Enlarge image | 2023 CBT-100S General Instructions for New Jersey S Corporation Business Tax Return and Related Forms Electronic Filing Mandate Corporations Required to File All taxpayers and tax preparers must file Corporation Business A corporation that has elected and qualifies to be an S corpora- Tax returns and make payments electronically. This mandate in- tion pursuant to Section 1361 of the Internal Revenue Code is cludes all returns, estimated payments, extensions, and vouch- required to file Form CBT-100S unless the shareholders elect ers. Visit the Division’s website or check with your software to be treated as a C corporation for New Jersey purposes. See provider to see if they support any or all of these filings. Hybrid Corporations. To file and pay the annual report electronically, visit the Division Nexus. For privilege periods ending on and after July of Revenue and Enterprise Services’ website. 31, 2023, corporations will be deemed to have bright- line economic nexus if during the corporation’s tax year: Before You Begin • The receipts derived from New Jersey sources are more than Read all instructions carefully before completing returns. $100,000, or Include a complete copy of the federal Form 1120-S and • 200 or more separate transactions are delivered to customers all related forms and schedules. See Technical Bulletin, in New Jersey. TB-98(R), Federal Return and the Forms and Schedules to In- clude with the Corporation Business Tax Return. Corporations that do not meet either threshold above, and do not create nexus in another way, do not have nexus even if they For privilege periods beginning on or after December 22, 2022, have New Jersey receipts. Information on nexus is available in a federal S corporation (or QSSS) can file as a New Jersey S TB-108, Nexus for Corporation Business Tax for Privilege Peri- corporation (or QSSS) even if they did not previously make the ods Ending on and after July 31, 2023. New Jersey election. They must submit the Shareholder Juris- dictional Consent and proof of their federal S corporation status. Corporations Claiming P.L. 86-272. See instructions for Schedule SJC for more information. Foreign corporations that meet the filing requirements and whose income is immune from tax pursuant to Public Law 86- Personal Liability of Officers and Directors 272, must obtain and complete Schedule N, Nexus – Immune Any officer or director of any corporation who shall distribute or Activity Declaration, and all of the schedules from the CBT-100S. cause to be distributed any assets in dissolution or liquidation In addition, taxpayers must include a copy of the Nexus Ques- to the stockholders without having first paid all corporation fran- tionnaire and remit the minimum tax with the CBT-100S. chise taxes, fees, penalties and interest imposed on said corpo- ration, in accordance with N.J.S.A. 14A:6-12, N.J.S.A. 54:50-18 Note: Check the box on page 1 to indicate the corporation is and other applicable provisions of law, shall be personally liable claiming P.L. 86-272. for said unpaid taxes, fees, penalties, and interest. Compliance Qualified Subchapter S Subsidiaries. A Qualified Subchapter with N.J.S.A. 54:50-13 is also required in the case of certain S Subsidiary (QSSS) is required to file Form CBT-100S annu- mergers, consolidations, and dissolutions. ally, including only page 1 reflecting zero income, the Annual General Questionnaire, and when applicable Schedule SJC Distortion of Net Income and Schedule PC, and remit the minimum tax. The QSSS must The Director is authorized to adjust and redetermine items of check the box on page one indicating it is a Qualified Subchap- gross receipts and expenses as may be necessary to make a ter S Subsidiary and include the parent ID number. The parent is fair and reasonable determination of tax payable under the Cor- obligated to report all assets, liabilities, income, and expenses of poration Business Tax Act. For details regarding the conditions the QSSS on a consolidated basis on its CBT-100S, CBT-100, under which this authority may be exercised, see regulation or CBT-100U return. See also, Hybrid Corporations. N.J.A.C. 18:7-5.10. Hybrid Corporations. A federal S corporation or Qualified Sub- Accounting Method chapter S Subsidiary that elects to file as a C corporation for The return must be completed using the same method of ac- New Jersey purposes is a hybrid corporation. For information counting, cash, accrual or other basis, that was employed in the on filing requirements, see TB-105, Corporation Business Tax taxpayer’s federal income tax return. and Gross Income Tax Guidance regarding S Corporations and Qualified Subchapter S Subsidiaries. Riders Foreign Corporations That Own New Jersey Partnerships. A If space is insufficient, include riders in the same form as the foreign corporation that owns a New Jersey partnership must file original printed sheets. The riders must be numbered and clearly Form CBT-100S to claim the tax paid on their behalf by the part- list the schedule(s) and line(s) of each corresponding rider item. nership. The foreign corporation cannot transfer the tax paid by the partnership on its behalf to any of its shareholders. Federal/State Tax Agreement The New Jersey Division of Taxation and the Internal Revenue Out-of-Business Corporations. Corporations that are “out of Service participate in a federal/State program for the mutual ex- business” but have not dissolved or withdrawn their authority to change of tax information to verify the accuracy and consistency do business in New Jersey, are still obligated to file a return. A of information reported on federal and New Jersey tax returns. dissolution or withdrawal date must be established on or before - 1 - |
Enlarge image | the last day of the current taxable period in order to avoid having the combined return. The member will not complete a separate to file a return for the next tax year. return. New Corporations. Every New Jersey corporation acquires a Visit the Division’s website for information about combined taxable status beginning 1) on the date of its incorporation, or reporting. 2) on the first day of the month following its incorporation if so stated in its certificate of incorporation. Every corporation that Note: A taxpayer that has nexus with New Jersey that is part of incorporates, qualifies, or otherwise acquires a taxable status a combined group or affiliated group, but excluded from in New Jersey must file a Corporation Business Tax return. A the New Jersey combined return must file a separate tax return must be filed for each fiscal period, or part thereof, return. beginning on the date the corporation acquired a taxable sta- Former Member of Combined Group. A taxpayer that was tus in New Jersey regardless of whether it had any assets or a member of a combined group filing a New Jersey combined conducted any business activities. No return can cover a period return for part of the group privilege period and subsequently exceeding 12 months, even by a day. departs the combined group to file on a separate entity basis, Financial Business Corporations. Corporations that must report the income for months subsequent to departing the qualify as financial businesses, those that derive 75% combined group on a separate return (Form CBT-100S) unless of their gross income from the financial activities enu- the taxpayer joined a second combined group that files a New merated at N.J.A.C. 18:7-1.16(a)1 through (a)7, must file the Jersey combined return. The taxpayer filing a separate return New Jersey Corporation Business Tax Return, Form CBT-100 or would not report the income on Form CBT-100S for the months the Corporation Business Tax Unitary Return, Form CBT-100U. during which the member was part of the combined group. If de- termining what amount of income is attributable to the portions Professional Corporations. Corporations formed under of the twelve-month period are for the periods before and after N.J.S.A. 14A:17-1 et seq. or any similar laws of a possession departing a combined group, the taxpayer must prorate their in- or territory of the U.S., a state, or political subdivision thereof, come/losses and receipts. must complete Schedule PC. Examples of licensed profession- als include certified public accountants, architects, optometrists, professional engineers, land surveyors, land planners, chiroprac- When to File tors, physical therapists, registered professional nurses, dentists, 2023 Accounting Periods and Due Dates osteopaths, physicians and surgeons, doctors of medicine, doc- tors of dentistry, podiatrists, veterinarians, and attorneys. The 2023 S Corporation Business Tax return should only be used for accounting periods ending on and after July 31, 2023, Inactive Corporations. Inactive corporations that, during the through June 30, 2024. period covered by the return, did not conduct any business, did not have any income, receipts or expenses, did not own any New Jersey Corporation Business Tax returns and payments, assets, did not make any distributions, and did not have any except estimated payments, are due the 15th day of the month change in ownership, must complete the Certificate of Inactivity following the month the federal corporate income tax return is section on page 1. Payment for the related minimum tax liability originally due. If the due date falls on a weekend or a legal hol- and the installment payment (if applicable) must be submitted iday, the return and payment are due on the following business electronically. See the Page 1 section for more information. day. Use the following schedule for 2023 CBT-100S forms and payments: Combined Reporting If accounting July 31, Aug. 31, Sept. 30, Oct. 31, Nov. 30, Dec. 31, New Jersey enacted mandatory combined reporting for unitary period ends on: 2023 2023 2023 2023 2023 2023 businesses for tax years ending on and after July 31, 2019. Due date for Nov. 15, Dec. 15, Jan. 15, Feb. 15, Mar. 15, Apr 15, Groups of companies that have common ownership and are en- filing is: 2023 2023 2024 2024 2024 2024 If accounting Jan. 31, Feb. 28, Mar. 31, Apr. 30, May 31, June 30, gaged in a unitary business, where at least one member of the period ends on: 2024 2024 2024 2024 2024 2024 group is subject to the New Jersey Corporation Business Tax, Due date for May 15, June 15, July. 15, Aug. 15, Sept. 15, Oct. 15, are required to calculate their tax liability on a combined basis on filing is: 2024 2024 2024 2024 2024 2024 Form CBT-100U, Corporation Business Tax Unitary Return. Calendar or fiscal accounting year is the same accounting pe- A New Jersey S corporation is not included as a member of a riod upon which the taxpayer is required to report to the United combined group unless the New Jersey S corporation affirma- States Treasury Department for federal income tax purposes. tively elects to be included as a member of the combined group Please note the ending month of the accounting period for on the CBT-100U. federal returns and New Jersey returns must match, however, the tax return year for the federal and State returns may differ. Note: The law change did not impact the treatment of parent (i.e., a tax year ending 8/31/23 may be filed on a 2022 federal New Jersey S corporations and New Jersey qualified sub- 1120-S; the same tax year must be filed on a 2023 New Jersey chapter S subsidiaries. The parent of New Jersey quali- CBT-100S.) All accounting periods must end on the last day of fied subchapter S subsidiary(ies) must include the figures the month, even if the taxpayer uses the same 52-53 week ac- from itself and all the New Jersey QSSSs. counting year that is used for federal income tax purposes, see N.J.A.C. 18:7-2.3. The Division is aware that taxpayers cannot A member of a combined group filing a New Jersey combined properly input dates for 52-53 week accounting years. In this return does not have to file a separate return for the privilege case, taxpayers must enter the last day of the month. Attach a period or portion of the privilege period thereof that the taxpayer rider showing the correct accounting period. Returns for prior tax was included as a member of the combined return. A combined years are available on the Division’s website. group member with business operations that are independent of the unitary business activity of the combined group must re- port such income on Schedule X. Schedule X is submitted with - 2 - |
Enlarge image | Extension of Time to File Late Filing Penalty. 5% per month or part of a month on the The Tentative Return and Application for Extension of Time to amount of underpayment not to exceed 25% of that underpay- File, Form CBT-200-T, must be filed and paid electronically. ment, except if no return has been filed within 30 days of the You can also check with your software provider to see if the date on which the first notice of delinquency in filing the return software you use supports filing of extensions. If an extension is was sent, the penalty will accrue at 5% per month or part of a requested, the corporation should notify all shareholders of such month of the total tax liability not to exceed 25% of such tax lia- request. bility. Also, a penalty of $100 for each month the return is delin- quent may be imposed. Corporations will automatically receive a six-month extension only if they have paid at least 90% of the tax liability and timely Late Payment Penalty. 5% of the balance of tax due paid after filed Form CBT-200-T. the due date for filing the return may be imposed. An extension of time is granted only to file your New Jersey Cor- Interest. The annual interest rate is 3% above the average pre- poration Business Tax return. There is no extension of time to dominant prime rate on outstanding balances for every month pay the tax due. The Division will notify you only if we deny your or part of a month the tax is unpaid, compounded annually. At extension request, but not until after you actually file your return. the end of each calendar year, any tax, penalties, and interest Penalties and interest are imposed whenever tax is paid after remaining due will become part of the balance on which interest the original due date. will be charged. The interest rates assessed by the Division of Taxation are published online. Note: An extension payment must include any applicable pro- fessional corporation (PC) fees and/or installment pay- Note: The average predominant prime rate is the rate as deter- ments. See the online application for more information. mined by the Board of Governors of the Federal Reserve System, quoted by commercial banks to large businesses on December 1st of the calendar year immediately pre- ceding the calendar year in which payment was due or as Payment of Tax redetermined by the Director in accordance with N.J.S.A. The balance of tax due must be paid in full by the original due 54:48-2. date of the return. In addition, corporations are required to make installment pay- Collection Fees. In addition, if the tax bill is sent to our col- lection agency, a referral cost recovery fee of 11% of any tax, ments of estimated tax. The requirement for making these pay- penalties, and interest due will be added to the liability in accor- ments is based on the amount of the total tax liability shown on dance with N.J.S.A. 54:49-12.3. If a certificate of debt is issued the most recent return. for the outstanding liability, a fee for the cost of collection of the P.L. 2023, c.96 increased the installment payment tax may also be imposed. safe harbor in N.J.S.A. 54:10A-15.2 from $375 to $1,500. See page 1, line 7 instructions for more Underpayment of Estimated Tax. To calculate the amount of interest for the underpayment of estimated tax, complete either information. Form CBT-160-A or Form CBT-160-B. If the taxpayer qualifies for any of the exceptions to the imposition of interest for any of How to Pay the installment payments, Part II must be completed and submit- To make payments electronically, go to the Division of Taxation’s ted with the return as evidence of such exception. website. Taxpayers that do not have access to the internet may call the Division’s Customer Service Center at (609) 292-6400. Civil Fraud. If any part of an assessment is due to civil fraud, there shall be added to the tax an amount equal to 50% of the Taxpayers with a prior year liability of $10,000 or more in any assessment in accordance with N.J.S.A. 54:49-9.1. tax are required to make their payments for all taxes by Elec- tronic Funds Transfer (EFT). For information or to enroll in the Transacting Business Without a Certificate of Authority. In program, visit the Division of Revenue and Enterprise Services’ addition to any other liabilities imposed by law, a foreign corpo- website, call (609) 292-9292, fax (609) 984-6681, or write to NJ ration that transacts business in this State without a certificate of Division of Revenue and Enterprise Services, EFT Section, PO authority shall forfeit to the State a penalty of not less than $200, Box 191, Trenton, NJ 08646-0191. nor more than $1,000 for each calendar year, not more than 5 years prior thereto, in which it shall have transacted business in Note: Taxpayers who are required to remit payments by EFT this State without a certificate of authority. N.J.S.A. 14A:13-11(3). can satisfy the EFT requirement by making e-check or credit card payments. Amended Returns Beginning with returns for Tax Year 2019 and after, taxpayers Penalties and Interest must submit amended returns electronically. Insufficiency Penalty. If the amount paid with the Tentative Re- turn, Form CBT-200-T, is less than 90% of the tax liability com- Final Determination of Net Income by Federal Government. puted on Form CBT-100S, or in the case of a taxpayer whose Any change or correction made by the Internal Revenue Ser- preceding return covered a full 12-month period, is less than the vice must be reported to the Division within 90 days. Amended amount of the tax computed at the rates applicable to the current NJ-K-1s must be provided to the appropriate shareholders. accounting year but on the basis of the facts shown and the law applicable to the preceding accounting year, the taxpayer may be liable for a penalty of 5% per month or part of a month not to exceed 25% of the amount of underpayment from the original due date to the date of actual payment. - 3 - |
Enlarge image | For taxpayers with total entire net income that is not subject to Page 1 Line-by-Line Instructions federal income taxation or such portion that is allocable to New Enter the federal employer identification number, New Jersey Jersey, there is no tax imposed. However, minimum tax require- corporation number, corporation name and complete address ments apply. and ZIP Code in the space provided on the return. Line 2b – Total Minimum Tax Check the appropriate box to indicate whether this is the initial Enter the total minimum tax. Schedule A-GR has been return or an amended return. discontinued. All taxpayers must complete Sched- If filing an amended return, enter the applicable code in the ule J. boxes provided. If using code 10, “Other,” enter the reason in the The minimum tax is assessed based on the New Jersey gross lines provided. If more space is needed, include a rider. receipts from Schedule J, line 6 as follows: 1. Change in allocation factor New Jersey Gross Receipts Minimum Tax 2. IRS audit Less than $100,000 $375 3. Amended federal 1120-S filed $100,000 or more but less than $250,000 $562 4. To take credit for payments/payments made by a $250,000 or more but less than $500,000 $750 partnership $500,000 or more but less than $1,000,000 $1,125 5. Adjustments to ENI $1,000,000 or more $1,500 6. To change credit request to refund request or refund request to credit request If a taxpayer is filing a separate return and is a member of an 7. Change in filing period affiliated or controlled group (as per I.R.C. § 1504 or § 1563) 8. Change in tax credits reported that has a total payroll of $5,000,000 or more for the tax year, 9. Adding or subtracting a combined return member the minimum tax is $2,000 regardless of the amount of the tax- 10. Other payer’s New Jersey gross receipts. Tax years of less than 12 months are subject to the higher minimum tax if the prorated Note: Taxpayers cannot file an amended return to change the total payroll exceeds $416,667 per month. Total payroll refers to entity type from an S corporation to a C corporation, or the total payroll of the affiliated group rather than total New Jer- from a C corporation to an S corporation. sey payroll of a single corporation. Taxpayers that are members of an affiliated or controlled group must submit a schedule of Provide the remaining information requested on the top portion payroll per member and a copy of the taxpayer’s federal affilia- of the return. The federal business activity code should be taken tions schedule, Form 851, with the return. from the taxpayer’s federal tax return. Provide the location of the corporate books as well as a contact person and phone num- The minimum tax cannot be prorated. In general, zero (0) ber. If the corporation is a professional corporation, is claiming returns are not permitted. P.L. 86-272, or is a qualified subchapter S subsidiary, check the box and enter parent ID number. See Corporations Required to Line 3 – Tax Credits File on page 1 for required forms and schedules. Enter amount from Schedule A-3, Part I, line 30. Include the ap- plicable credit form(s) with the return. See Schedule A-3 instruc- All corporations must complete page 1, the Annual General tions for more information. Questionnaire, Schedules A, A-2, A-3, A-4, J, and SJC (if it has not been previously provided) of the return. Line 4 – Tax Liability Subtract line 3 from the greater of line 2a or 2b. Line 1 – Taxable Net Income Subject to Federal Corporate Income Taxation Note: The surtax does not apply to New Jersey S corporations. Enter amount from Schedule A, Part II, line 5. If zero or less, Line 5 – Installment Payment enter zero. Taxpayers are required to make installment payments of esti- Line 2a – Amount of Tax mated tax. The requirement for making these payments is based Multiply line 1 by the applicable tax rate: on the amount of the total tax liability shown on the most recent return. • If the total of Schedule A, Part II, line 5 plus Schedule O, Part III, line 31 (if applicable) is greater than $100,000, the For tax years ending on and after July 31, 2023, the tax rate is 9% (.09). threshold for making installment payments is $1,500. • If the total of Schedule A, Part II, line 5 plus Schedule O, • If the 2023 total tax liability is greater than $1,500, the tax- Part III, line 31 (if applicable) is greater than $50,000 and payer must make installment payments towards 2024. These less than or equal to $100,000, the tax rate is 7.5% (.075). payments are to be made electronically on Form CBT-150 Tax periods of less than 12 months qualify for the 7.5% rate and are due on or before the 15th day of the 4th, 6th, 9th, and if the prorated total of Schedule A, Part II, line 5 plus Sched- 12th months of the tax year. Taxpayers with gross receipts ule O, Part III, line 31 does not exceed $8,333 per month. greater than or equal to $50,000,000 must make installment payments on the 15th day of the 4th, 6th, and 12th months of • If the total of Schedule A, Part II, line 5 plus Schedule O, the tax year. Information on making these payments can be Part III, line 31 (if applicable) is $50,000 or less, the tax found on the Division’s website. rate is 6.5% (.065). Tax periods of less than 12 months qualify for the 6.5% rate if the prorated total of Schedule A, Part II, • If the 2023 total tax liability is $1,500, installment payments line 5 plus Schedule O, Part III, line 31 does not exceed may be made as indicated above OR in lieu of making install- $4,166 per month. ment payments, the taxpayer may make a payment of 50% of the 2023 total tax liability. For taxpayers who qualify and want to take advantage of this option, enter on line 5, 50% of - 4 - |
Enlarge image | the amount on line 4. This will become part of the payment to Line 11b – Pass-Through Business Alternative Income Tax be made with the 2023 return and installment payments will Credit Applied to Gross Income Tax Paid on Behalf of Non- not be required. This payment should be claimed as a credit consenting Shareholders when filing the 2024 return. Enter the amount from Form 329. Do not enter more than the amount on line 11a. Include Form 329 with the return. See Form Line 6 – Professional Corporation Fees 329 instructions for more information. Enter amount from Schedule PC, Part II, line 7. Line 11c – Balance of Tax Paid on Behalf of Nonconsenting Note: Check the box on page 1 to indicate the corporation is a Shareholders professional corporation. Subtract line 11b from line 11a and enter the result. See Schedule PC instructions for information about filing re- Line 12 – Penalty and Interest Due quirements and examples of professional corporations. Include any penalties and interest. See the Penalties and Inter- est section for information. Line 7 – Total Tax and Professional Corporation Fees Enter the total of lines 4, 5, and 6. Amount Due or Overpayment - Lines 13–17 Compare line 8d to the total of lines 7, 11c, and 12. Line 8a – Payments and Credits Include on this line: • If line 8d is less than the total of lines 7, 11c, and 12, com- plete line 13. • Installment tax payments made for 2023; • If line 8d is more than the total of lines 7, 11c, and 12, com- • Amounts paid with tentative return (form CBT-200-T); plete lines 14 through 17. • Any overpayment from the preceding tax return that the tax- payer elected to have credited to the current year’s tax. Do Line 13 – Total Balance Due not include any amount of the overpayment that the taxpayer Enter the total of lines 9, 11c, and 12. elected to have refunded. Line 14 – Amount Overpaid Note: Professional corporation installment payments from the Subtract the total of lines 7, 11c, and 12 from the amount on prior year may not be used to offset any current year tax line 8d. liability and are not eligible for refund. Line 15 – Refund Line 8b – Payments Made by Partnerships Enter the amount of your overpayment that you want refunded. Include the total payments made by partnerships on behalf of the taxpayer that are reported in column 7 on Schedule P-1. Line 16 – Credit to 2024 Submit copies of the NJK-1s or K-1s (as applicable) reflecting Enter the amount of your overpayment that you want to credit to payments made by each partnership entity. your 2024 tax liability. Line 8c – Refundable Tax Credits Line 17 – Credit to a Combined Group Enter the amount from Schedule A-3, Part II, line 6. Include the Enter the amount of your overpayment that you want to credit to applicable credit form(s) with the return. See Schedule A-3 in- a combined group. Also include the unitary ID Number and tax structions for more information. return year to which it is to be applied. Line 9 – Balance of Tax Due Note: An overpayment of tax by a New Jersey S corporation If line 8d is less than line 7, subtract line 8d from line 7 and enter can only be credited to a combined group in which the the difference. If line 8d is more than line 7, skip line 9 and con- New Jersey S corporation elects to be included. Other- tinue with line 10. wise, an overpayment of tax by a New Jersey S corpo- ration will not be credited to any combined group. For Line 10 – Pro Rata Share of S Corp Income for Nonconsent- information on federal S corporations filing as New Jersey ing Shareholders C corporations, see TB-105 and Answers to Frequently Enter the amount from Schedule K, Part VII, line 6, column C. If Asked Questions on the New Jersey S Corporation Pro- the S corporation was completely liquidated during the tax year cedural Changes. and Schedule K Liquidated was completed, add the amounts from Part VII, line 6 columns C and E and enter the total. Certification of Inactivity Inactive corporations must complete page 1, the Annual General Line 11a – Gross Income Tax Paid on Behalf of Nonconsent- Questionnaire, Schedules A, A-2, A-3, A-4, J, and SJC (if not ing Shareholders previously submitted) of the CBT-100S. A corporate officer must Enter the amount from Schedule K, Part VII, line 6, column F. If sign and certify that the corporation did not conduct any busi- the S corporation was completely liquidated during the tax year ness, did not have any income, receipts, or expenses, and did and Schedule K Liquidated was completed, enter the amount not own any assets during the entire period covered by the tax from Part VII, line 6, column H. The tax rate on net pro rata return. share of S corporation income allocated to New Jersey for non- consenting shareholders is 10.75% (.1075). Signature Note: The S corporation cannot make payments on behalf of Each return must be signed by an officer of the corporation who consenting shareholders. Any payments made on behalf is authorized to attest to the truth of the statements contained of consenting shareholders will be disallowed by the Di- therein and to acknowledge that they understand they are re- vision. The S corporation will be required to file a refund quired to include copies of their federal return(s), forms, and claim for any payments made on behalf of consenting schedules. The fact that an individual’s name is signed on the shareholders. return shall be prima facie evidence that such individual is au- thorized to sign the return on behalf of the corporation. - 5 - |
Enlarge image | Tax preparers who fail to sign the return or provide their as- If the corporation has not filed a separate federal income tax signed tax identification number shall be liable for a $25 penalty return, the taxpayer must explain and reconcile the differences for each such failure. If the tax preparer is not self-employed, on a rider. the name of the tax preparer’s employer and the employer’s tax identification number should also be provided. In the case of a Lines 22a to 30 – Include all items of income and expense that corporation in liquidation or in the hands of a receiver or trustee, pass through to the individual shareholders as reported on the certification shall be made by the person responsible for the con- federal Schedule K. Be sure to report Part I, lines 26, 27, and 28 duct of the affairs of such corporation. as deductions. Charitable contributions are limited to 10% of taxable income for New Jersey purposes and should be stated separately on Annual General Questionnaire line 30. All taxpayers must answer all questions on this schedule. If nec- essary, include a rider detailing the information requested in the Built-in gains must be reported on Part I, line 23d as a gross questions. amount exclusive of any net effects of taxes paid by the corporation. Schedule A Line 31 – The amount on line 31 must reflect entire net income in the same manner and to the same extent as reported for fed- Computation of Taxable Net Income eral purposes Every taxpayer must complete this schedule. Line 33 – Interest on federal, state, municipal, and other Taxpayers must include a copy of the federal obligations return and any forms or schedules that accompa- Include any interest income that was not taxable for federal in- nied the return that was filed with the Internal Rev- come tax purposes and was not included in taxable net income enue Service. Failure to include the forms and reported on Part I, line 31. schedules will result in an incomplete New Jersey Corpora- tion Business Tax return and the taxpayer may be assessed Line 34 – New Jersey State and other states taxes penalties and interest for noncompliance. See Technical Bul- Enter the total taxes paid or accrued to the United States, a letin, TB-98, Federal Return and the Forms and Schedules to possession or territory of the United States, a state, a political Include with the Corporation Business Tax Return. subdivision thereof, or the District of Columbia, or to any foreign country, state, province, territory or subdivisions thereof, on or measured by profits or income, business presence or business Part I activity, or any sales and use tax paid by a utility vendor, taken Cannabis Licensees. The income of a taxpayer, that as a deduction on Schedule A and reflected on Part I, line 31. is registered as a cannabis licensee with New Jersey, For additional information, see Technical Bulletin TB-80, Add- shall be determined without regard to 26 U.S.C. back of Other States’ Taxes, and the Schedule H instructions. s.280E. However, Schedule A, Part I must be completed using the amounts that were reported for federal purposes. The tax- Line 35 – Taxes paid by the corporation on behalf of the payer will calculate the expenditures that would have been eligi- shareholder ble to be claimed as a federal income tax deduction (but that Any tax paid by the corporation on behalf of any shareholder were disallowed for federal purposes because cannabis is a should not have been deducted as an expense on Schedule A. controlled substance under federal law) and include those However, if the corporation expensed such taxes on Schedule A, amounts in New Jersey modifications to entire net income in these taxes must be included in Part I, line 34. Part II. The taxpayer must attach a rider detailing the math and Line 36a – Depreciation modification being added to income the deductions being claimed. Enter the depreciation and other adjustments being added to income from Schedule S. See Schedule S instructions for more Line 4 – Net gain (loss) from Form 4797 Include a rider or schedules showing the same information information. shown on federal Form 4797. Gains and losses resulting from Line 36b – Depreciation modification being subtracted from the disposition of property where an I.R.C. § 179 expense de- income duction was passed through to S corporation shareholders are Enter the depreciation and other adjustments being subtracted not reported on federal Form 4797, and should be reported on from income if Schedule S, line 15 is a negative number. Enter Schedule A, Part I, line 26. If a sale of shares of stock or partner- the amount as a positive number. Schedule S instructions for ship interest resulted in a taxable transfer of a controlling interest more information. in certain commercial real property under N.J.S.A. 54:15C-1, indicate on a rider. Line 37 – Dividend Exclusion Enter the amount from Schedule R, line 9. Line 13 – Interest Include a copy of federal Form 8916A and/or federal Form 8990 Line 38a – I.R.C. § 78 Gross-up if completed. The portion of any I.R.C. § 78 gross-up included in dividend income on Part I, line 23b that is not excluded/deducted from Line 21 – Ordinary Income From Trade or Business entire net income on Part I, line 43 may be deducted on this line. Activities Include a copy of federal foreign tax credit, Form 1118. The amount on line 21 must agree with line 22, page 1, of the taxpayer’s federal Form 1120-S. Line 38b – Other deductions and additions This includes, but is not limited to: - 6 - |
Enlarge image | • Adjustments for which a place has not been provided some- Note: A net operating loss for a tax year may be carried forward where else on the return; as a net operating loss deduction to a succeeding year. An S corporation may carry forward losses generated as • Gross income, less deductions and expenses in connection a C corporation. A net operating loss is the excess of al- with that income, from sources outside the United States not lowable deductions over gross income used in computing included in federal taxable income; entire net income. A net operating loss deduction is not • The net effect of the elimination of nonoperational and non- an allowable deduction in computing a net operating loss. unitary partnership income and expenses from Schedule O, Post-allocation net operating losses expire 20 privilege Part I, line 36; periods after the loss was originally generated. Informa- tion on the net operating losses must be detailed on Form • The add back of any deductions for research and experimen- 500S. tal expenditures, to the extent that those research and experi- mental expenditures are qualified research expenses or basic Information on NOL deductions is available online. research payments for which an amount of credit is claimed See TB-94 for tax years ending on and after July pursuant to section 1 of P.L.1993, c.175 (C.54:10A-5.24) 31, 2019. unless those research and experimental expenditures are also used to compute a federal credit claimed pursuant to I.R.C. § 41. Line 42 – Deduction for current converted net operation • A New Jersey cannabis licensee is allowed to deduct their losses expenditures that would be eligible to be claimed as a fed- Enter the amount of current converted net operating losses from eral income tax deduction but were disallowed for federal Form 500S. purposes because cannabis is a controlled substance under Line 43 – Allocated Entire Net Income federal law. Attach a rider detailing the calculations and the Subtract line 42 from line 41 and enter the result. deductions claimed. • A New Jersey cannabis licensee is allowed to deduct their Part II expenditures that would qualify as qualified research expen- Line 1 – Entire net income that is subject to federal corpo- ditures pursuant to section 174 of the Internal Revenue Code, rate income taxation but were disallowed for federal purposes because cannabis is Line 1 must reflect the income used as a basis in determining a controlled substance under federal law. Additionally any ex- the federal tax payable by the corporation as reported on fed- penditure that is claimed as a deduction may also be claimed eral Form 1120-S, such as certain built-in gains, net passive as a qualified research expense for purposes of the New income, etc. Built-in gains must be reported on line 23d as a Jersey Research and Development Tax Credit on Form 306. gross amount exclusive of any net effects of taxes paid by the Attach a rider detailing the calculations. corporation. • Deduction for energy efficient commercial buildings. Include a Line 2 – Allocation Factor copy of federal Form 7205. Enter the allocation factor from Schedule J. Include separate riders explaining any items reported. Line 3 – Allocated Entire Net Income before net operating Line 38c – Other federally exempt income loss deductions For tax years beginning on and after January 1, 2018, all income Multiply line 1 by line 2. that was exempt for federal income tax purposes under any pro- Line 4 – Deduction for Available Converted Net Operation vision of the Internal Revenue Code or any federal law must be Losses added back. If such amounts were not added back on any other A taxpayer may use their New Jersey net operating loss deduc- line of Schedule A, include such amounts onPart I, line 38c and tions against their allocated entire net income that is subject to include a rider detailing the amounts and the provisions of the federal corporate income taxation. Enter the amount of net oper- Internal Revenue Code. ating loss deduction from Form 500S. Note: Items of income excluded from federal taxable net income Line 5 – Taxable Net Income subject to federal corporate pursuant to the specific terms of a treaty do not have to income taxation be added back to entire net income. Subtract line 4 from line 3 and also enter the result on page 1, Line 39 – Entire net income/(loss) for New Jersey purposes line 1. Enter the net of lines 32 through 38c. Note: The amount reported on Schedule A, line 36b must be Schedule A-2 subtracted when netting lines 32 through 38c. Cost of Goods Sold Line 40 – Allocation Factor from Schedule J The amounts reported on this schedule must be the same as All taxpayers must complete Schedule J. Enter allocation fac- the amounts reported on the taxpayer’s federal Form 1125-A of tor from Schedule J. See Schedule J instructions for more the federal pro forma or federal return, whichever is applicable. information. Include Form 1125-A with the return. Line 41 – Allocated entire net income/(loss) before net oper- ating loss deductions Schedule A-3 Multiply line 39 by line 40 and enter the result. If zero or less, Summary of Tax Credits also enter zero on line 43. This schedule must be completed if any tax credits are being claimed for the current tax period. Any tax credit(s) claimed on - 7 - |
Enlarge image | this schedule must be documented with a valid New Jersey Cor- poration Business Tax credit form and must be included with the Schedule G tax return. See page 15 for a list of available credit forms and for Schedule G has been discontinued. instructions on obtaining them. If the taxpayer is claiming a valid tax credit that is allowable in accordance with the New Jersey Corporation Business Tax Act for which a place has not been Schedule H provided somewhere else on the schedule, report the amount on Taxes the “Other” line in the appropriate section of Schedule A-3. Itemize all taxes that were in any way deducted in arriving at tax- able net income, whether reflected in Schedule A, Part I at line 2 Taxpayers must include the appropriate credit (Cost of goods sold and/or operations), line 12 (Taxes), line 19 form in the year the credit was earned even if they (Other deductions) or anywhere else on Schedule A. are not claiming the credit on their tax return. Schedule J Part I – Tax Credits Used Against Liability The total on line 30 must equal the amount reported on page 1, Computation of Allocation Factor line 3. Amounts to be entered are calculated on the credit forms. All taxpayers must complete this schedule. See the specific New Jersey Corporation Business Tax credit form for information about each credit. Only activities related to operational activity are to be used in computing the general allocation factors. If the taxpayer has Note: Most tax credits cannot reduce the tax liability below the nonoperational activity, see Schedule O. If the taxpayer has non- minimum tax. However, there are rare instances where it unitary partnership income, see Schedule P-1. can. Follow the instructions on the credit form regarding how and where to record the information to ensure the Lines 1–5 – Receipts Fraction credit is properly offsetting the tax liability. Receipts from sales of tangible personal property are allocated to New Jersey if the goods are shipped to points within New Jer- Part II – Refundable Tax Credits sey. Receipts from the sale of goods are allocable to New Jersey If the credit form calculates an amount to be refunded, enter the if shipped to a New Jersey or a non-New Jersey customer where refundable portion on the appropriate line. The total on line 6 possession is transferred in New Jersey. Receipts from the sale must equal the amount reported on page 1, line 8c. of goods shipped to a taxpayer from outside New Jersey to a New Jersey customer by a common carrier are allocable to New Jersey. Receipts from the sale of goods shipped from outside Schedule A-4 New Jersey to a New Jersey location where the goods are Summary Schedule picked up by a common carrier and transported to a customer Every corporation must complete this schedule. Report the infor- outside New Jersey are not allocable to New Jersey. Receipts mation on each line of Schedule A-4 from the return schedules from the following are allocable to New Jersey: services per- indicated. All lines must be completed as applicable. formed if the benefit of the service is received in New Jersey; rentals from property situated in New Jersey; royalties from the use in New Jersey of patents, copyrights, and trademarks; all Schedule A-GR other business receipts earned in New Jersey. Schedule A-GR has been discontinued. All taxpayers Services are sourced based on market sourcing. must complete Schedule J. Receipts from Sales of Capital Assets. Receipts from sales of capital assets (property not held by the taxpayer for sale to Schedule B customers in the regular course of business), either within or Balance Sheet outside New Jersey, should be included in the numerator and Every taxpayer must complete this schedule. The amounts re- the denominator based on the net gain recognized and not on ported must be the same as the year-end figures shown on the gross selling prices. If the taxpayer’s business is the buying and taxpayer’s books. Where applicable, data must match amounts selling of real estate or the buying and selling of securities for reported on Schedule L of the federal pro forma or federal return. trading purposes, gross receipts from the sale of such assets If not, explain and reconcile on rider. Consolidated information is should be included in the numerator and the denominator of the not permitted on separate returns. If the taxpayer is included in receipts fraction. a consolidated federal income tax return, this schedule must be completed by the taxpayer on its own separate basis. Note: The amount of dividends (deemed and/or paid dividends) excluded from entire net income pursuant to N.J.S.A. 54:10A-4(k)(5), are not included in the numerator or de- nominator of the receipts fraction. However, the dividend Schedule F (deemed and/or paid dividends) values that are not ex- Corporate Officers – General Information and cluded are included in the numerator or denominator. Compensation All applicable information should be provided for each corporate GILTI is now treated as a dividend for New Jersey officer regardless of whether compensation was received. The purposes and is reported on the dividends and data reported on Schedule F must match what is reported on other inclusions line (Schedule A, Part I, line 23b). federal Form 1125-E. Include Form 1125-E with your return. - 8 - |
Enlarge image | Line 8 – Allocation Factor Line 6b – Enter any gains reflected in line 3 that are not subject Divide line 6 (New Jersey based receipts) by line 7 (Total Re- to New Jersey Gross Income Tax pursuant to N.J.S.A. 54A:6-14 ceipts everywhere) and enter the result. When computing the and 6-14.1, i.e., gains or losses from exempt federal obligations allocation factor in Schedule J, division must be carried to six (6) and/or obligations of the State of New Jersey or its political decimal places, e.g., 0.123456. subdivisions. Line 6c – I.R.C. Section 179 expenses from federal Schedule K. Schedule K Line 6d – 50% of business meal expenses and 100% of enter- Shareholders’ Shares of Income, Deductions, Etc. tainment expenses not deductible for federal purposes. If the S corporation was completely liquidated during the tax year, see the instructions for Schedule K Liquidated. Line 6e – Charitable contributions from federal Schedule K. Line 6f – Include any expenses to generate federal tax-exempt Part I income that is taxable for New Jersey Gross Income Tax pur- Line 1 – Enter the total number of shareholders as of the closing poses. Submit a schedule. Also include any other items that are date of this return. excludable or deductible from S corporation income under the New Jersey Gross Income Tax Act. Line 2 – Enter the total number of nonresident shareholders in- cluded on line 1 above. Note: For tax years beginning on or after January 1, 2018, I.R.C. Section 199 has been repealed for federal pur- Lines 3a and b – Enter the total number of nonconsenting poses and no deduction is allowed for New Jersey pur- shareholders included on line 1 and the percentage of stock poses. For New Jersey Corporation Business Tax and owned as of the closing date of this return. This number must Gross Income Tax purposes, the I.R.C. Section 199A match the number reported on Schedule SJC. See Schedule is disallowed for tax years beginning on and after SJC for more information. January 1, 2018. Part II – New Jersey S Corporation Income (Loss) Line 7 – For tax years beginning on or after January 1, 2004, if Lines 2a–2l – Enter the amounts of income or loss as reported the federal special bonus depreciation allowance or I.R.C. Sec- on the corresponding lines of your federal Form 1120-S, Sched- tion 179 expense were deducted for assets placed in service ule K. on or after January 1, 2004, then a New Jersey depreciation adjustment is required. Use Gross Income Tax Depreciation On line 2i, report any gains or losses from the disposition of Adjustment Worksheet, GIT-DEP, to calculate the depreciation property in which a section 179 expense was claimed and adjustment for the assets’ initial years and for subsequent years passed through to the S corporation shareholders. until property is fully depreciated or disposed of; for adjustments Lines 4a–4e Additions to federal Section 179 recapture income; and for adjustments to Line 4a – Enter any State and municipal interest income that the gain or loss from disposition of such assets. Enter the results was not included in line 3. Do not include interest received or on this line. Worksheet GIT-DEP is available on the Division’s credited from obligations of the State of New Jersey or any of its website. political subdivisions. Part III – Allocation of S Corporation Income Line 4b – Enter the total taxes paid or accrued to the United (Loss) States, a state, a political subdivision thereof, or the District Line 1a – If you have completed Schedule O, Nonoperational of Columbia on or measured by profits or income, or business Activity, enter the amount reported on Part I, line 34, of Sched- presence or business activity, including income taxes paid or ule O. If you have not completed Schedule O, enter zero on this accrued by the corporation on behalf of, or in satisfaction of line. If the nonoperational income has already been deducted the liabilities of, the shareholders of the corporation, taken as a from line 1 via adjustments made in Part II, make no adjust- deduction on the CBT-100S, Schedule A and reflected in line 3, ments on this line. Part II of Schedule K. Line 1b – Enter the net effect of the elimination of nonunitary Line 4c – Enter all interest on indebtedness incurred or contin- partnership income and expenses from Schedule P-1, Part II, ued, expenses paid and incurred to purchase, carry, manage or line 4. conserve, and expenses of collection of the income or gain from obligations the income or gain from which is deductible pursuant Line 5 – If you have completed Schedule O, Nonoperational to N.J.S.A. 54A:6-14 and 6-14.1, and reflected in line 3, Part II of Activity, enter the amount reported on Part III, line 31, column C, Schedule K. Total Allocated New Jersey Portion. If you have not completed Schedule O, enter a zero on this line. Line 4d – Enter any losses reflected in line 3 that are not de- ductible for New Jersey Gross Income Tax purposes pursuant to Line 7 – Subtract page 1, line 3 from page 1, line 2a. If the result N.J.S.A. 54A:6-14 and 6-14.1, i.e., losses from exempt federal is less than zero, enter zero. Do not enter a negative number. obligations and/or obligations of the State of New Jersey or its political subdivisions. Lines 6a–g Subtractions Line 6a – Enter any interest income reflected in line 3 that is not subject to New Jersey Gross Income Tax pursuant to N.J.S.A. 54A:6-14 and 6-14.1, i.e., interest income on exempt federal obligations. - 9 - |
Enlarge image | Part IV-A – Analysis of New Jersey Accumulated the retained earnings of the corporation prior to becoming an S corporation. If the retained earnings of the corporation prior to Adjustments Account (AAA) becoming an S corporation is a negative amount, enter zero. This account reflects New Jersey S corporation earnings. Line 2 – Enter any additions or adjustments that must be made Note: If applicable, the allocation percentage from Schedule K, for federal income tax purposes. Part III, line 3 should be used for all allocated amounts indicated below. Line 3 – Enter any dividends paid during the tax year from the earnings and profits account. See instructions for Part IV-A, Column A – New Jersey AAA, includes: line 6. • Resident – All items of income, loss, reduction, or distribution regardless of where it is generated (include both allocated Parts V, VI, and VII and non-allocated amounts). Allocated and non-allocated amounts refer to the corporation’s New Jersey allocation Complete Parts V, VI, and VII including shareholders’ full names factor. and Social Security numbers. List all shareholders in the S corporation receiving either a federal or New Jersey K-1. If addi- • Nonresident – Items of income, loss, reduction, or distribu- tional space is required, include separate schedules in the exact tion generated from New Jersey sources (include allocated format for the additional shareholders. amounts only). Part V – For resident shareholders, indicate their pro rata share Column B – Non-New Jersey AAA, includes: of S corporation income/loss from all sources in column C, and • Resident – No items. the actual total amount of distributions, whether in cash and/or property, in column D. • Nonresident – Items of income, loss, reduction, or distri- bution generated from non-New Jersey sources (include Complete column E only if all shareholders are individuals, es- non-allocated amounts only). tates, or trusts. If you indicate on Form 329, Part I, line 13 that the Share of Pass-Through Business Alternative Income Tax will Line 1 – Enter the prior year ending balance of the New Jersey be allocated to the shareholders, enter in column E each share- Accumulated Adjustments Account (AAA). For the first year as holder’s share of the amount from Form 329, Part I, line 13. a New Jersey S corporation, the beginning balance of the New Jersey AAA account will be zero. Part VI – For consenting nonresident shareholders, indicate the income/loss allocated to New Jersey in column C, and the Line 2 – Enter the net pro rata share of allocated and non-al- income/loss not allocated to New Jersey in column D and the located S corporation income or loss for resident shareholders actual total amount of distributions, whether in cash and/or prop- and the net pro rata share of allocated S corporation income for erty, in column E. nonresident shareholders. Complete column F only if all shareholders are individuals, es- Line 3 – Enter the total of the allocated and non-allocated tates, or trusts. If you indicate on Form 329, Part I, line 13 that tax-exempt income or loss for resident shareholders and the al- the Share of Pass-Through Business Alternative Income Tax will located tax-exempt income or loss for nonresident shareholders. be allocated to the shareholders, enter in column F each share- Line 4 – Enter the total of the allocated and non-allocated holder’s share of the amount from Form 329, Part I, line 13. other reduction(s) for resident shareholders and the allocated Part VII – For nonconsenting shareholders, indicate the income/ other reduction(s) for nonresident shareholders. Other reduc- loss allocated to New Jersey in column C and the income/loss tions include taxes based on income paid by the S corporation not allocated to New Jersey in column D. Enter on page 1, lines (the taxes added back on Schedule K, Part II, line 4b), health 10 and 11 of the CBT-100S, the totals reported from Part VII, or life insurance paid by the S corporation, fines and penalties column C, the income allocated to New Jersey, and column F, paid by the S corporation, and club dues paid by the S corpo- Gross Income Tax Paid, respectively. If the income allocated ration. Also, other reductions should include any other adjust- to New Jersey is a loss, enter a zero (0) on lines 10 and 11 on ments for expenses that are nondeductible for federal income page 1 of the CBT-100S. tax purposes in determining income but must be taken into consideration in calculating the ending balance of AAA in the Complete column G only if all shareholders are individuals, es- year the expenses are incurred or paid, and are not already in- tates, or trusts. If you indicate on Form 329, Part I, line 13 that cluded in Schedule K, Part II. Provide a schedule detailing other the Share of Pass-Through Business Alternative Income Tax will reductions. be allocated to the shareholders, enter in column G each share- holder’s share of the amount from Form 329, Part I, line 13. Line 5 – Enter the total of lines 1, 2, 3, and 4. Line 6 – Enter the total of the allocated and non-allocated distribution(s) for the resident shareholder and the allocated dis- Schedule K Liquidated tribution(s) for the nonresident shareholder. Federal rules gov- Shareholders’ Shares of Income, Deductions, Etc. erning distributions must be followed. Special Instructions for S corporations completely liquidated during the tax year – Under N.J.A.C. 18:35-1.5(k)2, a complete Part IV-B – New Jersey Earnings and Profits liquidation of an S corporation is deemed to occur in the tax Account year when all of the S corporation’s assets have been sold or This account reflects New Jersey C corporation earnings. deemed to have been sold, exchanged, disposed, or distributed and all of the S corporation’s stock has been sold, exchanged, or Line 1 – Enter the beginning balance of the New Jersey E & P disposed. If both of these criteria are met and the S corporation account. For the first year as a New Jersey S corporation, the was completely liquidated during the tax year, Schedule K Liqui- beginning balance of the earnings and profits account will be dated must be prepared instead of Schedule K. - 10 - |
Enlarge image | Column A – S Corporation Income, Gains, Losses Prior to Dis- to N.J.S.A. 54A:6-14 and 6-14.1, and reflected in line 3, Part II of position of Assets: List in column A the income, gains, losses, Schedule K Liquidated. and New Jersey adjustments from and applicable to the S cor- poration’s operations, activities, and transactions prior to the Line 4d – Enter any losses reflected in line 3 that are not de- complete sale, exchange, or other disposition of all of the S cor- ductible for New Jersey Gross Income Tax purposes pursuant to poration’s assets. The total will be reported on the shareholders’ N.J.S.A. 54A:6-14 and 6-14.1, i.e., losses from exempt federal Schedule NJ-K-1 as “Pro rata share of S corporation income/ obligations and/or obligations of the State of New Jersey or its loss.” political subdivisions. Column B – Income, Gains, Losses from Disposition of Corpo- Line 4e – In column A, enter the amounts applicable to opera- rate Assets: List in column B the income, gains, losses, and New tions and transactions prior to the complete disposition of cor- Jersey adjustments derived from and applicable to the S corpo- porate assets. In column B, enter the amounts applicable to the ration’s complete sale, deemed sale, exchange, distribution, or complete disposition of corporate assets. other disposition of all of its assets. The total will be reported on Lines 6a–6f Subtractions the shareholders’ Schedule NJ-K-1 as “Total gain/loss from the Line 6a – Enter any interest income reflected in line 3 that is not disposition of assets.” subject to New Jersey Gross Income Tax pursuant to N.J.S.A. 54A:6-14 and 6-14.1, i.e., interest income on exempt federal Part I obligations. Line 1 – Enter the total number of shareholders as of the closing date of this return. Line 6b – Enter any gains reflected in line 3 that are not subject to New Jersey Gross Income Tax pursuant to N.J.S.A. 54A:6-14 Line 2 – Enter the total number of nonresident shareholders in- and 6-14.1, i.e., gains or losses from exempt federal obligations cluded on line 1 above. and/or obligations of the State of New Jersey or its political Lines 3a and 3b – Enter the total number of nonconsenting subdivisions. shareholders included on line 1 and the percentage of stock Line 6c – I.R.C. Section 179 expenses from federal Schedule K. owned as of the closing date of this return. This number must match the number reported on Schedule SJC. See Schedule Line 6d – 50% of business meal expenses and 100% of enter- SJC for more information. tainment expenses not deductible for federal purposes. Line 4 – Enter the date the assets were fully disposed. Line 6e – Charitable contributions from federal Schedule K. Line 5 – Enter the date the shareholders’ stock was fully Line 6f – In column A, enter the amounts applicable to oper- disposed. ations and transactions prior to the complete disposition of corporate assets. In column B, enter the amounts applicable to Part II – New Jersey S Corporation Income (Loss) the complete disposition of corporate assets. Include any other Lines 2a–2e, 2h, 2k, and 2l – Enter the amounts of income or items that are excludable or deductible from S corporation in- loss as reported on the corresponding lines of your federal Form come under the New Jersey Gross Income Tax Act. 1120-S, Schedule K. Note: For tax years beginning on or after January 1, 2018, Lines 2f, 2g, 2i, and 2j – In column A, enter the amounts ap- I.R.C. Section 199 has been repealed for federal pur- plicable to operations and transactions prior to the complete poses and no deduction is allowed for New Jersey pur- disposition of corporate assets. In column B, enter the amounts poses. For New Jersey Corporation Business Tax and applicable to the complete disposition of corporate assets. Gross Income Tax purposes, the I.R.C. Section 199A is disallowed for tax years beginning on and after January 1, On line 2i report any gains or losses from the disposition of 2018. property in which a section 179 expense was claimed and passed through to the S corporation shareholders. Line 7 – For tax years beginning on or after January 1, 2004, if the federal special bonus depreciation allowance or I.R.C. Sec- Lines 4a–4e Additions tion 179 expense were deducted for assets placed in service Line 4a – Enter any State and municipal interest income that on or after January 1, 2004, then a New Jersey depreciation was not included in line 3. Do not include interest received or adjustment is required. Use Gross Income Tax Depreciation credited from obligations of the State of New Jersey or any of its Adjustment Worksheet, GIT-DEP, to calculate the depreciation political subdivisions. adjustment for the assets’ initial years and for subsequent years until property is fully depreciated or disposed of; for adjustments Line 4b – Enter the total taxes paid or accrued to the United to federal Section 179 recapture income; and for adjustments States, a state, a political subdivision thereof, or the District to the gain or loss from disposition of such assets. Enter the of Columbia on or measured by profits or income, or business results on this line. This worksheet is available on the Division’s presence or business activity, including income taxes paid or website. accrued by the corporation on behalf of, or in satisfaction of the liabilities of, the shareholders of the corporation, taken as a Part III – Allocation of S Corporation Income deduction on the CBT-100S, Schedule A and reflected in line 3, Part II of Schedule K Liquidated. (Loss) Line 1a – If you have completed Schedule O, Nonoperational Line 4c – Enter all interest on indebtedness incurred or contin- Activity, enter the amount reported on Part I, line 34, of Sched- ued, expenses paid and incurred to purchase, carry, manage or ule O. If you have not completed Schedule O, enter zero on this conserve, and expenses of collection of the income or gain from line. If the nonoperational income has already been deducted obligations the income or gain from which is deductible pursuant from line 1 via adjustments made in Part II, make no adjust- ments on this line. - 11 - |
Enlarge image | Line 1b – Enter the net effect of the elimination of nonunitary Line 6 – Enter the total of the allocated and non-allocated distri- partnership income and expenses from Schedule P-1, Part II, bution(s) for the resident shareholder and the allocated distribu- line 4. tion(s) for the nonresident shareholder. Federal rules governing distributions must be followed. Line 5 – If you have completed Schedule O, Nonoperational Activity, enter the amount reported on Part III, line 31, column C, Part IV-B – New Jersey Earnings and Profits Total Allocated New Jersey Portion. If you have not completed Schedule O, enter zero on this line. Account This account reflects New Jersey C corporation earnings. Line 7 – Subtract page 1, line 3 from page 1, line 2a. If the result is less than zero, enter zero. Do not enter a negative number. Line 1 – Enter the beginning balance of the New Jersey E&P account. For the first year as a New Jersey S corporation, the Part IV-A – Analysis of New Jersey Accumulated beginning balance of the earnings and profits account will be the retained earnings of the corporation prior becoming an S corpo- Adjustments Account (AAA) ration. If the retained earnings of the corporation prior to becom- This account reflects New Jersey S corporation earnings. ing an S corporation is a negative amount, enter zero. Note: If applicable, the allocation percentage from Schedule K Line 2 – Enter any additions or adjustments that must be made Liquidated, Part III, line 3 should be used for all allocated for federal income tax purposes. amounts indicated below. Line 3 – Enter any dividends paid during the tax year from the Column A – New Jersey AAA, includes: earnings and profits account. See instructions for Part IV-A, • Resident – All items of income, loss, reduction, or distribution line 6. regardless of where it is generated (include both allocated and non-allocated amounts). Allocated and non-allocated Parts V, VI, and VII amounts refer to the corporation’s New Jersey allocation Complete Parts V, VI, and VII including shareholders’ full names factor. and Social Security numbers. List all shareholders in the S • Nonresident – Items of income, loss, reduction, or distribu- corporation receiving either a federal or New Jersey K-1. If addi- tion generated from New Jersey sources (include allocated tional space is required, include separate schedules in the exact amounts only). format for the additional shareholders. Column B – Non-New Jersey AAA, includes: Determine each shareholder’s Pro Rata Share of Income/ • Resident – No items. Loss based on Schedule K Liquidated, Part III, column A, lines 6 and 7. Determine each shareholder’s Gain/Loss on • Nonresident – Items of income, loss, reduction, or distri- Disposition of Assets based on Schedule K Liquidated, bution generated from non-New Jersey sources (include Part III, column B, lines 6 and 7. non-allocated amounts only). Part V – For resident shareholders, indicate their pro rata share Line 1 – Enter the prior year ending balance of the New Jersey of S corporation income/loss from all sources in column C. Enter Accumulated Adjustments Account (AAA). For the first year as the gain/loss on disposition of assets from all sources in column a New Jersey S corporation, the beginning balance of the New D. Enter the actual total amount of distributions (prior to and in- Jersey AAA account will be zero. cluding liquidating), whether in cash and/or property, in column E. Line 2 – Enter the net pro rata share of allocated and non-allocated S corporation income or loss for resident share- Complete column F only if all shareholders are individuals, es- holders and the net pro rata share of allocated S corporation tates, or trusts. If you indicate on Form 329, Part I, line 13 that income for nonresident shareholders. the Share of Pass-Through Business Alternative Income Tax will be allocated to the shareholders, enter in column F each share- Line 3 – Enter the total of the allocated and non-allocated holder’s share of the amount from Form 329, Part I, line 13. tax-exempt income or loss for resident shareholders and the al- located tax-exempt income or loss for nonresident shareholders. Part VI – For consenting nonresident shareholders, indicate the income/loss allocated to New Jersey in column C and the Line 4 – Enter the total of the allocated and non-allocated other income/loss not allocated to New Jersey in column D. Enter the reduction(s) for resident shareholders and the allocated other gain/loss on disposition of assets allocated to New Jersey in col- reduction(s) for nonresident shareholders. Other reductions umn E and the gain/loss on disposition of assets not allocated to include taxes based on income paid by the S corporation (the New Jersey in column F. Enter the actual total amount of distri- taxes added back on Schedule K Liquidated, Part II, line 4b), butions (prior to and including liquidating), whether in cash and/ health or life insurance paid by the S corporation, fines and or property, in column G. penalties paid by the S corporation, and club dues paid by the S corporation. Also, other reductions should include any other Complete column H only if all shareholders are individuals, es- adjustments for expenses that are nondeductible for federal tates, or trusts. If you indicate on Form 329, Part I, line 13 that income tax purposes in determining income but must be taken the Share of Pass-Through Business Alternative Income Tax will into consideration in calculating the ending balance of AAA in be allocated to the shareholders, enter in column H each share- the year the expenses are incurred or paid, and are not already holder’s share of the amount from Form 329, Part I, line 13. included in Schedule K Liquidated, Part II. Provide a schedule detailing other reductions. Part VII – For nonconsenting shareholders, indicate the income/ loss allocated to New Jersey in column C and the income/loss Line 5 – Enter the total of lines 1, 2, 3, and 4. not allocated to New Jersey in column D. Enter the gain/loss on disposition of assets allocated to New Jersey in column E and - 12 - |
Enlarge image | the gain/loss on disposition of assets not allocated to New Jer- and the date and state where organized for each partnership. sey in column F. Combine the totals of column C and column E Also, check the type of ownership (general or limited), the tax ac- and enter on page 1, line 10 of the CBT-100S. Enter the total of counting method used to reflect your share of partnership activity column H, Gross Income Tax Paid, on line 11. If the income al- on this return (flow through method or separate accounting) and located to New Jersey is a loss, enter a zero (0) on lines 10 and whether or not the partnership has nexus in New Jersey. Itemize 11 of the CBT-100S. in column 7 the amount of tax payments made on behalf of the taxpayer by partnership entities. Carry the total amount of taxes Complete column I only if all shareholders are individuals, es- paid on behalf of taxpayer to page 1, line 8b. Include a copy of tates, or trusts. If you indicate on Form 329, Part I, line 13 that Schedule NJK-1 from Form NJ-1065 if the partnership is filing in the Share of Pass-Through Business Alternative Income Tax will New Jersey, or the federal Schedule K-1 if not. Any one member be allocated to the shareholders, enter in column I each share- limited liability company must be included on this schedule. holder’s share of the amount from Form 329, Part I, line 13. Part II – Separate Accounting of Nonunitary Partnership Income Schedule PC Taxpayers that use a Separate Tax Accounting Method on nonunitary partnership investments must complete Part II to Per Capita Licensed Professional Fee compute the appropriate amount of tax. Pursuant to N.J.S.A. Professional corporations (PC) formed under N.J.S.A. 14A:17-1 54:10A-6, taxpayers must enter a single sales factor allocation et seq. or any similar laws of a possession or territory of the in column 3. Do not use three factor allocation (property, payroll, U.S., a state, or political subdivision thereof, are liable for a fee and sales) from the partnership return (Form NJ-1065). on licensed professionals. Per N.J.S.A. 14A:17-3, examples of licensed professionals are: certified public accountants, architects, optometrists, profes- Schedule P sional engineers, land surveyors, land planners, chiropractors, Schedule P has been discontinued. physical therapists, registered professional nurses, dentists, os- teopaths, physicians and surgeons, doctors of medicine, doctors of dentistry, podiatrists, veterinarians and, subject to the Rules of Schedule R the Supreme Court, attorneys at law. Dividend Exclusion Note: Licenses acquired through vocational training and/or P.L. 2023, c.96, made a series of technical correc- apprenticeships within those trades are not considered tions, clarifications, and changes that affect Sched- licensed professionals. Examples include plumbers, elec- ule R. tricians, HVAC technicians, cosmetologists, fire and bur- • For privilege periods ending on and after July 31, 2023, the glar alarm services, acupuncturists, hair stylists, elevator, dividend exclusion is a pre-allocation exclusion. escalator, and moving walkway mechanics, locksmiths, and court reporters. • The historic ordering limitation (preventing the dividend ex- clusion from increasing net operating losses) is no longer The fee is assessed provided there are more than two profes- applicable. However, the change in historic ordering is pro- sionals in the PC. The fee is assessed on professionals that are spective only. Taxpayers cannot adjust NOLs and PNOLs owners, shareholders, and/or employees of the professional from privilege periods ending before July 31, 2023, using the corporation. The number of professionals should be calculated law change from P.L. 2023, c.96. using a quarterly average. The fee for each resident and non- resident professional with physical nexus with New Jersey is • GILTI is now treated as a dividend for New Jersey purposes $150. The fee for each nonresident professional without physical and is reported on Schedule A, Part I, line 23b. nexus with New Jersey is $150 multiplied by the allocation factor • The maximum dividend exclusion increased from 95% to of the corporation. The fee is limited to $250,000 per year. 100% from qualified subsidiaries if such dividends were included in the taxpayer’s gross income on Schedule A. In the event of a period shorter than a year, the fee and limit may However, a claw-back provision that requires a 5% reduc- be prorated by months. A fraction of a month is deemed to be a tion of the exclusion amount has been added (see N.J.S.A. month. 54:10A-4(k)(5)(F)(ii)). Check the box on page 1 to indicate the corporation is a profes- Taxpayers cannot include the following as part of the dividend sional corporation. exclusion: Part II, line 4 – Installment Payment: A 50% prepayment towards • Money market fund or REIT income; the subsequent year’s fee is required with the current year’s return. • FDII (this is not considered income from dividends or deemed dividends for New Jersey Corporation Business Tax pur- Part II, line 8 – Credit: Amount to be credited towards next year’s poses); or fee. This fee is not eligible for refund. • The portion of I.R.C. § 78 gross-up deducted on line 38a of Schedule A, Part I. Schedule P-1 Dividends and deemed dividends from all sources must be in- Partnership Investment Analysis cluded in Schedule A. However, taxpayers may exclude from Part I – Partnership Information entire net income 100% of dividends from qualified subsidiaries, Itemize the investment in each partnership, limited liability com- less the 5% clawback, if such dividends were included in the pany, and any other entity that is treated for federal tax purposes taxpayer’s gross income on Schedule A. A qualified subsidiary as a partnership. List the name, the federal identification number, is defined as ownership by the taxpayer of at least 80% of the - 13 - |
Enlarge image | total combined voting power of all classes of stock entitled to Line 11 – IRC § 179 limitation. Enter the lesser of line 1 or vote and at least 80% of the total number of shares of all other $25,000. classes of stock, except non-voting stock which is limited and preferred as to dividends. Line 12 – Enter the amount from Worksheet II, line 16, col- umn F. If the amount is positive, add it to the total reported on With respect to other dividends, the exclusion is limited to 50% line 15. If it is negative, subtract it from the total. of such dividends included in the taxpayer’s gross income on Schedule A, less the 5% clawback, provided the taxpayer owns Line 13 – Enter any adjustment to depreciation that is an addi- at least 50% of voting stock and 50% of the total number of tion. This can include, but is not limited to, partnership activity. shares of all other classes of stock. Line 14 – Enter any adjustment to depreciation that is a deduc- Any subsidiary that is owned less than 50% is not entitled to a tion. This can include, but is not limited to, partnership activity. dividend exclusion. Part II – New Jersey Depreciation for Gas, If the taxpayer received tiered dividends from a tiered subsidiary Electric, and Gas and Electric Public Utilities that filed and paid tax in excess of the minimum tax to New Jer- Gas, electric, and gas and electric utilities must complete this sey on those same dividends, do not include these dividends on schedule to compute their New Jersey depreciation allowable for Schedule R. the single asset account, which is comprised of all depreciable The tiered dividend exclusion from certain subsidiaries is calcu- property placed in service prior to January 1, 1998. The basis of lated separately on Form 332. See Form 332 for more informa- this asset account will be the total federal depreciable basis as tion. The form is available on the Division’s website. of December 31, 1997, plus the excess of the book depreciable basis over the federal tax basis as of December 31, 1997. This basis will be reduced yearly by the federal basis of these assets New Jersey follows the federal ownership attribu- sold, retired, or disposed of from January 1, 1998, to date. tion rule changes under I.R.C. § 958(b) and I.R.C. § 318 that broadened the federal attribution rules that Note: Gas, electric and gas, and electric utilities may have ad- were retroactive to January 1, 2017, in addition to justments from both Part I and Part II. If the taxpayer has the already broad Corporation Business Tax attribution rules. amounts reported on Schedule S, Part II, lines 1 through 5, enter the amount from Schedule S, Part I, line 15 Schedule PT – Previously Taxed Dividends: If you had sub- on Schedule S, Part II, line 6b, not Schedule A, Part I, sidiary dividend income that was reported in a previous tax year line 36a or 36b. for New Jersey Corporation Business Tax purposes and for which you paid greater than the New Jersey minimum tax in that Worksheet I tax year and those same dividends are included in your entire net income this tax year, complete Schedule PT in conjunction Column A – Sort the property you acquired and placed in with Schedule R. See Schedule PT for more information. The service during the tax year 2023 according to its classification schedule is available on the Division’s website. (3-year property, 5-year property, etc.) as shown in column A. Column B – Use the federal basis adding back the special de- preciation reduction. Schedule S All taxpayers must complete this schedule and must include a Column C – Enter the bonus depreciation claimed (50% or copy of a completed federal Depreciation Schedule, Form 4562. 30%). If both categories of bonus depreciation are claimed, pro- Schedule S provides for adjustments to depreciation and certain vide a rider detailing the assets that used 50% and the assets safe harbor leasing transactions. Gas, electric and gas, and that used 30%. electric utilities must also complete Schedule S, Part II, for prop- erty placed in service prior to January 1, 1998. Column D – Enter the convention that was used for federal pur- poses. The applicable conventions are Half-Year Convention, Part I – Depreciation and Safe Harbor Leasing Mid-Quarter Convention, or the Mid-Month Convention. New Jersey had decoupled from I.R.C. §168(k) Column E – Enter the method that was selected for federal bonus depreciation and I.R.C. § 179 expensing pro- purposes. The applicable methods are 200% declining balance, visions. See N.J.S.A. 54:10A-4(k)(12) and N.J.S.A. 150% declining balance, or straight-line. 54:10A-4(k)(13). Adjustments must be made accordingly. Column F – Enter the amount of federal depreciation claimed on federal Form 4562. Line 1 through Line 6 – These lines detail the depreciation deduction reflected in the Computation of Entire Net Income Column G – To determine the New Jersey depreciation, multiply (Schedule A, Part I) into several categories. In most circum- column B by the applicable rate from the appropriate table (See stances, the information can be found on federal Form 4562. IRS Pub. 946 for complete tables). Enter the total on Sched- ule S, Part I, line 9. Line 7 – Enter the amount reported on the federal Form 4562. Worksheet II Line 8 – Enter the amount of current depreciation on property Column D – Enter the federal depreciation claimed up to the placed in service in prior years carried over into the current date the property was sold. period. Column E – Enter the New Jersey depreciation claimed up to Line 9 – Enter the amount from Depreciation Worksheet I, the date the property was sold. line 10, column F. - 14 - |
Enlarge image | Column F – Enter the difference between column D and col- Part I – Net Operating Loss Carryovers Generated as a umn E. If the amount is positive, there is an excess of deprecia- C Corporation tion that must be added to the federal amount claimed on Part I, Line 1 – Enter the total Prior Net Operating Loss Conversion line 7. If the amount is negative, there is a deficiency that must Carryover (PNOL) generated as a C corporation (for New Jersey be deducted from Part I, line 7. Corporation Business Tax purposes). Line 2 – Enter the total Post Allocation Net Operating Loss Carryover (NOL) generated as a C corporation (for New Jersey Schedule SJC Corporation Business Tax purposes). Shareholder Jurisdictional Consent Initial information. Complete Part I if this information has not Line 3 – Enter the total NOL that is available. Add line 1 and been previously reported. line 2. This is the amount that will be entered on Schedule A, Part I, line 42 and Schedule A, Part II, line 4. Changes to previously reported information. Complete Part II if you need to make changes to previously reported information. Part II – Available Net Operating Loss Deductions See TB-105 and Answers to Frequently Asked Questions on the Line 1 – Enter the amount reported on Schedule A, Part I, New Jersey S Corporation Procedural Changes. line 42. Note: Any business that filed for and was granted either a New Note: The loss reported each year must not include any amount Jersey S or QSSS election (prior to 2023) meets the excluded from federal taxable income under subpara- requirement for having previously provided the federal graph (A), (B), or (C) of paragraph (1) of subsection (a) of acceptance letter. Internal Revenue Code (26 U.S.C. s.108). Line 2 – Enter the amount reported on Schedule A, Part II, line 4. Schedule NJ-K-1 Shareholder’s Share of Income/Loss Line 3 – Add line 1 and line 2. This is the total amount of NOL A copy of each shareholder’s Schedule NJ-K-1 must be included used in the current year. The amount can only be generated with the CBT-100S. A copy of each NJ-K-1 must be kept as while the taxpayer was a C corporation (for New Jersey Corpo- part of the corporation’s records, and a separate copy must be ration Business Tax purposes) or part of a combined group filing supplied to each individual shareholder on or before the date a combined return for New Jersey purposes. It cannot exceed on which the CBT-100S is to be filed. The instructions for this the total of the amounts reported on Schedule A, Part I, line 41 schedule can be found on the reverse side of the form. and Schedule A, Part II, line 3. Any taxpayer claiming an NOL deduction must submit the last Net Operating Loss Schedule/Worksheet prior to con- Form NJ-1040-SC version to S Corporation (from CBT-100 or CBT-100U). Payment on Behalf of Nonconsenting Shareholders A copy of each NJ-1040-SC filed by the corporation on behalf Additional Forms and Instructions of any nonconsenting shareholder must be included with the Most of the forms and schedules needed to complete the return CBT-100S. A copy must be retained by the corporation as part of are included with Form CBT-100S. However, there are several its records, and a copy must also be supplied to the shareholder stand alone forms and schedules that taxpayers can obtain on on whose behalf the NJ-1040-SC was filed on or before the the Division’s website. This includes: due date of the CBT-100S. The instructions for this form can be found on the reverse side of the form. • Schedule N: Nexus – Immune Activity Declaration and the Nexus Questionnaire • Schedule O: Nonoperational Activity Form 500S • Schedule PT: Dividend Exclusion for Certain Previously Computation of the Available Converted Net Taxed Dividends Operating Losses For New Jersey Corporation Business Tax purposes, net oper- • Form 301: Urban Enterprise Zone Investment Tax Credit ating losses and net operating loss carryovers have a 20-year • Form 302: Redevelopment Authority Project Tax Credit carryover period and can only be carried forward. • Form 304: New Jobs Investment Tax Credit For tax years beginning on and after January 1, 2020, the fed- • Form 305: Manufacturing Equipment and Employment Invest- eral rules and regulations governing consolidated return net ment Tax Credit operating losses and net operating loss carryovers apply to the New Jersey net operating loss carryover provisions to the extent • Form 306: Research and Development Tax Credit they are consistent with the provisions of the New Jersey Corpo- ration Business Tax Act. If the New Jersey and federal provisions • Form 311: Neighborhood Revitalization State Tax Credit differ, the New Jersey Corporation Business Tax Act provisions • Form 312: Effluent Equipment Tax Credit govern. New Jersey generally follows the federal rules governing mergers, acquisitions, reorganizations, spin-offs, split-offs, disso- • Form 313: Economic Recovery Tax Credit lution, bankruptcy, or any form of cessation of a business. New • Form 315: AMA Tax Credit Jersey also follows any other provision of the federal rules that limits or reduces federal net operating losses and federal net op- • Form 316: Business Retention and Relocation Tax Credit erating loss carryovers. - 15 - |
Enlarge image | • Form 317: Sheltered Workshop Tax Credit • Form 318: Film Production Tax Credit • Form 319: Urban Transit Hub Tax Credit • Form 320: Grow New Jersey Tax Credit • Form 321: Angel Investor Tax Credit • Form 322: Wind Energy Facility Tax Credit • Form 323: Residential Economic Redevelopment and Growth Tax Credit • Form 324: Business Employment Incentive Program Tax Credit • Form 325: Public Infrastructure Tax Credit • Form 326: Drug Donation Program Tax Credit • Form 327: Film and Digital Media Tax Credit • Form 328: Tax Credit for Employers of Employees With Impairments • Form 329: Pass-Through Business Alternative Income Tax Credit • Form 330: Apprenticeship Program Tax Credit • Form 331: Tax Credit for Employer of Organ/Bone Marrow Donor • Form 332: Tiered Subsidiary Dividend Pyramid Tax Credit • Form 334: Innovation Evergreen Fund Tax Credit • Form 335: Unit Concrete Products Tax Credit - 16 - |