Enlarge image | FORM 313 New Jersey Corporation Business Tax 2023 Economic Recovery Tax Credit Name as Shown on Return Federal ID Number Unitary ID Number, if applicable NU Read the instructions before completing this form Combined Return Filers The taxpayer is included as a taxable member on a New Jersey combined return. See instructions. Fill in oval if member is not sharing its credit with other members of the group. Part I Taxpayer and Employee Preliminary Qualifications 1. Is the taxpayer receiving a benefit under the New Jersey Urban Enterprise Zones Act? .......................... YES NO 2. Did the new full-time position at the qualifying location exist prior to credit year one? .............................. YES NO 3. Is the full-time position filled by an employee of the taxpayer on a temporary or seasonal basis? ........... YES NO 4. Is the employee of the taxpayer an individual with an ownership interest in the business, that individual’s spouse or dependent, or that individual’s ancestor or descendant? ....................................... YES NO Note: If the answer to any of the above questions is “YES,” do not complete the rest of this form. The taxpayer does not qualify for this tax credit. Otherwise, complete questions 5 and 6 and go to Part II. 5. Enter the address of the qualifying location of the new or expanded operations. 6. Enter the date when the new or expanded operation began at the qualifying location. Part II Qualifying Employee Information Enter the required information for each of the taxpayer’s qualifying employees reported in Part III of this tax credit form. (If more space is needed, include a rider with the additional qualifying employee’s information). Employment Dates Social Security Number Name From To a. b. c. d. e. Part III Calculation of the Economic Recovery Tax Credit 7. Enter the number of new full-time positions at the location in credit year one x $2,500 ................................................................................................................. 7. 8. Enter the number of new full-time positions at the location in credit year two x $1,250 ................................................................................................................. 8. 9. Economic Recovery Tax Credit carried over from prior year ............................................................. 9. 10. Total credit available (add lines 7, 8, and 9) ...................................................................................... 10. Part IV Calculation of the Allowable Credit Amount and Carryover (Combined return filers DO NOT complete Part IV. Continue with Part V.) 11. Enter the tax liability from page 1, line 2a of CBT-100 or CBT-100S ................................................. 11. 12. Enter the required minimum tax liability (see instructions) ..................................................................... 12. 13. Subtract line 12 from line 11 .............................................................................................................. 13. 14. Enter 50% of the tax liability reported on line 11 ................................................................................ 14. 15. Enter the lesser of line 13 or line 14 .................................................................................................. 15. |
Enlarge image | Name as Shown on Return Federal ID Number Unitary ID Number, if applicable NU Part IV Calculation of the Allowable Credit Amount and Carryover (Continued) 16. Other tax credits used by taxpayer on current year’s return (see instructions): (a) (b) (c) (d) ........................................ Total 16. 17. Subtract line 16 from line 15. If zero or less, enter zero ................................................................... 17. 18. Allowable credit for the current tax period. Enter the lesser of line 10 or line 17 here and on Schedule A-3, Part I of the CBT-100 or CBT-100S ........................................................................... 18. 19. Amount of credit carryover to following year’s return (subtract line 18 from line 10) ........................ 19. Part V Calculation of Allowable Credit Amount – Combined Return Filers ONLY Section A – ALL Combined Return Filers 20. Enter the group tax liability from Schedule A, Section II, Part III, line 4a, column (c) of CBT-100U ... 20. 21. Enter the aggregate minimum tax of combined group members (see instructions) ................................ 21. 22. Subtract line 22 from line 21 ............................................................................................................... 22. 23. Enter 50% of the tax liability reported on line 20 ................................................................................ 23. 24. Enter the lesser of line 22 or line 23 ................................................................................................... 24. 25. Other tax credits used by combined group on current year’s return (see instructions): (a) (b) (c) (d) .........................................Total 25. 26. Subtract line 25 from line 24. If zero or less, enter zero ..................................................................... 26. 27. Allowable credit for the current tax period. Enter the lesser of line 10 or line 26. If sharing, also enter in the member’s column of Schedule A-3, Part I of the CBT-100U ........................................... 27. If SHARING credit, complete line 28. If NOT sharing credit, skip line 28 and complete Section B. 28. Amount of credit carryover to following year’s return (subtract line 27 from line 10) .......................... 28. Section B – Combined Return Filers NOT Sharing Credit 29. a) Enter combined group tax liability from line 20 ............................ 29a. b) Divide line 29a by the combined group allocation factor from Schedule J, line 9 ........................................................................ 29b. c) Member’s share of combined group tax liability – Multiply line 29b by member’s allocation factor from Schedule J, line 9 .................................................................................................................. 29c. 30. Required minimum tax liability ............................................................................................................ 30. 2,000 31. Subtract line 30 from line 29c ............................................................................................................. 31. 32. Enter 50% of the tax liability reported on line 29c .............................................................................. 32. 33. Enter the lesser of line 31 or line 32 ................................................................................................... 33. 34. Other tax credits used by taxpayer on current year’s return (see instructions): (a) (b) (c) (d) .......................................Total 34. 35. Subtract line 34 from line 33. If zero or less, enter zero ..................................................................... 35. 36. Allowable credit for the current tax period. Enter the lesser of line 27 or line 35 here and in the member’s column of Schedule A-3, Part I of the CBT-100U .............................................................. 36. 37. Amount of credit carryover to following year’s return (subtract line 36 from line 10) ......................... 37. |
Enlarge image | Instructions for Form 313 Economic Recovery Tax Credit The purpose of the Economic Recovery Tax Credit is to foster business investment in qualified municipalities established un- der the authority of the “qualified Municipality Open For Business Incentive Program.” A taxpayer that is engaged in the con- duct of business within a qualified municipality and is not receiving a benefit under the New Jersey Urban Enterprise Zones Act, P.L.1983, c.303 (C.52:27h-60 et seq.) may apply to receive a tax credit against the amount of tax otherwise imposed under the Corporation Business Tax Act (1945), P.L.1945, c.162 (C.54:10A-1 et seq.) equal to $2,500 for each new full-time position at that location in credit year one and $1,250 for each new full-time position at that location in credit year two. No taxpayer shall be allowed more than a single 24-month continuous period in which credits shall be allowed for activity at a location within a qualified municipality. The amount of this credit in addition to the amount of any other tax credits is limited to 50% of the taxpayer’s total tax liability and cannot exceed an amount that would reduce the total tax liability below the statu- tory minimum. If the taxpayer claims this credit on Form CBT-100, CBT-100U, or CBT-100S, a completed Form 313 must be included with the return to validate the claim. Any unused credit may be carried forward, if necessary, for use in the five privilege periods following the privilege period for which the credit is allowed. The credit allowed for credit year one may be refundable at the close of the privilege period in which or with which credit year two ends. That amount of the credit received for credit year one remaining, if any, after the liabilities for the privilege period in which or with which credit year two ends and for any prior privilege period have been satisfied, multiplied by the sustained effort ratio, shall be an overpayment for the purposes of section R.S.54:49-15 for the privilege period in which or with which credit year two ends; that amount of the credit received for credit year one remaining, if any, that is not an overpayment may be carried forward. Parts IV and V are used to calculate the allowable credit and carryover. Taxpayers filing Forms CBT-100 or CBT-100S com- plete Part IV and CBT-100U filers complete Part V. Definitions Combined Return Filers Credit year one means the first twelve calendar months fol- If filing a combined return, the form must be completed by lowing the initial or expanded operations at a location within the member that earned the credit. All combined return filers a qualified municipality. must check the combined return filers box at the top of the form and complete Part V, Section A. Credit year two means the twelve calendar months follow- ing credit year one. Members Opting Not to Share. In general, tax credits are earned by a member of the combined group and are share- Employee of the taxpayer does not include an individual able with the combined group. However, members are not with an ownership interest in the business, that individual’s required to share their credits. See N.J.S.A. 54:10A-4.6.i and spouse or dependents, or that individual’s ancestors or TB-90(R), Tax Credits and Combined Returns. In addition descendants. to Section A, members that choose not to share must also complete Part V, Section B and fill in the oval at the top of Full-time position means a position filled by an employee . the form to indicate they are not sharing the credit of the taxpayer for at least 140 hours per month on a per- manent basis, which does not include employment that is Taxpayers must include the appropriate credit form temporary or seasonal. in the year the credit was earned even if they are not claiming the credit on their tax return. New full-time position means a position that did not exist prior to credit year one. New full-time positions shall be Part I – Taxpayer and Employee Preliminary measured by the increase, from the twelve month period Qualification preceding credit year one to the measured credit year, in the Questions 1 through 4 pertain to the taxpayer and the average number of full-time positions and full-time position employee qualifications that must be met prior to taking the equivalents employed by the taxpayer at the location within a Economic Recovery Tax Credit. If the answer to any of these qualified municipality. The hours of employees filling part- questions is “YES,” the taxpayer is not eligible to take this time positions shall be aggregated to determine the number tax credit. If the answer to all of the questions is “NO,” the of full-time position equivalents. taxpayer must first fill in line items 5 and 6, and then com- Part-time position means a position filled by an employee plete the balance of the form computing the amount of tax of the taxpayer for at least 20 hours per week for at least 3 credit that is allowed to be taken on the current tax return. months during the credit year. Sustained effort ratio means the proportion that the credit year two new full-time positions bear to the credit year one new full-time positions, not to exceed one. |
Enlarge image | Part II – Qualifying Employee Information Section A – To be completed by ALL combined return Complete the information requested for each qualifying filers employee entered in Part III of this form. Include a rider if This section calculates the amount of credit allowable for the additional space is required. group. If a member chooses not to share their credit with the group, Section A must still be completed to ensure the credit Part III – Calculation of the Economic Recovery allowed for the member does not exceed the amount that Tax Credit would otherwise be allowed against the group tax liability. The tax credit is computed in this section, and is equal to $2,500 for each new full-time position at the qualified The amount of the credit calculated in this section cannot ex- location in credit year one and $1,250 for each new full-time ceed 50% of the group tax liability otherwise due and cannot position at the location in credit year two. reduce the tax liability to an amount less than the aggregate statutory minimum tax of the group members. Line 7 – Enter the information for line 7 on the form filed for credit year one only. Line 21 – Multiply the number of taxable group members by $2,000 and enter the result. Line 8 – Enter the information for line 8 on the form filed for credit year two only. Line 25 – Combined groups claiming multiple credits must list any credits already applied to the group tax liability to ensure accuracy of the calculation for maximum credit Part IV – Calculation of the Allowable Credit allowable. Amount and Carryover (for CBT-100 and Section B CBT-100S Filers only) This section is used to calculate the amount of credit allow- For CBT-100 and CBT-100S filers, the allowable Economic able for members that choose not to share their credit with Recovery Tax Credit for the current period is calculated in the group. Section B is completed based on the member’s Part IV. Combined return filers do not complete Part IV, and share of the group tax liability. The amount of the credit cal- must complete Part V instead. The amount of this credit in culated in this section cannot exceed 50% of the member’s addition to the amount of any other tax credits taken cannot tax liability otherwise due and cannot reduce the tax liability exceed 50% of the tax liability otherwise due and cannot to an amount less than $2,000. The amount of the credit is reduce the liability to an amount less than the statutory min- also limited to the amount that would otherwise be allowed imum. against the group tax liability if the member had been sharing Line 12 – The minimum tax is assessed based on the New the credit. Jersey Gross Receipts as follows: Line 34 – Members claiming multiple credits must list any New Jersey Gross Receipts CBT-100 CBT-100S credits already applied to the member’s tax liability to ensure Less than $100,000 $ 500 $ 375 accuracy of the calculation for maximum credit allowable. $100,000 or more but less than $250,000 750 562 $250,000 or more but less than $500,000 1,000 750 $500,000 or more but less than $1,000,000 1,500 1,000 $1,000,000 or more 2,000 1,500 If a taxpayer is filing a separate return and is a member of an affiliated or controlled group that has a total payroll of $5,000,000 or more for the return period, the minimum tax is $2,000. Tax periods of less than 12 months are subject to the higher minimum tax if the prorated total payroll exceeds $416,667 per month. Line 16 – Taxpayers claiming multiple credits must list any credits already applied to the tax liability to ensure accuracy of the calculation for maximum credit allowable. Part V – Calculation of the Allowable Credit Amount and Carryover for Combined Return Filers For CBT-100U filers, the total and allowable Economic Re- covery Tax Credit for the current year is calculated in Part V. All combined return filers must complete Section A. Mem- bers that choose not to share their credit must also complete Section B. |