Enlarge image | 2022 CBT-100 General Instructions for New Jersey Corporation Business Tax Return and Related Forms Electronic Filing Mandate Riders All taxpayers and tax preparers must file Corporation Business If space is insufficient, include riders in the same form as the Tax returns and make payments electronically. This mandate original printed sheets. The riders must be numbered and includes all returns, estimated payments, extensions, and clearly list the schedule(s) and line(s) of each corresponding vouchers. Visit the Division’s website or check with your soft- rider item. ware provider to see if they support any or all of these filings. Federal/State Tax Agreement To file and pay the annual report electronically, visit the Division The New Jersey Division of Taxation and the Internal Revenue of Revenue and Enterprise Services website. Service participate in a Federal/State program for the mutual exchange of tax information to verify the accuracy and consis- tency of information reported on federal and New Jersey tax A new, simplified, standardized return is being returns. created that will replace Form CBT-100. See the Division’s website for information about implementation. Corporations Required to File In general, every corporation existing under the laws of the State of New Jersey is required to file a Corporation Business Tax return. Before You Begin Read all instructions carefully before completing returns. In addition, a return must be filed by every foreign corporation Include a complete copy of the federal Form 1120 (or any that: other federal corporate return filed) and all related forms 1. Holds a general certificate of authority to do business in and schedules. See Technical Bulletin,TB-98(R), Federal this State issued by the Secretary of State; or Return and the Forms and Schedules to Include with the Cor- 2. Holds a certificate, license, or other authorization issued poration Business Tax Return Pursuant to P.L. 2020, C. 118. by any other department or agency of this State, authoriz- Corporations that are part of a federal consolidated group ing the company to engage in corporate activity within this must include a federal income tax return and the consolidating State; or schedules showing the income statement, balance sheets, and 3. Derives income from this State; or all other supporting information for the taxpayer. 4. Employs or owns capital within this State; or Form 1120-F filers attach the 1120-F to the return. If no 1120-F 5. Employs or owns property in this State; or was completed but the income was reported on Form 5471, 6. Maintains an office in this State. attach the 5471. If a non-U.S. corporation did not file federal Form 1120-F and the income was not reported on federal Form A foreign corporation that is a partner of a New Jersey part- 5471, it must complete an 1120-F reporting its income and tax nership is deemed subject to tax in the State and must file a attributes as though the entity filed a federal return. return. Personal Liability of Officers and Directors Corporations Claiming P.L. 86-272. Foreign corporations Any officer or director of any corporation who shall distribute or that meet the filing requirements and whose income is immune cause to be distributed any assets in dissolution or liquidation from tax pursuant to Public Law 86-272, must obtain and com- to the stockholders without having first paid all corporation plete Schedule N, Nexus – Immune Activity Declaration, and all franchise taxes, fees, penalties and interest imposed on said of the schedules from the CBT-100. In addition, taxpayers must corporation, in accordance with N.J.S.A. 14A:6-12, N.J.S.A. include a copy of the Nexus Questionnaire. P.L. 86-272 filers 54:50-18 and other applicable provisions of law, shall be per- are not subject to the surtax imposed by N.J.S.A. 54:10A-5.41, sonally liable for said unpaid taxes, fees, penalties, and inter- and will enter zero on page 1, line 5. These corporations must est. Compliance with N.J.S.A. 54:50-13 is also required in the remit the minimum tax with the CBT-100. case of certain mergers, consolidations, and dissolutions. Note: Check the box on page 1 to indicate the corporation is Distortion of Net Income claiming P.L. 86-272. The Director is authorized to adjust and redetermine items of gross receipts and expenses as may be necessary to make Out-of-Business Corporations. Corporations that are “out of a fair and reasonable determination of tax payable under the business” but have not dissolved or withdrawn their authority to Corporation Business Tax Act. For details regarding the condi- do business in New Jersey, are still obligated to file a return. A tions under which this authority may be exercised, see regula- dissolution or withdrawal date must be established on or before tion N.J.A.C. 18:7-5.10. the last day of the current taxable period to avoid having to file a return for the next tax period. Accounting Method New Corporations. Every New Jersey corporation acquires a The return must be completed using the same method of ac- taxable status beginning 1) on the date of its incorporation, or counting, cash, accrual or other basis, that was employed in 2) on the first day of the month following its incorporation if so the taxpayer’s federal income tax return. stated in its certificate of incorporation. Every corporation that incorporates, qualifies, or otherwise acquires a taxable status in New Jersey must file a Corporation Business Tax return. A - 1 - |
Enlarge image | tax return must be filed for each fiscal period, or part thereof, of medicine, doctors of dentistry, podiatrists, veterinarians, and beginning on the date the corporation acquired a taxable status attorneys. in New Jersey regardless of whether it had any assets or con- ducted any business activities. No return may cover a period Regulated Investment Company. Every taxpayer electing exceeding 12 months, even by a day. to report as an Investment Company must meet the qualifica- tions detailed in Part II of the Annual General Questionnaire. S Corporations. Every corporation that elects to be a New Regulated Investment Companies only complete page 1, the Jersey S corporation must file a “New Jersey S Corporation Annual General Questionnaire, Schedule A, and Schedule J. or New Jersey QSSS Election” (Form CBT-2553) within one The election is effective only for the particular year covered by calendar month subsequent to the federal S corporation filing the return. requirement. Real Estate Investment Trust. The election is effective only Note: New Jersey S corporations do not file Form CBT-100. for the particular year covered by the return. These corporations must complete Form CBT-100S (or Form CBT-100U if they elected to be part of a combined Inactive Corporations. Inactive corporations that, during the group). period covered by the return, did not conduct any business, did not have any income, receipts or expenses, and did not own Federal S corporations that have not elected and been au- any assets, must complete the Certification of Inactivity section thorized to be New Jersey S corporations must complete this on page 1. Payment for the related minimum tax liability and return as though no election had been made under I.R.C. the installment payment (if applicable) must be submitted elec- § 1362. A copy of Form 1120-S as filed must be submitted. tronically. See the Page 1 section for more information. Lines 1 through 28 on Part I, Schedule A of the CBT-100 must be completed. Combined Reporting New Jersey enacted mandatory combined reporting for unitary Note: Check the box on page 1 to indicate the corporation is a businesses for tax years ending on and after July 31, 2019. federal 1120-S filer. Groups of companies that have common ownership and are engaged in a unitary business, where at least one member of Domestic International Sales Corporations (DISC). A DISC the group is subject to the New Jersey Corporation Business must complete this return as though no election had been Tax, are required to calculate their tax liability on a combined made under Sections 992-999 of the Internal Revenue Code. A basis on Form CBT-100U, Corporation Business Tax Unitary DISC must complete all applicable schedules on the return. Return. Combinable Captive Insurance Companies. Combinable A member of a combined group filing a New Jersey combined captive insurance companies are no longer exempt from the return does not have to file a separate return for the privilege Corporation Business Tax. If the combinable captive insurance period or portion of the privilege period thereof that the tax- company is not included as a member of a combined group payer was included as a member of the combined return. A filing a New Jersey Corporation Business Tax Unitary Return, combined group member with business operations that are Form CBT-100U, they must file a separate New Jersey Corpo- independent of the unitary business activity of the combined ration Business Tax Return, Form CBT-100. group must report such income on Schedule X. Schedule X is Note: A regular captive insurance company that does not submitted with the combined return. The member will not com- meet the definition of a combinable captive insurance plete a separate return. company in N.J.S.A. 54:10A-4(y) is still exempt from the Visit the Division’s website for information about combined Corporation Business Tax. reporting. Foreign Sales Corporations (FSC). An FSC must com- Note: A taxpayer that has nexus with New Jersey that is part plete this return as though no election had been made under of a combined group or affiliated group, but excluded Sections 922-927 of the Internal Revenue Code. FSCs must from the New Jersey combined return must file a sepa- complete all applicable schedules on the return. Under Section rate return. 5, P.L. 106-519, no corporation may elect to be an FSC after September 30, 2000. Former Member of Combined Group. A taxpayer that was a member of a combined group filing a New Jersey combined Financial Business Corporations. Corporations that qualify return for part of the group privilege period and subsequently as financial businesses, those that derive 75% of their gross in- departs the combined group to file on a separate entity basis come from the financial activities enumerated at N.J.A.C. 18:7- must report the income for months subsequent to departing the 1.16(a)1 through (a)7, must file the New Jersey Corporation combined group on a separate return (Form CBT-100) unless Business Tax Return for Banking and Financial Business, Form the taxpayer joined a second combined group that files a New BFC-1 or the Corporation Business Tax Combined Return, Jersey combined return. The taxpayer filing a separate return Form CBT-100U. would not report the income on Form CBT-100 for the months Professional Corporations. Corporations formed under during which the member was part of the combined group. If N.J.S.A. 14A:17-1 et seq. or any similar laws of a possession determining what amount of income is attributable to the por- or territory of the U.S., a state, or political subdivision thereof, tions of the twelve-month period are for the periods before and must complete Schedule PC. Examples of licensed profes- after departing a combined group, the taxpayer must prorate sionals include certified public accountants, architects, optom- their income/losses and receipts. etrists, professional engineers, land surveyors, land planners, chiropractors, physical therapists, registered professional nurses, dentists, osteopaths, physicians and surgeons, doctors - 2 - |
Enlarge image | In addition, corporations are required to make installment pay- When to File ments of estimated tax. The requirement for making these pay- 2022 Accounting Periods and Due Dates ments is based on the amount of the total tax liability shown on The 2022 Corporation Business Tax return should only be the most recent return. used for accounting periods ending on and after July 31, 2022, through June 30, 2023. • If the 2022 total tax liability is greater than $500, the taxpayer must make installment payments towards 2023. In general, the New Jersey Corporation Business Tax returns These payments are to be made electronically on Form and payments, except estimated payments, are due 30 days CBT-150 and are due on or before the 15th day of the 4th, after the original due date of the federal corporate income tax 6th, 9th and 12th months of the tax year. Taxpayers with return. For the administrative convenience of both the Division gross receipts greater than or equal to $50,000,000 must and taxpayers, Corporation Business Tax returns filed by the make installment payments on the 15th day of the 4th, 6th, 15th day of the fifth month following the close of the privilege and 12th months of the tax year. period are considered timely even if that date is more than 30 days after the federal due date. If the due date falls on a week- • If the 2022 total tax liability is $500 or less, installment end or a legal holiday, the return and payment are due on the payments may be made as indicated above OR in lieu of following business day. Use the following schedule for 2022 making installment payments, the taxpayer may make a CBT-100 forms and payments: payment of 50% of the 2022 total tax liability. If accounting July 31, Aug. 31, Sept. 30, Oct. 31, Nov. 30, Dec. 31, How to Pay period ends on: 2022 2022 2022 2022 2022 2022 To make payments electronically, go to the Division of Taxa- Due date for Dec. 15, Jan. 15, Feb. 15, Mar. 15, Apr. 15, May 15, tion’s website. Taxpayers who do not have access to the inter- filing is: 2022 2023 2023 2023 2023 2023 net can call the Division’s Customer Service Center at (609) If accounting Jan. 31, Feb. 28, Mar. 31, Apr. 30, May 31, June 30, period ends on: 2023 2023 2023 2023 2023 2023 292-6400. Due date for June 15, July 15, Aug. 15, Sept. 15, Oct. 15, Nov. 15, filing is: 2023 2023 2023 2023 2023 2023 Taxpayers with a prior year liability of $10,000 or more in any tax are required to make their payments for all taxes by Elec- Calendar or fiscal accounting year is the same accounting pe- tronic Funds Transfer (EFT). For information or to enroll in the riod that the taxpayer is required to report to the United States program, visit the Division of Revenue and Enterprise Services’ Treasury Department for federal income tax purposes. Please website, call (609) 292-9292, fax (609) 984-6681, or write to NJ note the ending month of the accounting period for federal re- Division of Revenue and Enterprise Services, EFT Section, PO turns and New Jersey returns must match, however, the tax re- Box 191, Trenton, NJ 08646-0191. turn year for the federal and State returns may differ. (i.e., a tax year ending 8/31/22 may be filed on a 2021 federal Form 1120; Note: Taxpayers who are required to remit payments by EFT the same tax year must be filed on a 2022 NJ CBT-100.) All can satisfy the EFT requirement by making e-check or accounting periods must end on the last day of the month, ex- credit card payments. cept that taxpayers may use the same 52-53 week accounting 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 properly Penalties and Interest input dates for 52-53 week accounting years. In this case, tax- Insufficiency Penalty. If the amount paid with the Tentative payers will need to contact the Division for assistance. Returns Return, Form CBT-200-T, is less than 90% of the tax liability for prior tax years are available on the Division’s website. computed on Form CBT-100, or in the case of a taxpayer whose preceding return covered a full 12-month period, is less Extension of Time to File than the amount of the tax computed at the rates applicable to The Tentative Return and Application for Extension of Time to the current accounting year but on the basis of the facts shown File, Form CBT-200-T, must be filed and paid electronically. and the law applicable to the preceding accounting year, the You can also check with your software provider to see if the taxpayer may be liable for a penalty of 5% per month or part software you use supports filing of extensions. of a month not to exceed 25% of the amount of underpayment from the original due date to the date of actual payment. Corporations will automatically receive a six-month extension only if they have paid at least 90% of the tax liability and timely Late Filing Penalty. 5% per month or part of a month on the filed Form CBT-200-T. amount of underpayment not to exceed 25% of that underpay- ment, except if no return has been filed within 30 days of the An extension of time is granted only to file your New Jersey date on which the first notice of delinquency in filing the return Corporation Business Tax return. There is no extension of time was sent, the penalty will accrue at 5% per month or part of a to pay the tax due. The Division will notify you only if we deny month of the total tax liability not to exceed 25% of such tax your extension request, but not until after you actually file your liability. Also, a penalty of $100 for each month the return is de- return. Penalties and interest are imposed whenever tax is paid linquent may be imposed. after the original due date. Late Payment Penalty. 5% of the balance of tax due paid after Note: An extension payment must include any applicable pro- the due date for filing the return may be imposed. fessional corporation (PC) fees and/or installment pay- ments. See the online application for more information. Interest. 3% above the average predominant prime rate for every month or part of a month the tax is unpaid, compounded annually. At the end of each calendar year, any tax, penalties Payment of Tax and interest remaining due will become part of the balance on The balance of tax due must be paid in full by the original due which interest will be charged. The interest rates assessed by date of the return. the Division of Taxation are published online. - 3 - |
Enlarge image | Note: The average predominant prime rate is the rate as 6. To change credit request to refund request or refund determined by the Board of Governors of the Federal request to credit request Reserve System, quoted by commercial banks to large 7. Change in filing period businesses on December 1st of the calendar year im- 8. Change in tax credits reported mediately preceding the calendar year in which payment 9. Adding or subtracting a combined return member was due or as redetermined by the Director in accor- 10. Other dance with N.J.S.A. 54:48-2. Provide the remaining information requested on the top por- Collection Fees. In addition, if the tax bill is sent to our col- tion of the return. The federal business activity code should lection agency, a referral cost recovery fee of 11% of any tax, be taken from the taxpayer’s federal tax return. Provide the penalties, and interest due will be added to the liability in accor- location of the corporate books as well as a contact person dance with N.J.S.A. 54:49-12.3. If a certificate of debt is issued and phone number. If the corporation is a professional corpo- for the outstanding liability, a fee for the cost of collection of the ration, investment company, regulated investment company, tax may also be imposed. real estate investment trust, federal 1120-S filer, or is claiming P.L. 86-272, check the appropriate box. Underpayment of Estimated Tax. To calculate the amount of interest for the underpayment of estimated tax, complete either See the Corporations Required to File section for information Form CBT-160-A or Form CBT-160-B. If the taxpayer qualifies on the types of corporations. for any of the exceptions to the imposition of interest for any of the installment payments, Part II must be completed and sub- All corporations must complete page 1, the Annual General mitted with the return as evidence of such exception. Questionnaire, and Schedules A (Parts I, II, and III), A-2, A-3, A-4, and J of the return. 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 Line 1 – Tax Base assessment in accordance with N.J.S.A. 54:49-9.1. Enter amount from line 4 of Schedule A, Part III. Transacting Business Without a Certificate of Authority. In Line 2 – Amount of Tax addition to any other liabilities imposed by law, a foreign corpo- Multiply line 1 by the applicable tax rate: ration that transacts business in this State without a certificate of authority shall forfeit to the State a penalty of not less than • If line 1 is greater than $100,000, the tax rate is 9% (.09). $200, nor more than $1,000 for each calendar year, not more • If line 1 is greater than $50,000 and less than or equal than 5 years prior thereto, in which it shall have transacted to $100,000, the tax rate is 7.5% (.075). Tax periods of less business in this State without a certificate of authority. N.J.S.A. than 12 months qualify for the 7.5% rate if the prorated tax- 14A:13-11(3). able net income does not exceed $8,333 per month. • If line 1 is $50,000 or less, the tax rate is 6.5% (.065). Tax periods of less than 12 months qualify for the 6.5% rate if Amended Returns To amend CBT-100 returns, use the CBT-100 form for the ap- the prorated taxable net income does not exceed $4,166 propriate tax year. per month. Line 3 – Tax Credits Beginning with returns for a Tax Year 2019 and after, taxpayers Enter the amount from Schedule A-3, Part I, line 30. Include must submit amended returns electronically. the applicable credit form(s) with the return. See Schedule A-3 Final Determination of Net Income by Federal Government. instructions for more information. Any change or correction made by the Internal Revenue Ser- Line 4 – CBT Tax Liability vice to the federal taxable income must be reported to the Divi- Subtract line 3 from line 2. sion within 90 days. Line 5a – Surtax Every business entity that is subject to the Corporation Busi- Page 1 Line-by-Line Instructions ness Tax is also subject to the surtax if the business entity has Enter the federal employer identification number, New Jersey an allocated taxable net income in excess of $1,000,000. corporation number, corporation name, and complete address Public utilities and New Jersey S corporations (as defined in and ZIP Code in the space provided on the return. N.J.S.A. 54:10A-4(q) and N.J.S.A. 54:10A-4(p), respectively) are exempt from the surtax. Check the appropriate box to indicate whether this is the initial return or an amended return. Multiply the amount on Schedule A, Part III, line 2a, 2b, or 2c (whichever is applicable) by the surtax rate. The rate is 2.5% If filing an amended return, enter the applicable code in the for tax years beginning on or after January 1, 2018, through boxes provided. If using code 10, “Other,” enter the reason in December 31, 2023. the lines provided. If more space is needed, include a rider. Line 5b – Pass-Through Business Alternative Income Tax 1. Change in allocation factor Credit Applied to Surtax 2. IRS audit Enter the amount from Form 329. Do not enter more than the 3. Amended federal 1120 filed amount of surtax on line 5a. Include Form 329 with the return. 4. To take credit for payments/payments made by a See Form 329 instructions for more information. partnership 5. Adjustments to ENI Line 5c – Balance of Surtax Subtract line 5b from line 5a and enter the result. - 4 - |
Enlarge image | Line 6a – Total Minimum Tax Note: Check the box on page 1 to indicate the corporation is a Enter the total minimum tax. professional corporation. The minimum tax is assessed based on the New Jersey Gross See Schedule PC instructions for information about filing re- Receipts from Schedule J, line 1f as follows: quirements and examples of professional corporations. New Jersey Gross Receipts Minimum Tax Line 9 – Total Tax and Professional Corporation Fees Less than $100,000 $500 Enter the total of lines 6b, 7, and 8. $100,000 or more but less than $250,000 $750 $250,000 or more but less than $500,000 $1,000 Line 10a – Payments and Credits $500,000 or more but less than $1,000,000 $1,500 Include on this line: $1,000,000 or more $2,000 • Installment tax payments made for 2022; If a taxpayer is filing a separate return and is a member of an • affiliated or controlled group (as per I.R.C. § 1504 or § 1563) Amounts paid with tentative return (form CBT-200-T); that has a total payroll of $5,000,000 or more for the tax year, • Any overpayment from the preceding tax return that the the minimum tax is $2,000 regardless of the amount of the tax- taxpayer elected to have credited to the current year’s tax. payer’s New Jersey gross receipts. Tax years of less than 12 Do not include any amount of the overpayment that the tax- months are subject to the higher minimum tax if the prorated payer elected to have refunded. total payroll exceeds $416,667 per month. Total payroll refers to the total payroll of the affiliated group rather than total New Note: Professional corporation installment payments from the Jersey payroll of a single corporation. Taxpayers that are mem- prior year may not be used to offset any current year tax bers of an affiliated or controlled group must submit a schedule liability and are not eligible for refund. of payroll per member and a copy of the taxpayer’s federal Line 10b – Payments made by Partnerships affiliations schedule, Form 851, with the return. Include the total payments made by partnerships on behalf of The minimum tax cannot be prorated. In general, zero (0) the taxpayer that are reported in column 7 on Schedule P-1. returns are not permitted. Submit copies of the NJK-1s or K-1s (as applicable) reflecting payments made by each partnership entity. Note: If claiming a tax credit that can reduce the tax to zero, do not enter an amount on this line. Line 10c – Refundable Tax Credits Enter the amount from Schedule A-3, Part II, line 6. Include Line 6b – Tax Due the applicable credit form(s) with the return. See Schedule A-3 Add the balance of surtax on line 5c to the greater of line 4 or instructions for more information. minimum tax due from line 6a. Amount Due or Overpayment – Lines 11–17 Note: If taxpayer is using a tax credit that can be applied to Compare lines 10d and 9. 100% of the tax liability, add line 4 and line 5c and enter the total on line 6b. • If line 10d is less than line 9, you have a balance due. Com- plete lines 11, 12, and 13. Line 7 – Installment Payment • If line 10d is more than line 9, you have an overpayment. Taxpayers are required to make installment payments of es- Complete line 12 (if applicable) and lines 14 through 17. timated tax. The requirement for making these payments is based on the amount of the total tax liability shown on the most Line 11 – Balance of Tax Due recent return. Subtract line 10d from line 9 and enter the difference. • If the 2022 Total Tax Liability is greater than $500, the Line 12 – Penalty and Interest Due taxpayer must make installment payments toward 2023. Include any penalties and interest. See the Penalties and Inter- These payments are to be made electronically on Form est section for information. CBT-150 and are due on or before the 15th day of the 4th, 6th, 9th and 12th months of the tax year. Taxpayers with Note: If the taxpayer has an overpayment or no tax liability gross receipts greater than or equal to $50,000,000 must and has calculated penalties and interest due, such make installment payments on the 15th day of the 4th, 6th, amounts must be added to the balance due line or sub- and 12th months of the tax year. Information on making tracted from the overpayment. these payments can be found on the Division’s website. Line 13 – Total Balance Due • If the 2022 Total Tax Liability is $500 or less, installment Enter the total of line 11 and line 12. payments may be made as indicated above OR in lieu of making installment payments, the taxpayer may make a Line 14 – Amount Overpaid payment of 50% of the 2022 total tax liability. For taxpayers Subtract the sum of line 9 and line 12 (if applicable) from the who qualify and want to take advantage of this option, enter amount on line 10d. on line 7, 50% of the amount on line 6b. This will become Line 15 – Refund part of the payment to be made with the 2022 return and Enter the amount of your overpayment that you want refunded. installment payments will not be required. This payment should be claimed as a credit when filing the 2023 return. Line 16 – Credit to 2023 Enter the amount of your overpayment that you want to credit Line 8 – Professional Corporation Fees to your 2023 tax liability. Enter amount from Schedule PC, Part II, line 7. - 5 - |
Enlarge image | Line 17 – Credit to a Combined Group and/or the gross I.R.C. § 250(b) (FDII) amounts. Include a copy Enter the amount of your overpayment that you want to credit of federal Forms 8993 and 8992 that were completed and sub- to a combined group. Also include the unitary ID number and mitted with federal Form 1120. Do not enter the net numbers. tax return year to which it is to be applied. The I.R.C. § 250(a) deductions are taken in Schedule A, Part II since the I.R.C. § 250(a) deductions permitted by N.J.S.A. Note: An overpayment of tax by a corporation can only be 54:10A-4.15 are special deductions taken below line 28 for fed- credited to a combined group of which the corporation is eral purposes. a member. To avoid double reporting the income on Sched- Certification of Inactivity ule A, Part I, taxpayers must reduce the amounts Inactive corporations must complete page 1, the Annual Gen- reported on any other lines by the amount of the eral Questionnaire, and Schedules A (Parts I, II, and III), A-2, FDII and GILTI included on lines 4b and 4c. A-3, and A-4 of the CBT-100. A corporate officer must sign and certify that the corporation did not conduct any business, did not have any income, receipts, or expenses, and did not own Current year I.R.C. § 951A and I.R.C. § 250(b) amounts are any assets during the entire period covered by the tax return. not dividends nor are they deemed dividends; they are their own category of income. FDII and GILTI are included on dif- ferent lines for federal and New Jersey purposes. However Signature , Each return must be signed by an officer of the corporation the amount on line 28 must agree with the federal taxable who is authorized to attest to the truth of the statements con- income before federal net operating losses and federal tained therein and to acknowledge that they understand they special deductions line (line 28, page 1, of the taxpayer’s are required to include copies of their federal return(s), forms, unconsolidated federal Form 1120 or the appropriate line from and schedules. The fact that an individual’s name is signed on any other federal corporate return filed). the return shall be prima facie evidence that such individual is Note: There is an equivalent deduction allowable for New Jer- authorized to sign the return on behalf of the corporation. sey purposes in the amount of the deduction allowable Tax preparers who fail to sign the return or provide their and taken for federal purposes under I.R.C. § 250(a). assigned tax identification number shall be liable for a $25 In completing Schedule A, a taxpayer must include penalty for each such failure. If the tax preparer is not self-em- the gross amounts of the income reported for federal ployed, the name of the tax preparer’s employer and the purposes pursuant to I.R.C. § 951A and I.R.C. § 250. A employer’s tax identification number should also be provided. deduction is allowed based on the same amounts of the In the case of a corporation in liquidation or in the hands of a deductions that were taken and allowed for federal pur- receiver or trustee, certification shall be made by the person poses. See Schedule A, Part II, lines 14a and 14b. responsible for the conduct of the affairs of such corporation. Line 5 – Interest Include a copy of federal Form 8916A if it was completed. Annual General Questionnaire Line 8 and Line 9 Part I Include a rider or schedules showing the same information All taxpayers must answer all questions on this schedule. If shown on federal Form 1120, Schedule D and/or Form 4797. necessary, include a rider detailing the information requested in Gains and losses resulting from the disposition of property the questions. where an I.R.C. § 179 expense deduction was passed through to S corporation shareholders are not reported on federal Form Part II 4797, and should be reported on Schedule A, Part I, line 10. Regulated investment companies must answer all questions If a sale of shares of stock or partnership interest resulted in a in Part II. If the taxpayer does not meet all the requirements, it taxable transfer of a controlling interest in certain commercial cannot file as a regulated investment company. real property under N.J.S.A. 54:15C-1, indicate on a rider. Note: Check the box on page 1 to indicate the corporation is a Line 18 – Interest regulated investment company. Include a copy of federal Form 8916A and/or federal Form 8990 if completed. Schedule A Line 28 – Taxable income before federal net operating loss Every taxpayer must complete this schedule. deductions and federal special deductions The amount on line 28 must agree with line 28, page 1, of the Part I – Computation of Entire Net Income taxpayer’s unconsolidated federal Form 1120 or the appropri- Lines 4b and 4c – FDII and GILTI ate line from any other federal corporate return filed. For tax years beginning on and after January 1, 2018, the If the corporation has not filed a separate federal income tax gross I.R.C. § 951A and the gross I.R.C. § 250(b) amounts return, taxpayer must explain and reconcile the differences on included in income for federal purposes must be included for a rider. New Jersey purposes. Enter the gross I.R.C. § 951A (GILTI) - 6 - |
Enlarge image | Taxpayers must include a copy of the federal • I.R.C. § 199A amounts that were deducted for federal return and any forms or schedules that accompa- purposes; nied the return that was filed with the Internal Rev- • Any deductions for research and experimental expenditures, enue Service. Failure to include the forms and to the extent that those research and experimental expen- schedules will result in an incomplete New Jersey Corpora- ditures are qualified research expenses or basic research tion Business Tax return and the taxpayer may be assessed payments for which an amount of credit is claimed pursuant penalties and interest for noncompliance. See Technical Bul- to section 1 of P.L.1993, c.175 (C.54:10A-5.24) unless those letin, TB-98, Federal Return and the Forms and Schedules to research and experimental expenditures are also used to Include with the Corporation Business Tax Return Pursuant compute a federal credit claimed pursuant to I.R.C. § 41. to P.L. 2020, C. 118. Include separate riders explaining any items reported. Part II – Modifications to Entire Net Income Line 11 – Taxable income/(loss) with additions Additions Add line 1 through line 10 and enter the total. Line 1 – Taxable income/(loss) Enter the amount from Schedule A, Part I, line 28. Deductions Line 12 – Depreciation modification being subtracted from Line 3 – Other federally exempt income income For tax years beginning on and after January 1, 2018, all in- Enter the depreciation and other adjustments being sub- come that was exempt for federal income tax purposes under tracted from income. See Schedule S instructions for more any provision of the Internal Revenue Code or any federal law information. must be added back. If such amounts were not added back on any other line of Schedule A, include such amounts on line 3 Line 13 – Previously Taxed Dividends and include a rider detailing such amounts and such provisions If line 1 includes any dividends that were previously taxed for of the Internal Revenue Code. New Jersey purposes, complete Schedule PT and Schedule R to determine the amount that can be deducted. Include only Note: Items of income excluded from federal taxable net in- dividends that were taxed in a prior tax year by New Jersey. come pursuant to the specific terms of a treaty do not Do not include any federal previously taxed income that was have to be added back to entire net income. not taxed by New Jersey. Schedule PT is available on the Divi- sion’s website. Line 4 – Interest on federal, state, municipal, and other obligations Lines 14a and 14b – I.R.C. § 250(a) deduction Include any interest income that was not taxable for federal in- If line 1 includes GILTI and/or FDII amounts, enter the amount come tax purposes and was not included in taxable net income of the deduction allowable and taken for federal purposes un- reported on line 1. der I.R.C. § 250(a) on the appropriate line. Include a copy of federal Form 8992 and/or 8993. Line 5 – New Jersey State and other states taxes Enter the total taxes paid or accrued to the United States, a Line 14c – Net GILTI previously taxed by New Jersey possession or territory of the United States, a state, a political Enter the amount of net GILTI previously taxed by New Jersey subdivision thereof, or the District of Columbia, or to any for- not deducted or excluded elsewhere on the return. Attach a eign country, state, province, territory or subdivisions thereof, rider detailing the amount of GILTI that was previously taxed on or measured by profits or income, business presence or and the years in which the tax was paid. business activity, including any foreign withholding tax, or any sales and use tax paid by a utility vendor, taken as a deduction Line 15 – I.R.C. § 78 Gross-up in Part I of Schedule A and reflected in line 28. For additional The portion of any I.R.C. § 78 gross-up included in dividend information see Technical Bulletin TB-80, Addback of Other income on line 4 of Schedule A, Part I, that is not excluded/de- States’ Taxes, and the Schedule H instructions. ducted from taxable net income elsewhere, may be deducted on this line. Include a copy of federal foreign tax credit, Form Line 6 – Related party interest addback 1118. Enter the total amount of interest deducted on Schedule A that was paid to related members and reported on Schedule G, Note: I.R.C. § 78 gross-up amounts cannot be included in Part I. See Schedule G instructions for more information. the dividend exclusion calculation on Schedule R or Form 332, which is the form used to calculate the Tiered Line 7 – Related party intangible expenses and costs Subsidiary Dividend Pyramid Tax Credit. In addition, if addback any portion of the Section 78 amount is included in the Enter the total amount of intangible expenses and costs de- taxpayer’s Section 250 deduction, the amount being de- ducted on Schedule A that was paid to related members and ducted on line 15 must be reduced accordingly. reported on Schedule G, Part II. See Schedule G instructions for more information. Line 17a – Nonoperational Activity Enter the net effect of the elimination of nonoperational activity Line 9 – Depreciation modification being added to income from Schedule O, Part I, line 36. Schedule O is available on Enter the depreciation and other adjustments being added to the Division’s website. income. See Schedule S instructions for more information. Line 17b – Nonunitary Partnership Income Line 10 – Other additions Enter the net effect of the elimination of nonunitary partnership Report any other additions to income for which a place has not income and expenses from Schedule P-1, Part II, line 4. been provided somewhere else on the return. This includes, but is not limited to: - 7 - |
Enlarge image | Line 18 – Other deductions • If the amount is zero or less, skip lines 25 through 28 and Report any other deduction adjustments for which a place has enter zero on line 29. not been provided somewhere else on the return. The taxpayer must include a rider detailing the information. • If the amount is a positive number, continue to line 25. Line 25 – Post-allocation net operating loss (NOL) Line 19 – Total Deductions Add line 12 through line 18 and enter the total. deduction Taxpayers with net operating losses generated in tax years Line 20 – Entire Net Income/(Loss) Subtotal ending on and after July 31, 2019, can use such losses as a Subtract line 19 from line 11 and enter the total. post-allocation net operating loss deduction. A post allocation net operating loss can be carried forward for 20 privilege pe- Line 21 – Allocation Factor from Schedule J riods. The post allocation net operating loss deduction is sub- All taxpayers must complete Schedule J. Enter allocation tracted from allocated entire net income after the taxpayer uses factor from Schedule J. See Schedule J instructions for more all of its PNOLs if the taxpayer still has allocated entire net information. income after the PNOL subtraction. See Form 500 instructions for more information. Line 22 – Allocated entire net income/(loss) before net op- erating loss deductions and dividend exclusion Note: If the taxpayer was formerly a taxable member of a New Multiply line 20 by line 21 and enter the result. Jersey combined group, they can use their share of the combined group post-allocation net operating loss carry- • If the amount is zero or less, this is the taxpayer’s current overs but must include a rider detailing the NU number year net operating loss that can be carried forward as a of the combined group where the NOLs were generated. post-allocation net operating loss (NOL) deduction to a suc- ceeding tax period pursuant to N.J.S.A. 54:10A-4(v). Line 26 – Allocated entire net income before allocated div- idend exclusion • If the amount is a positive number, the taxpayer must Subtract line 25 from line 24 and enter the result. If the amount first use any unused unexpired prior net operating loss is zero or less, enter zero here and on line 29. conversion carryovers pursuant to N.J.S.A. 54:10A-4(u). This deduction occurs on Schedule A, Part II, line 23. If the Line 27 – Allocated Dividend Exclusion taxpayer does not have any unused unexpired prior net op- Enter the amount from Schedule R, line 13. See Schedule R erating loss conversion carryovers, enter zero. instructions for more information. Note: A net operating loss is the excess of allowable deduc- Note: The amount of the dividend exclusion allowed to be tions over gross income used in computing entire net taken as a deduction is limited to the amount of income income. Neither a net operating loss deduction nor the reported on line 26 for the tax year. dividend exclusion is an allowable deduction in comput- ing a net operating loss. Post-allocation net operating Pursuant to N.J.S.A. 54:10A-4(k)(5), N.J.S.A. 54:10A-4(u), losses expire 20 privilege periods after the loss was N.J.S.A. 54:10A-4(v), and N.J.S.A. 54:10A-4(w), the dividend originally generated. Information on the net operating exclusion is now an allocated exclusion. losses must be detailed on Form 500. Line 29 – Taxable net income Net operating losses/net operating loss carryovers Subtract line 27 from line 26 and enter the result. now occur on a post-allocation basis. If the tax- payer has net operating losses from before Part III – Computation of New Jersey Tax Base July 31, 2019, those unused unexpired pre-alloca- Line 1 – Taxable net income tion net operating loss carryovers must be converted to prior Enter the amount from Schedule A, Part II, line 29. Most net operating loss conversion carryovers using the allocation taxpayers will also enter this amount on line 2c. Investment factor from the taxpayer’s last tax year prior to the change to companies and real estate investment trusts must follow the post-allocation net operating losses. For more information, instructions on line 2a or line 2b, respectively. see Technical Bulletin, TB-94, General Information on the New Net Operating Loss Regime for Tax Years Ending on Line 2a – Investment Company and After July 31, 2019. Qualified investment companies enter 40% of line 1. See the Corporations Required to File section for information about in- Line 23 – Prior year net operating loss (PNOL) deduction vestment companies. Any unused and unexpired net operating loss carryovers that were calculated on a pre-allocation basis (net operation losses Note: Check the box on page 1 to indicate the corporation is from tax years ending prior to July 31, 2019) were required to an investment company. be converted to an allocated prior net operating loss conver- Line 2b – Real Estate Investment Trust sion carryover (PNOL). If the taxpayer has no PNOL, enter Qualified real estate investment trusts enter 4% of line 1. See zero. See Form 500 instructions for more information. the Corporations Required to File section for information about Note: PNOLs expire 20 privilege periods after the loss was real estate investment trusts. originally generated. Note: Check the box on page 1 to indicate the corporation is a real estate investment trust. Line 24 – Allocated entire net income before post alloca- tion net operating loss deduction Line 2c – All Others Subtract line 23 from line 22 and enter the result. Enter the amount from line 1 if the taxpayer is not filing as ei- ther an investment company or a real estate investment trust. - 8 - |
Enlarge image | Line 3a – New Jersey Nonoperational Income Enter the amount from Schedule O, Part III. See Schedule O Schedule A-4 for more information. This schedule is available on the Divi- Summary Schedule sion’s website. Every corporation must complete this schedule. Report the in- formation on each line of Schedule A-4 from the return sched- Note: Taxpayers cannot net nonoperational losses against op- ules indicated. All lines must be completed as applicable. erational income. Line 3b – Nonunitary Partnership Income Schedule A-GR Enter the amount from Schedule P-1, Part II, line 5. See Schedule A-GR has been discontinued. All taxpayers must Schedule P-1 instructions for more information. complete Schedule J. Note: Taxpayers cannot net nonunitary partnership losses against operational income. Schedule B Schedule B has been discontinued. The Division will use data Line 4 – Tax Base from federal Form 1120, Schedule L. Add lines 3a and 3b to line 2a, 2b, or 2c, whichever is applicable. Schedules C and C-1 Schedules C and C-1 have been discontinued. TheDivision will Schedule A-2 use data from federal Form 1120, Schedules M-1, M-2, and Cost of Goods Sold M-3. The amounts reported on this schedule must be the same as the amounts reported on the taxpayer’s federal Form 1125-A. Include Form 1125-A with the return. Schedule F General Information and Compensation All applicable information should be provided for each corpo- Schedule A-3 rate officer regardless of whether compensation was received. Summary of Tax Credits The data reported on Schedule F must match what is reported This schedule must be completed if any tax credits are being on federal Form 1125-E. Include Form 1125-E with your return. claimed for the current tax period. Any tax credit(s) claimed on this schedule must be documented with a valid New Jersey Corporation Business Tax credit form and must be included Schedule G with the tax return. See the Additional Forms and Instructions section for a list of available credit forms and for instructions Interest If the taxpayer is claiming an exception to the disallowance of on obtaining them. If the taxpayer is claiming a valid tax credit the expense reported in Part I or Part II of Schedule G, the tax- that is allowable in accordance with the New Jersey Corpora- payer must complete and include Schedule G-2. Schedule G-2 tion Business Tax Act for which a place has not been provided is available on the Division’s website. somewhere else on the schedule, report the amount on the “Other” line in the appropriate section of Schedule A-3. Definitions Related member means a person that, with respect to the Taxpayers must include the appropriate credit taxpayer during all or any portion of the tax year is (1) a related form in the year the credit was earned even if they entity, (2) a component member as defined in subsection (b) of are not claiming the credit on their tax return. I.R.C. § 1563, (3) a person to or from whom there is attribution of stock ownership in accordance with subsection (e) of I.R.C. § 1563, or (4) a person that, notwithstanding its form of organi- Part I – Tax Credits Used Against Liability zation, bears the same relationship to the taxpayer as a person The total on line 30 must equal the amount reported on page 1, described in (1) through (3) of this definition. line 3. Amounts to be entered are calculated on the credit forms. See the specific New Jersey Corporation Business Tax Related entity means (1) a stockholder who is an individual credit form for information about each credit. or a member of the stockholder’s family enumerated in I.R.C. § 318, if the stockholder and the members of the stockholder’s Note: Most tax credits cannot reduce the tax liability below the family own, directly, indirectly, beneficially or constructively, minimum tax. However, there are rare instances where in the aggregate, at least 50% of the value of the taxpayer’s it can. If claiming a tax credit that can reduce the tax to outstanding stock; (2) a stockholder, or a stockholder’s partner- zero, do not enter an amount on page 1, line 6a. ship, limited liability company, estate, trust or corporation, if the stockholder and the stockholder’s partnerships, limited liability Part II – Refundable Tax Credits companies, estates, trusts and corporations own directly, indi- If the credit form calculates an amount to be refunded, enter rectly, beneficially or constructively, in the aggregate, at least the refundable portion on the appropriate line. The total on 50% of the value of the taxpayer’s outstanding stock; or (3) a line 6 must equal the amount reported on page 1, line 10c. corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules I.R.C. § 318, if the taxpayer owns, directly, in- directly, beneficially or constructively, at least 50% of the value of the corporation’s outstanding stock. The attribution rules of - 9 - |
Enlarge image | I.R.C. § 318, shall apply for purposes of determining whether the ownership requirements of this definition have been met. Schedule J Computation of Allocation Factor Intangible expenses and costs includes (1) expenses, All taxpayers must complete this schedule. losses, and costs, for, related to, or in connection directly or in- directly with the direct or indirect acquisition, use, maintenance Only activities related to operational activity are to be used in or management, ownership, sale, exchange, or any other dis- computing the general allocation factors. If the taxpayer has position of intangible property to the extent such amounts are nonoperational activity, see Schedule O. If the taxpayer has allowed as deductions or costs in determining taxable income nonunitary partnership income, see Schedule P-1. before operating loss deduction and special deductions for the Lines 1a–1e – Receipts Fraction tax year under the federal Internal Revenue Code of 1986, 26 Receipts from sales of tangible personal property are allo- U.S.C. s.1 et seq., (2) losses related to, or incurred in connec- cated to New Jersey if the goods are shipped to points within tion directly or indirectly with factoring transactions or discount- New Jersey. Receipts from the sale of goods are allocable to ing transactions, (3) royalty, patent, technical and copyright New Jersey if shipped to a New Jersey or a non-New Jersey fees, (4) licensing fees, and (5) other similar expenses and customer where possession is transferred in New Jersey. costs. Receipts from the sale of goods shipped to a taxpayer from Intangible Property means patents, patent applications, trade outside New Jersey to a New Jersey customer by a common names, trademarks, service marks, copyrights, mask works, carrier are allocable to New Jersey. Receipts from the sale trade secrets, and similar types of intangible assets. of goods shipped from outside New Jersey to a New Jersey location where the goods are picked up by a common carrier Intangible Interest Expenses and Costs means amounts and transported to a customer outside New Jersey are not allo- directly or indirectly allowed as deductions under I.R.C. § 163 cable to New Jersey. Receipts from the following are allocable for purposes of determining taxable income under the code to to New Jersey: services performed if the benefit of the service the extent such expenses and costs are directly or indirectly is received in New Jersey; rentals from property situated in for, related to, or in connection with the direct or indirect acqui- New Jersey; royalties from the use in New Jersey of patents, sition, maintenance, management, ownership, sale, exchange, copyrights, and trademarks; all other business receipts earned or disposition of intangible property. in New Jersey. Receipts from Sales of Capital Assets: Receipts from sales Part I – Interest of capital assets (property not held by the taxpayer for sale to Interest paid, accrued, or incurred to related members that was deducted in computing taxable net income on line 28, customers in the regular course of business), either within or Part I, Schedule A, must be reported on Schedule G, Part I. If outside New Jersey, should be included in the numerator and the taxpayer is claiming an exception to the disallowance, com- the denominator based on the net gain recognized and not on plete and include Schedule G-2, and include the appropriate gross selling prices. If the taxpayer’s business is the buying amount on Schedule G, Part I, line b. Schedule G-2 is available and selling of real estate or the buying and selling of securities on the Division’s website. for trading purposes, gross receipts from the sale of such as- sets should be included in the numerator and the denominator Do not include interest expenses and costs that were deducted of the receipts fraction. directly or indirectly for, related to, or in connection with the direct or indirect acquisition, maintenance, management, own- For tax years ending on and after July 31, 2019, services are ership, sale, exchange, or disposition of intangible property in sourced based on market sourcing not cost of performance. Part I of Schedule G. Note: The amount of dividends (deemed and/or paid divi- dends) excluded from entire net income pursuant to Part II – Interest expenses and costs and N.J.S.A. 54:10A-4(k)(5), are not included in the numer- intangible expenses and costs ator or denominator of the receipts fraction. However, Interest expenses and costs and intangible expenses and the dividend (deemed and/or paid dividends) values costs directly or indirectly paid, accrued, or incurred to, or in that are not excluded are included in the numerator or connection directly or indirectly with one or more direct or in- denominator. direct transactions with one or more related members which were deducted in computing taxable net income on line 28, Schedule J must be completed after calculating the Part I, Schedule A, must be reported on Schedule G, Part II. If DIVIDEND EXCLUSION line on Schedule R but the taxpayer is claiming an exception to the disallowance, com- before calculating the line for the ALLOCATED plete and include Schedule G-2, and include the appropriate DIVIDEND EXCLUSION. The amount from the amount on Schedule G, Part II, line b. Schedule G-2 is avail- DIVIDEND EXCLUSION line from Schedule R is the amount to able on the Division’s website. use when calculating the dividends and deemed dividends excluded from the numerator and/or denominator for the purposes of completing Schedule J. Schedule H Taxes GILTI and FDII: Include the GILTI and the receipts attribut- Itemize all taxes that were in any way deducted in arriving at able to the FDII, net of the respective allowable I.R.C. §250(a) taxable net income, whether reflected in Schedule A, Part I at deductions, in the allocation factor. The net amount of GILTI line 2 (Cost of goods sold and/or operations), line 17 (Taxes), (i.e., the GILTI reduced by the I.R.C. § 250(a) GILTI deduc- line 26 (Other deductions), or anywhere else on Schedule A. tion) and the net FDII (i.e., the receipts attributable to the FDII reduced by the I.R.C. § 250(a) FDII deduction) amounts are included in the numerator (if applicable) and the denominator. Do not include the underlying receipts of the controlled foreign - 10 - |
Enlarge image | corporation generating the GILTI in the numerator or denomi- calculated using a quarterly average. The fee for each resident nator. See Technical Bulletin, TB-92(R), Sourcing IRC § 951A and nonresident professional with physical nexus with New (GILTI) and IRC §250 (FDII), for more information. Jersey is $150. The fee for each nonresident professional without physical nexus with New Jersey is $150 multiplied by Line 1h – Single Sales Fraction the allocation factor of the corporation. The fee is limited to Divide line 1f (New Jersey based receipts) by line 1g (Total Re- $250,000 per year. ceipts everywhere) and enter the result. When computing the allocation factor in Schedule J, division must be carried to six In the event of a period shorter than a year, the fee and limit (6) decimal places, e.g., 0.123456. may be prorated by months. A fraction of a month is deemed to be a month. Check the box on page 1 to indicate the corporation is a pro- Schedule P-1 fessional corporation. Partnership Investment Analysis Part I – Partnership Information Part II, line 4 – Installment Payment: A 50% prepayment to- Itemize the investment in each partnership, limited liability wards the subsequent year’s fee is required with the current company and any other entity that is treated for federal tax year’s return. purposes as a partnership. List the name, the federal identi- fication number, and the date and state where organized for Part II, line 8 – Credit: Amount to be credited towards next each partnership. Also, check the type of ownership (general or year’s fee. This fee is not eligible for refund. limited), the tax accounting method used to reflect your share of partnership activity on this return (flow through method or separate accounting) and whether or not the partnership has Schedule P nexus in New Jersey. Itemize in column 7 the amount of tax Subsidiary Investment Analysis payments made on behalf of the taxpayer by partnership enti- Itemize the investment in each subsidiary company in which ties. Carry the total amount of taxes paid on behalf of taxpayer the taxpayer holds 80% or more of the combined voting power to page 1, line 10b. Include a copy of Schedule NJK-1 from of all classes of stock entitled to vote and at least 80% of the Form NJ-1065. Any one member limited liability company must total number of shares of all other classes of stock. For each be included on this schedule. subsidiary, report the name, the percentage of interest held in each company, the individual book value included in the Part II – Separate Accounting of Nonunitary balance sheet for each subsidiary investment, and the amount Partnership Income of dividends paid and/or deemed received that is included Taxpayers that use a Separate Tax Accounting Method on in gross income on Schedule A. Do not include advances or nonunitary partnership investments must complete Part II to other receivables due to subsidiaries in the book value re- compute the appropriate amount of tax. Pursuant to N.J.S.A. ported at column 3. Federal previously taxed dividends must 54:10A-6, taxpayers must enter a single sales factor allocation be included. However, dividends that have been previously in column 3. Do not use three factor allocation (property, pay- taxed by New Jersey are not included on Schedule P, but must roll, and sales) from the partnership return (Form NJ-1065). be reported on Schedule PT. In addition, do not include the following: • Money market fund or REIT income; Schedule PC Per Capita Licensed Professional Fee • GILTI or FDII (this is not considered income from dividends Professional corporations (PC) formed under N.J.S.A. or deemed dividends for New Jersey Corporation Business 14A:17-1 et seq. or any similar laws of a possession or territory Tax purposes); or of the U.S., a state, or political subdivision thereof, are liable • The portion of I.R.C. § 78 gross-up deducted on Sched- for a fee on licensed professionals. ule A, Part II, line 15. Per N.J.S.A. 14A:17-3, examples of licensed professionals are: New Jersey follows the federal ownership attribution rule certified public accountants, architects, optometrists, profes- changes under I.R.C. § 958(b) and I.R.C. § 318 that broadened sional engineers, land surveyors, land planners, chiropractors, the federal attribution rules that were retroactive to January 1, physical therapists, registered professional nurses, dentist, 2017, in addition to the already broad Corporation Business osteopaths, physicians and surgeons, doctors of medicine, Tax attribution rules. doctors of dentistry, podiatrists, veterinarians and, subject to the Rules of the Supreme Court, attorneys at law. Part I is for reporting information from domestic subsidiaries. Part II is for reporting information on foreign subsidiaries. Note: Licenses acquired through vocational training and/or apprenticeships within those trades are not considered licensed professionals. Examples include plumbers, Schedule R electricians, HVAC technicians, cosmetologists, fire and Dividend Exclusion burglar alarm services, acupuncturists, hair stylists, ele- For privilege periods ending on and after July 31, 2019, the vator, escalator, and moving walkway mechanics, lock- dividend exclusion is a post-allocation exclusion. smiths, and court reporters. Dividends from all sources must be included in Schedule A. The fee is assessed provided there are more than two pro- However, taxpayers may exclude from entire net income 95% fessionals in the PC. The fee is assessed on professionals of dividends from qualified subsidiaries, if such dividends were that are owners, shareholders, and/or employees of the pro- included in the taxpayer’s gross income on Schedule A. fessional corporation. The number of professionals should be - 11 - |
Enlarge image | Taxpayers cannot include the following as part of the dividend Part I – Depreciation and Safe Harbor Leasing exclusion: New Jersey has decoupled from I.R.C. §168(k) • Money market fund or REIT income; bonus depreciation and I.R.C. § 179 expensing provisions. See N.J.S.A. 54:10A-4(k)(12) and • GILTI or FDII (as this is not considered income from div- N.J.S.A. 54:10A-4(k)(13). Adjustments must be idends or deemed dividends for New Jersey Corporation made accordingly. Business Tax purposes); or • The portion of I.R.C. § 78 gross-up deducted on line 15, Line 1 through Line 6 – These lines detail the depreciation Part II, Schedule A. deduction reflected in the Computation of Entire Net Income (Schedule A, Part I) into several categories. In most circum- A qualified subsidiary is defined as ownership by the tax- stances, the information can be found on federal Form 4562. payer of at least 80% of the total combined voting power of all classes of stock entitled to vote and at least 80% of the Line 7 – Enter the amount reported on the federal Form 4562. total number of shares of all other classes of stock, except Line 8 – Enter the amount of current depreciation on property non-voting stock which is limited and preferred as to dividends. placed in service in prior years carried over into the current With respect to other dividends, the exclusion is limited to 50% period. of such dividends included in the taxpayer’s gross income on Schedule A, provided the taxpayer owns at least 50% of vot- Line 9 – Enter the amount from Depreciation Worksheet I, ing stock and 50% of the total number of shares of all other line 10, column F. classes of stock. Line 11 – IRC § 179 depreciation in excess of New Jersey If the taxpayer received tiered dividends from a tiered subsidi- allowable deduction. If line 1 is more than $25,000, enter ary that filed and paid tax in excess of the minimum tax to New $25,000. Otherwise, leave blank. Jersey on those same dividends, do not include these divi- dends on Schedule R. 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 The tiered dividend exclusion has been phased out and re- line 15. If it is negative, subtract it from the total. placed with the Tiered Subsidiary Dividend Pyramid Tax Credit on Form 332. The tiered dividends from certain subsidiaries Line 13 – Enter any adjustment to depreciation that is an addi- may be eligible for a tax credit, which is calculated separately tion. This can include, but is not limited to, partnership activity. on Form 332. See Form 332 for more information. This form is available on the Division’s website. Line 14 – Enter any adjustment to depreciation that is a deduc- tion. This can include, but is not limited to, partnership activity. New Jersey follows the federal ownership attribu- tion rule changes under I.R.C. §958(b) and I.R.C. Part II – New Jersey Depreciation for Gas, §318 that broadened the federal attribution rules Electric, and Gas and Electric Public Utilities that were retroactive to January 1, 2017, in addi- Gas, electric, and gas and electric utilities must complete this tion to the already broad Corporation Business Tax attribution schedule to compute their New Jersey depreciation allowable rules. for the single asset account, which is comprised of all depre- ciable property placed in service prior to January 1, 1998. The A 95% dividend exclusion will be granted for dividends that are basis of this asset account will be the total federal depreciable included in entire net income from an 80% or greater owned basis as of December 31, 1997, plus the excess of the book subsidiary. If the taxpayer owns 50%, but less than 80% of a depreciable basis over the federal tax basis as of December 31, subsidiary, they are entitled to a 50% exclusion. Any subsid- 1997. This basis will be reduced yearly by the federal basis of iary that is owned less than 50% is not entitled to a dividend these assets sold, retired or disposed of from January 1, 1998, exclusion. See N.J.S.A. 54:10A-4(k)(5), N.J.S.A. 54:10A-4(u), to date. N.J.S.A. 54:10A-4(v), and N.J.S.A. 54:10A-4(w) for more information. Note: Gas, electric and gas, and electric utilities may have adjustments from both Part I and Part II. If the taxpayer Schedule PT – Previously Taxed Dividends: If you had has amounts reported on Schedule S, Part II, lines 1 subsidiary dividend income that was reported in a previous tax through 5, enter the amount from Schedule S, Part I, year for New Jersey Corporation Business Tax purposes and line 23 onto Schedule S, Part II, line 6b, not Schedule A, for which you paid greater than the New Jersey minimum tax Part II, line 9 or line 12. in that tax year and those same dividends are included in your entire net income this tax year, complete Schedule PT in con- Worksheet I junction with Schedule R. See Schedule PT for more informa- Column A – Sort the property you acquired and placed in tion. This schedule is available on the Division’s website. service during the tax year 2022 according to its classification (3-year property, 5-year property, etc.) as shown in column A. Schedule S Column B – Use the federal basis adding back the special de- All taxpayers must complete this schedule and must in- preciation reduction. clude a copy of a completed federal Depreciation Schedule, Form 4562. Schedule S provides for adjustments to deprecia- Column C – Enter the bonus depreciation claimed (50% or tion and certain safe harbor leasing transactions. Gas, electric 30%). If both categories of bonus depreciation are claimed, and gas, and electric utilities must also complete Schedule S, provide a rider detailing the assets that used 50% and the as- Part II, for property placed in service prior to January 1, 1998. sets that used 30%. - 12 - |
Enlarge image | Column D – Enter the convention that was used for federal the federal rules that limits or reduces federal net operating purposes. The applicable conventions are Half-Year Conven- losses and federal net operating loss carryovers. tion, Mid-Quarter Convention, or the Mid-Month Convention. Section A – Computation of Prior Net Operating Column E – Enter the method that was selected for federal purposes. The applicable methods are 200% declining bal- Losses (PNOL) Deduction Only complete this section if the Allocated Entire Net Income/ ance, 150% declining balance, or straight-line. (Loss) before net operating loss deductions and dividend ex- Column F – Enter the amount of federal depreciation claimed clusion on Schedule A, Part II, line 22 is positive. on federal Form 4562. If the taxpayer had any PNOL, check the box marked “Yes” Column G – To determine the New Jersey depreciation, multi- and begin Form 500 at Section A, line 1. ply column B by the applicable rate from the appropriate table If the taxpayer had no PNOL, check the box marked “No.” (See IRS Pub. 946 for complete tables). Enter the total on Enter zero on Schedule A, Part II, line 23 and continue with Schedule S, Part I, line 9. Section B. Worksheet II Line 1 – Enter the total amount reported in Worksheet 500-P, Column D – Enter the federal depreciation claimed up to the Part II, column 3. date the property was sold. Line 2 – Enter the amount of PNOL reported on line 1 that was Column E – Enter the New Jersey depreciation claimed up to deducted in a previous year. the date the property was sold. Line 3 – Enter the amount of PNOL that has expired. Column F – Enter the difference between column D and col- umn E. If the amount is positive, there is an excess of depre- Line 4 – Enter the amount excluded from federal taxable in- ciation that must be added to the federal amount claimed on come under subparagraph (A), (B), or (C) of paragraph (1) of Part I, line 7. If the amount is negative, there is a deficiency subsection (a) of Internal Revenue Code (26 U.S.C. s.108). If that must be deducted from Part I, line 7. the amount is greater than the PNOL reported on line 1 (less lines 2 and 3), carry the remainder to Section B, line 5. Line 5 – Subtract the amounts reported on lines 2 through 4 Form 500 from the amount on line 1. This is the total amount of PNOL Post Allocation Net Operating Loss (NOL) and available for deduction in the current year. If the amount is less Prior Net Operating Loss Conversion Carryover than zero, enter zero. (PNOL) Deductions Post Allocation Net Operating Loss (NOL) are losses that were Line 6 – Enter the amount reported on Schedule A, Part II, generated in tax years ending on or after July 31, 2019. These line 22. If the amount is less than zero, enter zero. losses occur on a post-allocation basis. Line 7 – Enter the lesser of lines 5 or 6. This is the current The Prior Net Operating Losses (PNOL) are losses that were year PNOL deduction. Enter the amount on Schedule A, Part II, generated in tax years ending prior to July 31, 2019. In order line 23. to use these losses, the unused unexpired amounts must be converted to a post-allocation basis. This conversion is done Section B – Post Allocation Net Operating on Worksheet 500-P. Losses (NOL) Only complete this section if the Allocated Entire Net Income/ (Loss) before net operating loss deductions and dividend ex- PNOLs must be deducted from allocated entire clusion on Schedule A, Part II, line 24 is positive. net income before any NOLs can be deducted. Line 1 – Enter the amount of loss reported on Schedule A, Part II, line 22 from previous tax periods. Enter the year in For New Jersey Corporation Business Tax purposes, net oper- which the loss was generated. ating losses and net operating loss carryovers have a 20-year carryover period and can only be carried forward. No carry- On line 1, taxpayers will only check the box next backs are allowed. PNOLs can only be carried forward for the to the Return Period Ending entry if the NOL is 20 privilege periods following the period of the initial loss. from a tax period in which the taxpayer was a tax- able member on a New Jersey combined return. For tax years beginning on and after January 1, 2020, the fed- eral rules and regulations governing consolidated return net Note: The loss reported each year must not include any operating losses and net operating loss carryovers apply to the amount excluded from federal taxable income under New Jersey net operating loss carryover provisions to the ex- subparagraph (A), (B), or (C) of paragraph (1) of sub- tent they are consistent with the provisions of the New Jersey section (a) of Internal Revenue Code (26 U.S.C. s.108). Corporation Business Tax Act. If the New Jersey and federal provisions differ, the New Jersey Corporation Business Tax Act Line 2 – Enter the total of all losses from line 1. provisions govern. New Jersey generally follows the federal rules governing mergers, acquisitions, reorganizations, spin- Line 3 – Enter that portion of the loss reported on line 2 that offs, split-offs, dissolution, bankruptcy, or any form of cessation was deducted in a previous year. of a business. New Jersey also follows any other provision of Line 4 – Enter the amount of the NOL that has expired. - 13 - |
Enlarge image | Note: NOLs can be carried forward to each of the 20 privilege • Form 315: AMA Tax Credit periods following the privilege period of the loss. • Form 316: Business Retention and Relocation Tax Credit Line 5 – Enter the amount of any adjustments required under • Form 317: Sheltered Workshop Tax Credit provisions of the federal Internal Revenue Code. New Jersey generally follows the federal rules governing mergers, acqui- • Form 318: Film Production Tax Credit sitions, reorganizations, spin-offs, split-offs, dissolution, bank- • Form 319: Urban Transit Hub Tax Credit ruptcy, or any form of cessation of a business. New Jersey also follows any other provision of the federal rules that limits or • Form 320: Grow New Jersey Tax Credit reduces federal net operating losses and federal net operating • Form 321: Angel Investor Tax Credit loss carryovers. See N.J.S.A. 54:10A-4.5(c) for more informa- tion. If the taxpayer reported an amount in Section A, line 4 of • Form 322: Wind Energy Facility Tax Credit Form 500, only enter the excess here. (Section A, line 1 minus lines 2, 3, and 4.) • Form 323: Residential Economic Redevelopment and Growth Tax Credit Line 6 – Subtract the amounts reported on lines 3 through • Form 324: Business Employment Incentive Program Tax 5 from the amount on line 2. This is the total amount of NOL Credit available for deduction in the current year. If the amount is less than zero, enter zero. • Form 325: Public Infrastructure Tax Credit Line 7 – Enter the amount reported on Schedule A, Part II, • Form 327: Film and Digital Media Tax Credit line 24. If the amount is less than zero, enter zero. • Form 328: Tax Credit for Employers of Employees With Impairments Line 8 – Enter the lesser of lines 6 or 7. This is the current year NOL Deduction. Enter the amount on Schedule A, Part II, • Form 329: Pass-Through Business Alternative Income Tax line 25. Credit • Form 330: Apprenticeship Program Tax Credit Worksheet 500-P Worksheet 500-P was designed to help taxpayers transition to • Form 331: Tax Credit for Employer of Organ/Bone Marrow the new net operating loss regime. Taxpayers were required to Donor convert these losses using the allocation factor from the last • Form 332: Tiered Subsidiary Dividend Pyramid Tax Credit privilege period ending before July 31, 2019. A copy of this form must be included with the taxpayer’s return each year • Form 333: Personal Protective Equipment (PPE) Manufac- until the losses are used up or expired but is not recomputed turing Tax Credit each year. • Form 334: Innovation Evergreen Fund Tax Credit • Form 335: Unit Concrete Products Tax Credit Additional Forms and Instructions Most of the forms and schedules needed to complete the return are included with Form CBT-100. However, there are several stand alone forms and schedules that taxpayers can obtain on the Division’s website. This includes: • Schedule G-2: Claim for Exceptions to Disallowed Interest and Intangible Expenses and Costs • Schedule N: Nexus –Immune Activity Declaration and the Nexus Questionnaire • Schedule O: Nonoperational Activity • Schedule PT: Dividend Exclusion for Certain Previously Taxed Dividends • Form 300: Urban Enterprise Zone Employees Tax Credit • Form 301: Urban Enterprise Zone Investment Tax Credit • Form 302: Redevelopment Authority Project Tax Credit • Form 304: New Jobs Investment Tax Credit • Form 305: Manufacturing Equipment and Employment In- vestment Tax Credit • Form 306: Research and Development Tax Credit • Form 311: Neighborhood Revitalization State Tax Credit • Form 312: Effluent Equipment Tax Credit • Form 313: Economic Recovery Tax Credit - 14 - |