Spouses Working In New Jersey .............................................................. 9 Weekly Payers –Form NJ-927-W ................. 13 Domestic Employers ....................................... 9 Weekly Due Dates and Guidelines ............... 14 How to File if You Are a Domestic (Household) How to Withhold .................................... 10 Employer ................................................................ 14 Giving Employees Form NJ-W4 .................... 10 Correcting Form NJ-927, NJ-927-W, or Calculating the Amount of Income Tax to NJ-927-H ....................................................... 14 Withhold ....................................................... 10 Requesting a Refund .................................... 14 Resident Employees Working in Multiple Penalties, Interest, and Fees ........................ 14 States ............................................................ 10 Late Filing Penalties ...................................... 14 Nonresident Employees Working in Multiple Late Payment Penalty................................... 14 States ............................................................ 10 Interest ......................................................... 14 Allocating New Jersey Income ...................... 10 Collection Fees ............................................. 15 Employees Anticipating No Income Tax Liability in New Jersey ................................... 11 ACH Debit/Credit Payers .............................. 15 EFT Codes ..................................................... 15 Required Date Format .................................. 15 3 NJ-WT September 2022 |
Enlarge image | Form W-2 (Wage and Tax Statements for Filing the NJ-W-3 (Annual Reconciliation) 22 Employees) ............................................ 16 Payers of Gambling and Lottery What to Include in Box 16 of Form W-2 ....... 16 Winnings ........................................... 23 What to Exclude from Box 16 of Form W-2 16 When to Give Employees Form W-2 ............ 17 Calculating Withholdings from Gambling and Filing Form W-2 ............................................ 17 New Jersey Lottery Winnings ...................... .23 Correcting or Reissuing W-2s........................ 17 Slot Machines, Keno, or Bingo ..................... 23 Form NJ-W-3 (Reconciliation of Tax Lottery Winnings of 10,000 or Less .............. 23 Withheld) ............................................... 18 Lottery Winnings of 10,001 or More ............ 23 When to File Form NJ-W-3 ........................... 18 Filing and Paying New Jersey Withholdings . 23 Small Business Owners ................................. 18 Issuing Form W-2G ................................................ 23 Filing Form NJ-W-3 ....................................... 18 Filing Form NJ-W-3 (Annual Reconciliation). 23 Correcting Form NJ-W-3 ............................... 18 Rate Tables ............................................ 24 1099 Reporting ....................................... 19 When to File Form 1099 ............................. 19 Which Rate Table to Use .............................. 24 Payers of Proceeds from Real Estate Withholding Allowance Value Table ............ 24 Transaction ........................................................... 19 Examples of Percentage Method Mandatory Electronic Filing of 1099 Forms Calculations .................................................. 25 ................................................................... 19 Forms .................................................... 26 Filing Forms 1094/1095 Electronically ....... 20 Form NJ-W-4P ............................................... 27 Construction Contractor Services ............ 21 Sample W-2s ................................................. 28 Contractors Exempt From Withholdings ...... 21 Contact Information ............................... 31 How to Register or Get Proof of Registration .......................................................................21 Filing and Paying Contractor Withholdings .. 21 Withholding From Pensions and Annuities .............................................................. 22 How to Obtain an Employer Identification Number ......................................................... 22 How to Register ............................................ 22 New Jersey Residents Requesting Withholdings on Pension and Annuity ......... 22 Calculating New Jersey Withholdings on Pension and Annuity Payments .................... 22 Filing and Paying New Jersey Withholdings .22 When to Issue 1099-Rs ................................. 22 4 NJ-WT September 2022 |
Enlarge image | Personal Responsibility for Business Owners, Partners, and Officers When you are required to withhold New Jersey Income Tax, you are acting as a trustee on New Jersey’s behalf. If you do not withhold and pay Income Tax as required: • You are limiting your employees/payees’ ability to meet their tax responsibility; and • You can also be held personally liable for any amounts you should have withheld. This guide provides information to help you withhold, report, and pay New Jersey Income Tax. Employers Are You an Employer? The Division of Taxation does not determine an employee/employer relationship for the purposes of Unemployment Insurance. The New Jersey Department of Labor and Workforce Development (DOLWD) administers the IRS ABC Test to determine whether a worker is an employee or an independent contractor. State law requires workers to be considered employees except under certain circumstances. Those circumstances can include whether: the worker is customarily engaged in an independently established occupation; and the work is outside the usual course of the business for which the service is performed; and the worker is free from control or direction over their work performance. DOLWD auditors and investigators use the Worker Classification Questionnaire to evaluate if an individual’s relationship with the business is that of an employee or independent contractor. If you have additional questions, review the DOLWD’s Employment Under the NJ Unemployment Compensation Law informational packet, or contact the DOLWD at (609) 292-2321. How to Get a Federal Employer Identification Number You need a Federal Employer Identification Number (FEIN) to withhold New Jersey Income Tax. You can apply for a FEIN on the IRS’s website. How to Register as a New Jersey Employer You can register online. If you already registered your business and need to tell New Jersey you are now an employer, you can do so online. Every employer needs a Federal Employer Identification Number to register for New Jersey withholdings. If you are a corporate entity, you will also need a 10-digit New Jersey Corporate Identification Number from the Division of Revenue and Enterprise Services. If you already have a 10-digit ID number but do not remember what it is, you can use the Business Name Search or contact that Division at 609-292-9292. Compensation Subject to Withholding Most compensation earned in New Jersey, whether by residents or nonresidents, is subject to New Jersey withholdings. 5 NJ-WT September 2022 |
Enlarge image | Generally, if an item is considered employee compensation for federal Income Tax withholding, it is subject to New Jersey Income Tax withholding. Include the items listed below when calculating the withholding amount for an employee’s compensation: • Salaries • Wages • Tips • Fees • Commissions • Bonuses • Other remuneration received for services rendered • Compensation paid under an accident or health insurance plan. See temporary disability benefits in the section below • Employee contributions to retirement plans other than a 401(k) in the year they are made • 401(k) contributions that exceed the federal limit • Amounts an employee takes out of cafeteria plans even if the employee elects to receive benefits rather than cash • Combat zone compensation paid to members of the Armed Forces of the United States (for Tax Year 2020 and before) even if the income was excluded federally Compensation Not Subject to Withholding New Jersey does not tax the following items and they should not be included in the State wage portion of your employee’s W-2. • Temporary disability benefit payments required to be made under the State Plan administered by the Bureau of State Plan Disability Law • Temporary disability benefit payments required to be made to employees under a company’s private plan • 401(k) contributions up to the federal limit • Life insurance proceeds paid due to death • Worker’s compensation due to personal injury or sickness • Damages paid by suit or agreement due to personal injury, sickness, or wrongful imprisonment • Scholarships paid by an educational institution • Fellowship grants • Amounts paid and used for travel, research, or equipment expenses incidental to a scholarship or research grant • Commuter Transportation Benefits - up to a certain limit o Proof of payment for alternative transportation (receipts, ticket stubs, etc.) must be provided by the employee to qualify for the exclusion. For more information, see Employee Tax Incentives for Employer-Provided Commuter Transportation Benefits. • Medical Savings Account (IRC Section 220, Archer MSA) contributions excludable for federal purposes • Cafeteria plans that require a portion of the employee’s benefit dollars be used to purchase certain benefits (commonly a minimum level of medical, life insurance, and/or long-term disability coverage) 6 NJ-WT September 2022 |
Enlarge image | • Cafeteria plans when the employee receives cash instead of benefits if: o The plan does not reduce an employee’s salary o Employee receives similar benefits from another source, e.g. a spouse’s/civil union partner’s coverage. The value of the cash option is not taxable by the IRS • Combat zone compensation paid to members of the Armed Forces of the United States (for Tax Year 2021 and after) that is excluded from federal taxable income • Compensation for services performed by an election worker (for Tax Year 2022 and after) 7 NJ-WT September 2022 |
Enlarge image | Employee Residency and When to Withhold Resident Employees Working in New Jersey All wages and employee compensation paid to a resident working in New Jersey is subject to withholding. If you employ New Jersey residents working in New Jersey, you must register,file, and pay New Jersey employer withholdings. Residents Working in Another State You are not obligated to withhold New Jersey Income Tax if a New Jersey resident meets all three of the following: • Employed totally outside New Jersey; • Subject to the withholding tax of that state; and • The withholdings required by that state equal or exceed the withholdings required for New Jersey. If the employee works only part of the time out of state or the other state’s withholding tax rate is lower than New Jersey’s, you must withhold New Jersey taxes in addition to the other state to offset the employee’s resident income tax liability. Nonresident Employees You must withhold New Jersey tax from compensation paid to nonresident employees working in New Jersey. If a nonresident employee works inside and outside New Jersey, only the compensation paid for work performed in New Jersey is subject to New Jersey withholding. New Jersey and Pennsylvania Reciprocal Agreement New Jersey and Pennsylvania have a reciprocal agreement. You are not required to withhold on compensation paid to Pennsylvania residents working in New Jersey if they file an Employee’s Certificate of Nonresidence in New Jersey (Form NJ-165). You must keep the completed Form NJ-165 in your records. You must withhold New Jersey tax if your employee does not complete the certificate. Similarly, a New Jersey resident working in Pennsylvania generally does not need Pennsylvania withholdings. Under the reciprocal agreement, you should withhold tax for these employees in the state in which they live, not the state in which they work. Local Wage Taxes in Pennsylvania The reciprocal agreement does not excuse an employer from withholding local wage taxes imposed by cities, towns, or other localities in Pennsylvania. Contact the Pennsylvania Department of Revenue for more information. Military Personnel Military personnel with a New Jersey home of record are subject to New Jersey withholdings unless: • They did not maintain a permanent home in New Jersey; • They maintained a permanent home outside New Jersey; and • They did not spend more than 30 days in New Jersey during the taxable year 8 NJ-WT September 2022 |
Enlarge image | Rules for Military Spouses Working In New Jersey Military spouses working in New Jersey are not required to have New Jersey taxes withheld from compensation paid to them for work done in the State if: • Their spouse is a member of the armed forces present in New Jersey on military orders; • They file Form NJ-165 and a copy of their spousal military identification card with their employer. These provisions are covered under the Service members Civil Relief Act (SCRA), as amended by the Federal Military Spouses Residency Relief Act. Domestic Employers If you employ a household worker, you may be considered a domestic employer. Some examples of this are nannies, caretakers, housekeepers, butlers, groundskeepers, etc. The IRS can advise you if you need to withhold federal taxes for these employees. If you do, you must also withhold New Jersey taxes. Your employee can also choose to have New Jersey taxes withheld or claim they are exempt from the withholding requirement. If you determine you are a domestic employer and are required to withhold, you must file and pay annually. 9 NJ-WT September 2022 |
Enlarge image | How to Withhold Giving Employees Form NJ-W4 You must give Form NJ-W4 to your employees to fill out and return to you. This form tells you how to withhold tax from your employee’s pay. Do not use the federal W-4 to calculate New Jersey withholdings because employees cannot claim personal exemptions on the federal form. You should keep completed forms for your records and only submit them to the Division upon request. Calculating the Amount of Income Tax to Withhold Calculate the amount to withhold using: • The withholding tables or methods in this guide; • The rate selected by the employee on Form NJ-W4; • The withholding exemptions from Form NJ-W4; • The employee’s filing status from Form NJ-W4; • Any additional amount listed on line 5 of the Form NJ-W4. Do not withhold if an employee has given you Form NJ-W4 stating they are exempt from New Jersey Income Tax withholdings for the year. In special situations, an employer may apply to the Director of the Division of Taxation for permission to use another method. An agreement in writing may be made between the employer and employee to have additional amounts of New Jersey tax withheld. Resident Employees Working in Multiple States To avoid withholding too much from your employee, the amount of New Jersey Income Tax you withhold should be reduced by the amount of Income Tax you withhold for other states, their political subdivisions, or the District of Columbia. Nonresident Employees Working in Multiple States You are required to withhold New Jersey Income Tax from all compensation paid no matter where earned, unless you use the calculation below to determine the percentage of income earned in New Jersey or maintain current records to determine the exact amount of compensation earned from New Jersey sources. Allocating New Jersey Income If you are not sure what was earned in New Jersey and what was earned out of state, allocate the amount of wages that should be taxed by New Jersey using the calculation below. Use the resulting wage figure to calculate the correct withholding amount. Days worked in New Jersey X Total wages for the year = Wages earned in New Jersey Total days worked all year If you have a record of the exact amount of income earned from work in New Jersey, you should only withhold on that amount. 10 NJ-WT September 2022 |
Enlarge image | Employees Anticipating No Income Tax Liability in New Jersey If your employees expect to earn wages below our Income Tax filing requirements, they should complete Form NJ- W4 and write EXEMPT on line 6. You do not need to withhold if the employee writes EXEMPT on line 6 of Form NJ- W4. Withholding on Supplemental Wage Payments (Bonuses, Commissions, Overtime Pay, Tips, Etc.) If the supplemental wages are paid at the same time as regular wages: • Total the employee’s regular wage and supplemental wages and withhold at the appropriate rate based on the combined payment. If the supplemental wages are paid at a different time: • Withhold from the supplemental wages without any exemption allowances your employee takes on the NJ- W4. Paying Unused Employee Benefit Time You should treat payments of accumulated employee benefit time (such as unused sick or vacation time) as a supplemental wage payment. 11 NJ-WT September 2022 |
Enlarge image | Correcting Withholding Mistakes If You Do Not Withhold Enough If you do not withhold enough, or withhold less than what your employee requested, you should inform the employee and withhold additional tax on later payments to make up the difference. If you do not withhold the correct amount of taxes, your employees may owe money when they file their Income Tax return. If You Withhold Too Much If you withhold more than the amount of tax requested, you should repay the difference to the employee. Reimbursement is a matter of settlement between you and your employee. If you do not repay your employee, you should pay the full withholdings to the State in the quarter it was withheld and include the entire amount withheld on your employee’s W-2. Filing and Paying New Jersey Withholdings Anyone withholding New Jersey Income Tax (except domestic employers) is required to file the Employer's Quarterly Report (Form NJ-927 or NJ-927-W). You must file and pay electronically. How often you make payments depends on the amount of tax you collect per month and/or the amount of tax you collected in the prior year. How to File and Pay Online You must file and pay your withholdings through our website, certified software or a payroll company. You will need your 12-digit FEIN and 4-digit PIN we assigned to you when you registered. You can also file with your 12-digit FEIN and the business name. Quarterly Return – Form NJ-927 or NJ-927-W All employers, except domestic employers, must file a quarterly return Form NJ-927, even if there was no tax withheld for the quarter. You must submit the total of all tax withheld for the quarter (after taking credit for monthly and/or weekly paymentsmade), electronically, by 11:59 p.m. on the 30th day of the month following the end of the quarter. If the due date falls on a weekend or holiday, Form NJ-927 is due the next business day. Quarterly Due Dates Period Months in Period Due Date 1stQuarter January - March April 30 2nd Quarter April - June July 30 3rd Quarter July - September October 30 4th Quarter October - December January 30 12 NJ-WT September 2022 |
Enlarge image | Seasonal Businesses You are required to file returns for all four periods –including quarters in which you conduct no business. Businesses with Multiple Locations If you have multiple locations under the same FEIN, you must file combined withholding returns for all locations under one number. Use Form NJ-927 to Report • New Jersey Gross Income Tax withheld • Unemployment Insurance* • Supplemental Workforce Fund* • Workforce Development Partnership Fund* • Family Leave Insurance* • Disability Insurance wage and withholding information* *Administered by the Department of Labor and Workforce Development Monthly Payments – Form NJ-500 If you collected more than $500 in tax withheld for the first and/or second months of the quarter, you are required to make monthly payments using Form NJ-500 for those months. The third month of the quarter is always paid with the quarterly return. Monthly Due Dates Your monthly payment is due by 11:59 p.m. on or before the 15th day of the month following the month it was collected. You will take credit for any monthly payments made when you file that quarter’s return. See chart below. Quarter Month Due Date January February 15 1stQuarter February March 15 April May 15 2nd Quarter May June 15 July August 15 3rd Quarter August September 15 October November 15 4th Quarter November December 15 Weekly Payers – Form NJ-927-W If you had a prior year liability of $10,000 or more of Income Tax withheld, you are designated a "weekly" payer and are required to make payments based on the frequency of your pay period. 13 NJ-WT September 2022 |
Enlarge image | Weekly Due Dates and Guidelines • You are required to make the withholding payments by 11:59 p.m. of the Wednesday after the pay week. • “Weekly” payers do not necessarily make payments every week. o If you have a bi-weekly payroll, you would pay bi-weekly. If you have a monthly payroll, you would pay monthly. • You are still required to file a quarterly return (NJ-927-W) by the 30th day of the month following the end of the calendar quarter. • If you are a weekly filer, use Form NJ-500 to make weekly payments. How to File if You Are a Domestic (Household) Employer You will report and pay Income Tax withholding and unemployment and disability insurance electronically once a year using Form NJ-927-H. You must file the form by January 31 for the prior calendar year. You do not file quarterly returns (Forms NJ-927 or NJ-927-W) or monthly remittances (Form NJ-500). However, if you have both household and regular employees, you will file and pay for both, using Form NJ-927 or NJ- 927-W. Correcting Form NJ-927, NJ-927-W, or NJ-927-H You can make corrections to your quarterly returns by using our online filing system. This will replace your original return. If you make corrections after the due date of your return, the Division may bill you for penalties and interest on any additional amount due. Requesting a Refund If you are overpaid in: • The current period, you can request a refund on that quarter’s NJ-927; • A prior period, you must amend that quarter’s NJ -927 to request a refund; • A prior year, you must amend the NJ-927 for that quarter and your NJ-W- 3. Penalties, Interest, and Fees If you file or pay late, you may be charged a penalty and interest. Late Filing Penalties • 5% per month (or fraction of a month) of the balance of tax due at the original return due date; o Not exceeding 25% of tax liability; • $100 per month (or fraction of a month) penalty if the return is late. Late Payment Penalty • 5% of the balance of tax due and paid late. Interest • 3% above the prime rate o Imposed each month (or fraction of a month) on the unpaid balance of the tax from the original due date to the date of payment; o At the end of each calendar year, we will add the outstanding tax, penalties, and interest to your balance due. Interest is charged on the combined balance. 14 NJ-WT September 2022 |
Enlarge image | Collection Fees • Tax Bills Sent to a Collection Agency We add an 11% referral cost recovery fee to your balance due. • Certificate of Debt We add a cost of collection fee of 5% to 20%. ACH Debit/Credit Payers If you are a registered ACH Debit/Credit payer, use the codes below to specify the payment frequency. EFT Codes Payment Frequency Code Quarterly 01130 Monthly 01120 Weekly 01170 Required Date Format If you are paying by ACH Debit or Credit, you are required to use the quarter’s tax period end date for all payments. Use the “year, month, last day of month” format below: IF the 2021 quarter is... THEN the tax period end date is… 1st 220331 2nd 220630 3rd 220930 4th 221231 For example: ABC Company, a weekly payer, has a payday on June 3, 2022, and withholds $1,500 of New Jersey Income Tax. ABC Company must remit $1,500 via Electronic Funds Transfer (EFT) by Wednesday, June 8, 2022. The Tax Period End Date on the EFT transaction would be “220630,” and the NJ-927-W Income Tax liability and payment would be reported on the June 2022 Employer’s Quarterly Report. 15 NJ-WT September 2022 |
Enlarge image | Form W-2 (Wage and Tax Statements for Employees) What to Include in Box 16 of Form W-2 • State wages, tips, and compensation paid including: o Employee elective amounts contributed to all types of pension plans, except elective contributions to IRC section 401(k) Plans o Non-excludable cafeteria plan contributions o IRC section 129 dependent care benefits o IRC section 137 adoption expense benefits • State Income Tax withheld • The name of the State to which withholdings were paid • Unemployment Insurance Withholding* • Supplemental Workforce Fund* • Workforce Development Partnership Fund* • Disability Insurance* o Include private plan number for disability* • Family Leave Insurance (FLI) Contributions* * Administered by the Department of Labor and Workforce Development (See Contacts.) You must include a combined amount for Unemployment Insurance/Supplemental Workforce Fund/Workforce Development Partnership Fund and report separate amounts for both State Disability Insurance withheld and Family Leave Insurance. What to Exclude from Box 16 of Form W-2 If you pay any of the categories below to your employee, do not report them in box 16 as wages. Follow IRS guidelines to determine how they are reported on a W-2. • Proceeds of life insurance contracts payable by reason of death • Employees’ death benefits • Amounts received under worker’s compensation acts for personal injuries or sickness • Amounts of damages received, whether by suit or agreement on account of personal injuries or sickness • Any amount received as a scholarship at an educational institution • Any amount received as a fellowship grant • Any amount that is paid to a scholarship, fellowship, or research grant recipient that is used for general living expenses such as room, board, travel, etc., in excess of tuition and related expenses (fees, books and supplies.) • Amounts received as combat zone compensation by members of the Armed Forces of the United States (for Tax Year 2021 and after) that is excluded from federal taxable income • Compensation for services performed by a member of an election worker (for Tax Year 2022 and after) 16 NJ-WT September 2022 |
Enlarge image | When to Give Employees Form W-2 Employees who worked until December 31 • No later than February 15 of the following year Employees who leave before December 31 and are not expected to return • 30 days after the last wage payment Employees already issued a W-2, who returned to work in the same calendar year • Must be issued a second W-2 covering that period of employment Filing Form W-2 You have options to file your W-2s electronically: 1. File on our website: If you are registered to withhold New Jersey Income Tax, log into your account to electronically file Forms W-2 and NJ-W-3. If you are not required to register, create an online account to file Form W-2. 2. Online Upload Service: You may upload Forms NJ-W-3, W-2, W-2G, and/or 1099 with this service. There is no limit to the number of documents you can upload at once, as long as the uploads are in the correct, pre-specified format. Visit the FAQ webpage to learn more about this service and other specifications. 3. File using Axway: For those filing at least 100 forms, you can electronically file Forms NJ-W-3 and W2/1099 using our secure electronic bulk filing service provider. Visit the E-filing services webpage to learn how. 4. Third-party software users: Some accounting software programs and payroll service providers offer business owners the ability to submit W-2, 1099, and NJ-W-3 forms electronically through their software. Check with your provider to confirm if this feature is available . Correcting or Reissuing W-2s • Corrected W-2s Issue Form W-2c to the employee if corrections are made after the original is issued. Corrected W-2s must be issued by the dates listed above. Include a copy of Form W-2c withForm NJ-W-3. • Lost or destroyed W-2s Issue a substitute copy clearly marked “reissued by employer” to the employee. • Undeliverable W-2s See the IRS’s General Instructions for Forms W-2 and W-3. 17 NJ-WT September 2022 |
Enlarge image | Form NJ-W-3 (Reconciliation of Tax Withheld) When to File Form NJ-W-3 Anyone withholding New Jersey Income Tax must file a year-end reconciliation (Form NJ-W-3) on or before February 15 of the following year. If February 15 falls on a weekend or holiday, the due date is the next business day. If you stop paying wages during the year, you must file Form NJ-W-3 within 30 days after the last month the business was active or wages were paid. Mandatory Electronic Filing Beginning in Tax Year 2020 Beginning with Tax Year 2020, you must submit Form NJ-W-3 and all W-2, W-2-G, and 1099 attachments electronically. Small Business Owners Some accounting software programs and payroll service providers offer small business owners the ability to submit W-2, 1099, and NJ-W3 forms electronically through their software. Check with your provider to confirm if this feature is available. Filing Form NJ-W-3 You have options to file Forms NJ-W-3, NJ-W3-G, NJ-W-3-UNC, and attachments: 1. File on our website: Log into your account to file Form NJ-W-3. You can also enter W-2, W-2-G, and/or 1099 information. 2. Online Upload Service: You may upload Forms NJ-W-3, W-2, W-2G, and/or 1099 with this service. There is no limit to the number of documents you can upload at once, as long as the uploads are in the correct, pre-specified format. Visit the FAQ webpage to learn more about this service and other specifications. 3. File using Axway: For those filing at least 100 forms, you can electronically file Forms NJ-W-3 and W2/1099 using our secure electronic bulk filing service provider. Visit the E-filing services webpage to learn how. 4. Third-party software users: Some accounting software programs and payroll service providers offer business owners the ability to submit W-2, 1099, and NJ-W-3 forms electronically through their software. Check with your provider to confirm if this feature is available. Correcting Form NJ-W-3 • If filing a corrected W-2, W-2G, or 1099, submit an amended Form NJ-W-3 as outlined above. Include a copy of the corrected W-2s, W-2Gs, or 1099s, with the amended Form NJ-W-3. • If filing a corrected NJ-W-3 only, submit an amended Form NJ-W-3. You do not need to attach the W-2s or 1099s you submitted with the original W-3. If the correction changes the amount of tax reported and you already filed quarterly returns, you must amend each quarterly return affected by the change. See Correcting Form NJ-927, NJ-927-W, or NJ-927-H. 18 NJ-WT September 2022 |
Enlarge image | 1099 Reporting You must provide New Jersey with copies of 1099 information returns when the amount paid or credited is $1,000 or more in a calendar year or if any New Jersey Income Tax was withheld from the payment if you are a payer of: • Interest and/or Dividends including: o Banks o Savings and loan associations o Building and loan associations o Savings banks o Fiduciaries o Employers • All other interest • Rents • Salaries • Wages • Premiums • Annuities • Compensation • Remuneration • Other gains • Profits or income • Anyone required to file federal Form 1099 or any of the Form 1099 designations If you issued Form 1099-R, Form 1099-MISC, or 1099-NEC with New Jersey withholdings, you must file copies of these 1099s electronically with Form NJ-W-3. For more information, see Filing Form NJ-W-3 section. Payers of Proceeds from Real Estate Transaction If you are required to report the proceeds from real estate transactions to the IRS on federal Form 1099-S (or any other form which the Internal Revenue Code may designate), you are also required to submit all reports to the Division of Taxation if the real estate being sold or exchanged is partially or entirely located in New Jersey. When to File Form 1099 You must file Form 1099 information returns on or before February 15 of the following year. If February 15 falls on a weekend or holiday, the due date is the next business day. Mandatory Electronic Filing Beginning in Tax Year 2020 Beginning with Tax Year 2020, you must submit Form NJ-W-3 and all W-2, W-2-G, and 1099 attachments electronically. 19 NJ-WT September 2022 |
Enlarge image | You have options to file your 1099s electronically. 1. File on our website: If you are registered to withhold New Jersey Income Tax, log into your account to electronically file Forms NJ-W-3 and 1099. If you are not required to register, create an online account to file Form 1099. 2. Online Upload Service: You may upload Forms NJ-W-3 and 1099 with this service. There is no limit to the number of documents you can upload at once, as long as the uploads are in the correct, pre-specified format. Visit the FAQ webpage to learn more about this service and other specifications. 3. File using Axway: For those filing at least 100 forms, you can electronically file Forms NJ-W-3 and W2/1099 using our secure electronic bulk filing service provider. Visit the E-filing services webpage to learn how. 4. Combined Federal/State Reporting Program: You may register with the IRS in the Combined Federal/State Reporting Program to file 1099s electronically to the IRS only. The IRS will then provide New Jersey with a copy of the 1099 information. You may also contact the IRS Electronic Product and Services Support, Information Reporting Branch, Customer Service Section, toll-free at 1-866-455-7438 (Monday through Friday, 8:30 a.m. to 4:30 p.m.) or by email mccirp@irs.gov or by using Telecommunications Device for the Deaf (TDD) at (304) 267-3367. The State conforms to Federal 1099 electronic filing standards outlined in IRS Publication 1220. 5. Third-party software users: Some accounting software programs and payroll service providers offer business owners the ability to submit W-2, 1099, and NJ-W-3 forms electronically through their software. Check with your provider to confirm if this feature is available . Filing Forms 1094/1095 Electronically For guidance on electronically filing your Forms 1094/1095, visit our website. 20 NJ-WT September 2022 |
Enlarge image | Construction Contractor Services Individuals and businesses paying certain contractors for construction services (capital improvement or repairs) must obtain proof of the contractor’s New Jersey registration or withhold 7% of the amount paid for services as Income Tax withheld. Contractors Exempt from Withholdings • Contractors working for any government agency. • Contractors working for homeowners or tenants on their principal residence. • Incorporated contractors (corporations). An incorporated contractor means a construction company taxed as a corporation for federal tax purposes. • Unincorporated contractors that provide the property owners with a copy of their Business Registration Certificate (BRC). A BRC is the only valid proof that a business is registered with the State. Property owners must keep a copy of the construction contractor’s BRC for their records. How to Register or Get Proof of Registration • Unregistered construction contractors can register online to receive an immediate BRC. • Construction contractors who are already registered can get a copy of their BRC online. • Call (609) 292-9292 if you need assistance. Filing and Paying Contractor Withholdings Property owners who withhold tax on behalf of unregistered unincorporated construction contractors may remit their withholdings using: • Form NJ-927/NJ-927-W (employers already registered only); or • Form NJ-550 (non-employers). The property owner must also: • Issue Form 1099-MISC showing the amount withheld and; • Electronically file an Annual Reconciliation using Schedule NJ-W-3-UNC. o Include copies of forms 1099-MISC with New Jersey withholdings. Mandatory Electronic Filing Beginning in Tax Year 2020 Beginning with Tax Year 2020, you must submit Form NJ-W-3, NJ-W-3-UNC, and all W-2, W-2-G, and 1099 attachments electronically. You can find additional information on withholding and remitting tax for unregistered contractors online. 21 NJ-WT September 2022 |
Enlarge image | Withholding From Pensions and Annuities You are only required to withhold New Jersey Income Tax from pensions and annuities payments if requested by the recipient. We do not tax pension or annuity payments for nonresidents. Only New Jersey residents should request withholdings. How to Obtain an Employer Identification Number See the How to Obtain an Employer Identification Number Section. How to Register See the How to Register Section. New Jersey Residents Requesting Withholdings on Pension and Annuity If pension recipients want New Jersey withholdings, they must complete Form NJ-W-4P and submit it to you or the appropriate section of your company. Calculating New Jersey Withholdings on Pension and Annuity Payments You do not calculate withholding for pension and annuity payments. You will withhold the amount requested by recipients on the NJ-W-4P. If recipients choose to have withholdings, they must have a minimum of $10 withheld from each pension payment. There is no limit to the maximum they can have taken out, but it must be an even dollar amount. Filing and Paying New Jersey Withholdings See the Filing and Paying withholdings section. If you withhold from New Jersey pensions or annuities, combine the withholdings with your employee withholdings for the period and report both on your NJ-927. When to Issue 1099-Rs You must issue Form 1099-R to recipients of pension and annuity payments by January 31 of the following year. You must file Form 1099-R with Form NJ-W-3 if any New Jersey Income Tax was withheld. Mandatory Electronic Filing Beginning in Tax Year 2020 Beginning with Tax Year 2020, you must submit Form NJ-W-3 and all W-2, W-2-G, and 1099 attachments electronically. See Filing the NJ-W-3 section. 22 NJ-WT September 2022 |
Enlarge image | Payers of Gambling and Lottery Winnings How to Register See the How to Register Section. If you are already registered as an employer and are required to withhold from gambling and/or lottery winnings, you do not need to register again. You will withhold and pay your gambling/lottery withholdings under your Federal Employer Identification Number. Calculating Withholdings from Gambling and New Jersey Lottery Winnings If you are required to withhold federal Income Tax from gambling winnings, you must withhold New Jersey taxes in an amount equal to 3% of the payments for both New Jersey residents and nonresidents. Slot Machines, Keno, or Bingo You do not have to withhold New Jersey Income Tax, regardless of the amount won. Lottery Winnings of $10,000 or Less You do not have to withhold on New Jersey Lottery winnings of $10,000 or less. Lottery Winnings of $10,001 or More You must withhold: • 5% for payouts between $10,001 and $500,000; or • If the claimant does not provide a valid Social Security number or taxpayer identification number, you must withhold 8%; or • 8% for payouts in excess of $500,000. Filing and Paying New Jersey Withholdings See the Filing and Paying withholdings section. If you withhold from New Jersey gambling and/or lottery winnings and have employees, combine the withholdings for the period and report both on your NJ-927. Issuing Form W-2G You are required to issue the recipient Form W-2G (Statement for Recipient of Certain Gambling Winnings) at the time winnings are paid. Mandatory Electronic Filing Beginning in Tax Year 2020 Beginning with Tax Year 2020, you must submit Form NJ-W-3 and all W-2, W-2-G, and 1099 attachments electronically. You must also complete Schedule NJ-W3-G (Schedule for Computing Amount Withheld from Employee Wages and Gambling Winnings) with Form NJ-W-3. See our Filing the NJ-W-3 section for more detail. 23 NJ-WT September 2022 |
Enlarge image | Rate Tables For all other wage amounts, see the New Jersey Withholding Rate Tables. Alternately, for wages up to certain limits, you can use the Supplemental Withholding Tables to determine the withholding amount. Which Rate Table to Use FOR EMPLOYEES WHO COMPLETE FORM NJ-W4 Withhold at Rate A If Box 1 or 3 on Line 2 (Filing Status) is checked Withhold at Rate B If Box 2, 4 or 5 is checked and Line 3 is blank Withhold at Rate Selected If employee completes Line 3 Withholding Allowance Value Table Payroll Period One Withholding Allowance Weekly $19.20 Biweekly $38.40 Semimonthly $41.60 Monthly $83.30 Quarterly $250 Semiannual $500 Annual $1,000 Daily or Miscellaneous $2.70 If you are calculating the Income Tax withholdings: 1. Multiply the proper withholding allowance (above table) by the number of exemptions claimed by the employee; 2. Subtract this amount from the wages for the period to determine wages subject to withholding; and 3. Refer to the New Jersey Withholding Rate Tables to determine the withholding amount. Wage amounts may be rounded to the nearest dollar for these calculations. 24 NJ-WT September 2022 |
Enlarge image | Examples of Percentage Method Calculations 25 NJ-WT September 2022 |
Enlarge image | Forms Form NJ-W4 26 NJ-WT September 2022 |
Enlarge image | Form NJ-W-4P Form NJ-W-4P NJ-W-4P CERTIFICATE OF VOLUNTARY WITHHOLDING OF NEW JERSEY GROSS INCOME TAX (04-17) FROM PENSION AND ANNUITY PAYMENTS Print Your Full Name Your Social Security Number - - Home Address ID Number of Your Pension or Annuity City or Town State Zip Code (From Your Statement or Contact Your Payer): I want to have New Jersey Gross Income Tax withheld from this pension or annuity payment in the amount of $ .00 (Enter a whole dollar amount of $10 or more for each payment.) I want to stop withholding New Jersey Income Tax from this pension or annuity payment. Your Signature Date MAIL THIS FORM TO YOUR PENSION OR ANNUITY PAYER FORM MAY BE REPRODUCED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - cut here - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - You can use Form NJ-W-4P to notify your pension payer to begin, change, or stop withholding New Jersey Income Tax from your pension or annuity payments. Note: If you previously completed this form, do not file again unless you want to make a change. Instructions • Fill in your name, address, and Social Security number; • Enter the identification number of your pension or annuity contract. If you do not find this number on your annual pension or annuity statement, ask your pension plan administrator; • Check only one box. If you are requesting to have Income Tax withheld, you also must enter the amount you want deducted from each payment; • Sign and date the completed form; • Mail this form to the payer of your pension or annuity. If you do not have the mailing address, you must contact your payer. For State of New Jersey retirees and benefit recipients only, visit the New Jersey Division of Pensions and Benefits for mailing information. 27 NJ-WT September 2022 |
Enlarge image | 2021 W-2 SAMPLE: PREFERRED How to Report Worker Contributions for Unemployment Insurance, Workforce Development Partnership Fund/Supplemental Workforce Fund, State Disability Insurance, Family Leave Insurance, Employee Withholding for New Jersey Gross Income Tax a. Employee’s Social Security number b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social Security wages 4 Social Security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social Security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits e Employee’s first name and initial Last name Suff. 11 Nonqualified plans 12a See instructions for box 12 13. Statutory Retirement Third-party 12b employee plan sick pay OC ED 14. Other 12cC UI/WF/SWF –153.85 O D DI -649.54 E 12b f. Employee’s address and ZIP code DI P.P. # XXXXXXXXXX C DO E 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name NJ 234-567-890/000 36,200.00 525.00 FLI P.P. # XXXXXXXXXXX 386.96 - FLI Department of Treasury - Internal Revenue Service Wage and Tax W-2 Statement 2021 New Jersey Taxpayer Worker Contributions Identification Number Unemployment Insurance, Workforce Development Family Leave Insurance Private Partnership Fund/Supplemental Workforce Fund. Call the New Jersey Plan Number (FLI P.P.#) Division of Taxation’s State Disability Insurance Customer Service To be entered only by employers Center at 609-292-6400 that have an approved contributory or the New Jersey Private Family Leave Insurance Family Leave Insurance Please Note: Department of Labor and Plan. Call 609-292-2720 if you are Workforce Development unsure of your Private Plan Number. The 2021 Taxable Wage Base for UI/WF/SWF purposes at 609-633-6400 if you is $36,200. are unsure of your New The 2021 Taxable Wage Base for DI and FLI purposes Jersey Taxpayer is $138,200. Identification Number. Disability Insurance Private Plan Number (DI P. P. Number) To be entered only by employers who have an approved contributory Private Disability Plan. Call 609-292-2720 if you are unsure of your Private Plan Number. 28 NJ-WT September 2022 |
Enlarge image | 2021 W-2 SAMPLE: ACCEPTABLE ALTERNATE How to Report Worker Contributions for Unemployment Insurance, Workforce Development Partnership Fund/Supplemental Workforce Fund, State Disability Insurance, Family Leave Insurance, Employee Withholding for New Jersey Gross Income Tax a. Employee’s Social Security number b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social Security wages 4 Social Security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social Security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits e Employee’s first name and initial Last name Suff. 11 Nonqualified plans 12a See instructions for box 12 13. Statutory Retirement Third-party 12bC employee plan sick pay DO E 14. Other 12c C O ED 12b C O D f. Employee’s address and ZIP code E 15 State Employer’s State ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name NJ 234-567-890/000 36,200.00 525.00 153.85 UI/WF/SWF 649.54 DI DI P.P. # XXXXXXXXXX FLI P.P. # XXXXXXXXXXX 386.96 FLI Department of Treasury - Internal Revenue Service Wage and Tax W-2 Statement 2021 Disability Insurance New Jersey Taxpayer Family Leave Insurance Worker Contributions Private Plan Number Identification Number Private Plan Number (DI P. P. Number) (FLI P.P.#) Unemployment Insurance, To be entered only by Call the New Jersey To be entered only by Workforce Development employers who have an Division of Taxation’s employers who have an Partnership Fund/Supplemental approved contributory Customer Service Center approved contributory Workforce Fund. Private Disability Plan. at 609-292-6400 or the Private Family Leave Call 609-292-2720 if New Jersey Department Insurance Plan. Call State Disability Insurance you are unsure of your of Labor and Workforce 609-292-2720 if you are Private Plan Number. Development at 609-633- unsure of your Private Family Leave Insurance 6400 if you are unsure of Plan Number. Please Note: your New Jersey Taxpayer Identification The 2021 Taxable Wage Base Number. for UI/WF/SWF purposes is $36,200. The 2021 Taxable Wage Base for DI and FLI purposes is $138,200. 29 NJ-WT September 2022 |
Enlarge image | 2021 W-2 SAMPLE: ACCEPTABLE ALTERNATIVE How to Report Worker Contributions for Unemployment Insurance, Workforce Development Partnership Fund/Supplemental Workforce Fund, State Disability Insurance, Family Leave Insurance, Employee Withholding for New Jersey Gross Income Tax a. Employee’s Social Security number b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social Security wages 4 Social Security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social Security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits e Employee’s first name and initial Last name Suff. 11 Nonqualified plans 12a See instructions for box 12 13. Statutory Retirement Third-party 12b employee plan sick pay OC ED 14. Other 12cC UI/WF/SWF - O D 153.85 E 12b DI –649.54 C O f. Employee’s address and ZIP code FLI –386.96 D E 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name NJ 234-567-890/000 36,200.00 525.00 XXXXXXXXXXX DI P.P. # XXXXXXXXXXX FLI P.P. # Department of Treasury - Internal Revenue Service Wage and Tax W-2 Statement 2021 New Jersey Taxpayer Worker Contributions Disability Insurance Private Plan Identification Number Number Call the New Jersey Division of Unemployment Insurance, (DI P. P. Number) Taxation’s Customer Service Workforce Development Center at 609-292-6400 or the Partnership Fund/Supplemental To be entered only by employers New Jersey Department of Workforce Fund. who have an approved contributory Labor and Workforce Private Disability Plan. Development at 609-633-6400 State Disability Insurance Call 609-292-2720 if you are unsure if you are unsure of your New of your Private Plan Number. Jersey Taxpayer Identification Family Leave Insurance Number. Family Leave Insurance Private Please Note: Plan Number (FLI P.P.#) The 2021 Taxable Wage Base for To be entered only by employers UI/WF/SWF purposes is $36,200. who have an approved contributory Private Family Leave Insurance The 2021 Taxable Wage Base for Plan. Call 609-292-2720 if you are DI and FLI purposes is $138,200. unsure of your Private Plan Number. 30 NJ-WT September 2022 |
Enlarge image | Contact Information NJ Division of Taxation Division of Taxation Customer Service Center: (609) 984-1721; or Request to visit a Regional Information Center. NJ Division of Revenue For employer registration questions, contact (609) 292-9292. NJ Department of Labor and Workforce Development New Jersey Department of Labor and Workforce Development, Division of Employer Accounts Hotline: (609) 633-6400. Family Leave Insurance information: (609) 292-2720. Worker Classification Information: (609) 292-2321. 31 NJ-WT September 2022 |