Enlarge image | FORM 304 New Jersey Corporation Business Tax 2023 New Jobs Investment 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 Qualifications 1. Has the taxpayer invested in property purchased for new or expanded business facilities that created at least 5 new jobs in New Jersey for small or mid-sized business taxpayers (50 for other taxpayers) with median income of at least $56,000 for tax years beginning in 2023? (see instructions) ................................................................ YES NO 2. Has the average book value of all real and tangible personal property in New Jersey of the taxpayer increased over the prior tax year?.......................................................................................................................................... YES NO 3. Is the average employment of the taxpayer in New Jersey in the first tax year of the tax credit greater than that of the prior tax year?.............................................................................................................................................. YES NO Note: If the answer to any of the above questions is “NO,” do not complete the rest of this form. The taxpayer does not qualify for this tax credit. Otherwise, go to Part II. Part II Calculation of the New Jobs Investment Tax Credit Note: All items pertain only to New Jersey factors. Refer to the specific line item instructions for Part II before completing this section. 4. Enter the amounts of the qualified investments made during the current tax year: (a) 3-year life x 0.35 ..................................................................................... 4a. (b) 5-year life x 0.70 ..................................................................................... 4b. (c) 7-year or more life x 1.00........................................................................ 4c. 5. Add lines 4a through 4c ............................................................................................................................. 5. 6. (a) Enter the average New Jersey employment for this tax year............................................................... 6a. (b) Enter the average New Jersey employment for last tax year............................................................... 6b. (c) Subtract line 6b from line 6a................................................................................................................. 6c. (d) Divide line 6a by 2 ................................................................................................................................ 6d. (e) Enter the number of eligible new jobs. (see instruction) ...................................................................... 6e. (f) Enter the lesser of lines 6c, 6d, or 6e.................................................................................................... 6f. 7. New Jobs Factor (see instruction): (a) Small or mid-sized business taxpayers divide line 6(f) by 5 with no remainder. Other taxpayers divide line 6f by 50 with no remainder ................................................................................................. 7a. (b) For small or mid-sized business taxpayers, multiply line 7a by 0.01. For other taxpayers, multiply line 7a by 0.005 ................................................................................................................................... 7b. (c) For small or mid-sized business taxpayers, enter the lesser of 0.20 or line 7b. For other taxpayers, enter the lesser of 0.10 or line 7b ........................................................................................................ 7c. 8. Maximum annual credit – Multiply line 5 x line 7c x 0.20 ........................................................................... 8. 9. Prior year qualified investment (see instruction) Enter the maximum annual credit as determined on line 8 of this form for: (a) First prior tax year ................................................................................................................................ 9a. (b) Second prior tax year ............................................................................................................................ 9b. (c) Third prior tax year ................................................................................................................................ 9c. (d) Fourth prior tax year .............................................................................................................................. 9d. 10. Total annual credit – Add line 8 and lines 9(a) through (d) ......................................................................... 10. |
Enlarge image | Name as Shown on Return Federal ID Number Unitary ID Number, if applicable NU Part III Calculation of the Allowable Credit Amount (Combined return filers DO NOT complete Part III. Continue with Part IV.) 11. Compensation of all employees in New Jersey attributable to the qualified investment ........................................ 11. 12. Total compensation of all employees in New Jersey .............................................................................................. 12. 13. Divide line 11 by line 12 .......................................................................................................................................... 13. 14. Enter tax liability from page 1, line 2a of CBT-100 or CBT-100S............................................................................ 14. 15. Multiply line 14 by line 13 ....................................................................................................................................... 15. 16. Enter the required minimum tax liability (see instructions) .......................................................................................... 16. 17. Subtract line 16 from line 15 ................................................................................................................................... 17. 18. Enter 50% of the reduced tax liability entered on line 15 ....................................................................................... 18. 19. Enter the lesser of line 17 or line 18 ....................................................................................................................... 19. 20. Other tax credits used by taxpayer on current year’s return: (a) (b) (c) (d) .............................................Total 20. 21. Subtract line 20 from line 19. If zero or less, enter zero ......................................................................................... 21. 22. Allowable credit for the current tax period. Enter the lesser of line 10 or line 21 here and on Schedule A-3, Part I of the CBT-100 or CBT-100S ........................................................................................................................ 22. 23. Amount of credit available to be refunded (subtract line 22 from line 10). ............................................................ 23. 24. Property taxes attributable to qualified investment (see instructions): (a) Property tax paid on new property or Total N.J. property tax paid multiplied by line 13 ....................................................... 24a. (b) Imputed property tax on new property (15% of rent) or imputed property tax on all rented property in N.J. (15% of rent) multiplied by line 13 ........................................ 24b. (c) Add lines 24a and 24b ...................................................................................................................................... 24c. 25. Enter 50% (.50) of line 24c ..................................................................................................................................... 25. 26. Refund request. Enter the lesser of line 23 or line 25. Enter here and in Schedule A-3, Part II of the CBT-100 or CBT-100S 26. Note: There is no carryover provision for this tax credit. |
Enlarge image | Name as Shown on Return Federal ID Number Unitary ID Number, if applicable NU Part IV Calculation of Allowable Credit Amount – Combined Return Filers ONLY Section A – ALL Combined Return Filers 27. Compensation of all the member’s employees in New Jersey attributable to the qualified investment ................. 27. 28. Total compensation of all the member’s employees in New Jersey ....................................................................... 28. 29. Divide line 27 by line 28.......................................................................................................................................... 29. 30. Enter the group tax liability from Schedule A, Section II, Part III, line 4a column (c) of CBT-100U ........................ 30. 31. Multiply line 30 by line 29 ....................................................................................................................................... 31. 32. Aggregate minimum tax of combined group members (see instructions) ................................................................... 32. 33. Subtract line 32 from line 31 ................................................................................................................................... 33. 34. Enter 50% of the reduced tax liability entered on line 31 ....................................................................................... 34. 35. Enter the lesser of line 33 or line 34 ....................................................................................................................... 35. 36. Other tax credits used by combined group on current year’s return (see instructions): (a) (b) (c) (d) .......................................... Total 36. 37. Subtract line 36 from line 35. If zero or less, enter zero ........................................................................................ 37. 38. Allowable credit for the current tax period. Enter the lesser of line 10 or line line 37. If sharing, also enter in the member’s column of Schedule A-3, Part I of the CBT-100U .................................................................................. 38. If SHARING credit, complete lines 39–42. If NOT sharing credit, skip lines 39–42 and complete Section B. 39. Amount of credit available to be refunded (subtract line 38 from line 10). ............................................................ 39. 40. Property taxes attributable to qualified investment (see instructions): (a) Property tax paid on new property or Total N.J. property tax paid multiplied by line 29 ....................................................... 40a. (b) Imputed property tax on new property (15% of rent) or imputed property tax on all rented property in N.J. (15% of rent) multiplied by line 29 ........................................ 40b. (c) Add lines 40a and 40b ...................................................................................................................................... 40c. 41. Enter 50% (.50) of line 40c ..................................................................................................................................... 41. 42. Refund request. Enter the lesser of line 39 or line 41 here and in the member’s column of Schedule A-3, Part II of the CBT-100U ..................................................................................................................................................... 42. Section B – Combined Return Filers NOT Sharing Credit 43. a) Enter combined group tax liability from line 30 ....................................... 43a. b) Divide line 43a by the combined group allocation factor from Schedule J, line 9 .................................................................................... 43b. c) Member’s share of combined group tax liability – Multiply line 43b by member’s allocation factor from Schedule J, line 9 .................................................................................... 43c. 44. Multiply line 43c by line 29...................................................................................................................................... 44. 45. Enter the required minimum tax liability.................................................................................................................. 45. 2,000 46. Subtract line 45 from line 44 ................................................................................................................................... 46. 47. Enter 50% of the reduced tax liability entered on line 44 ....................................................................................... 47. 48. Enter the lesser of line 46 or line 47 ....................................................................................................................... 48. 49. Other tax credits used by taxpayer on current year’s return (see instructions): (a) (b) (c) (d) .......................................... Total 49. 50. Subtract line 49 from line 48. If zero or less, enter zero ......................................................................................... 50. 51. Allowable credit for the current tax period. Enter the lesser of line 38 or line 50 here and in the member’s column of Schedule A-3, Part I of the CBT-100U ................................................................................................... 51. 52. Amount of credit available to be refunded (subtract line 51 from line 10). ............................................................ 52. 53. Property taxes attributable to qualified investment (see instructions): (a) Property tax paid on new property or Total N.J. property tax paid multiplied by line 29 ....................................................... 53a. (b) Imputed property tax on new property (15% of rent) or imputed property tax on all rented property in N.J. (15% of rent) multiplied by line 29 ........................................ 53b. (c) Add lines 53a and 53b ...................................................................................................................................... 53c. 54. Enter 50% (.50) of line 53c ..................................................................................................................................... 54. 55. Refund request. Enter the lesser of line 52 or line 54 here and in the member’s column of Schedule A-3, Part II of the CBT-100U ..................................................................................................................................................... 55. Note: There is no carryover provision for this tax credit. |
Enlarge image | Name as Shown on Return Federal ID Number Unitary ID Number, if applicable NU Part V Certification The following certifications are required in accordance with N.J.S.A. 54:10A-5.9 of the New Jobs Investment Tax Credit Act. 1. For qualified investments made during the current tax year, the taxpayer certifies that the number of new jobs reported on line 6e of Part II, is a reasonable estimate of the number of new jobs directly attributable to the qualified investment; and 2. For qualified investments made in prior years for which a New Jobs Investment Tax Credit was claimed, the taxpayer certifies: (a) The new jobs factor for: the first prior year the second prior year the third prior year the fourth prior year (b) The maximum annual tax credit for: the first prior year the second prior year the third prior year the fourth prior year (c) That the qualified investment property continues to be used in the business or has been disposed of after the expiration of its recovery period; and (d) That the new jobs used in the calculation of the new jobs factor continue to qualify as eligible new jobs as defined for the purposes of this credit. (Signature of Duly Authorized Officer of Taxpayer) (Date) Note: If the taxpayer is unable to make the above certifications, amended returns must be filed reflecting the correct new jobs factors and qualified investments for all affected tax years. |
Enlarge image | Instructions for Form 304 New Jobs Investment Tax Credit The New Jobs Investment Tax Credit is available for investment in new or expanded business facilities that create new jobs in New Jersey. Investments that qualify for this tax credit must be placed in service or use during tax years beginning after July 7, 1993. The investment must create at least 5 new jobs (50 new jobs for large businesses) with a median annual compensation of the threshold amount estab- lished for the particular tax year. Also, to claim this tax credit, the average book value of all real and tangible personal property in New Jer- sey must have increased over the prior year. The New Jobs Investment Tax Credit is taken in five equal annual installments. The annual credit cannot exceed 50% of that portion of the Corporation Business Tax liability that is attributable to and the direct result of the taxpayer’s qualified investment and cannot reduce the tax liability below the statutory minimum. Although there is no carryover provision for this tax credit, the amount of the unused annual credit may be refunded to the taxpayer subject to certain limitations. Parts III and IV are used to calculate the allowable credit and carryover. Taxpayers filing Forms CBT-100 or CBT-100S complete Part III and CBT-100U filers complete Part IV. Taxpayers must include the appropriate credit form in the year the credit was earned even if they are not claiming the credit on their tax return. Definitions Qualified Investments are those real and tangible personal prop- erty investments purchased for business relocation or expansion in Expanded Business Facility means any business facility, other New Jersey. Such investments include only: than a new business facility, resulting from acquisition, construc- tion, reconstruction, installation, or erection of improvements or 1. Improvements to real property placed in service or use during additions to existing property if such improvements or additions are tax years beginning after July 7, 1993; purchased during tax years beginning after July 7, 1993, but only 2. Tangible personal property with respect to which depreciation to the extent of a taxpayer’s qualified investment in such improve- with a recovery period of three or more years is allowable; ments or additions. 3. Tangible personal property moved by the taxpayer into New New Business Facility means a business facility that: Jersey provided that the property has a remaining recovery a) Is employed by a taxpayer in the conduct of a business that is period of three or more years. subject to the New Jersey Corporation Business Tax Act, N.J.S.A. Examples of qualified investments may not include: 54:10A-1 et seq. A business facility does not qualify if the taxpay- er’s only activity with respect to such facility is to lease it to another 1. Property with respect to which the taxpayer’s only activity is to person; lease it to another person; b) Is purchased and placed in service or use during tax years be- 2. Repair costs, including materials used in the repair, unless for ginning after July 7, 1993; federal income tax purposes, the cost of the repair must be capitalized and not expensed; c) Was not purchased by a taxpayer from a related person; 3. Airplanes; d) Was not in service or use during the 90-day period immediately prior to transfer of the title to the facility. 4. Property primarily used outside New Jersey; New Employee means a New Jersey resident, hired to fill a reg- 5. Property that is acquired incident to the purchase of the stock ular, permanent position that did not exist prior to the qualified or assets of the seller; investment, and would not exist but for the qualified investment. 6. Property for which the cost or consideration cannot be quanti- The employee must be unrelated to the taxpayer and must not fied with any reasonable degree of accuracy at the time such have been in its employ during the six months prior to the date that property is placed in service or use. the qualified investment is placed in service or use. Temporary or seasonal employees are not considered new employees for the Small or Mid-Sized Business Taxpayer means a taxpayer purposes of this tax credit. The position held by the employee may that has the following annual payroll and annual gross receipts be full time or part time. Full time means employment for at least amounts: 140 hours per month at a wage not less than the State or federal Tax Year Payroll Gross Receipts minimum wage. Part time means customarily performing such du- Beginning In ties at least 20 hours per week for at least six months during the 2018 $6,899,800 or less $13,799,850 or less tax year. The hours of part-time employees shall be aggregated to determine the number of full-time equivalent jobs for the purposes 2019 $7,060,400 or less $14,121,100 or less of determining the number of eligible new jobs to be used in the 2020 $7,166,600 or less $14,333,500 or less computation of the new jobs factor. The taxpayer cannot claim a 2021 $7,277,800 or less $14,555,900 or less credit for the number of new employees that exceeds either the 2022 $7,709,850 or less $15,420,050 or less increase in the taxpayer’s average employment in New Jersey for 2023 $8,363,550 or less $16,727,550 or less the tax year, or one-half of the taxpayer’s average employment in New Jersey for the tax year. Also, individuals included in the deter- mination of the Urban Enterprise Zone Employees Tax Credit or the Redevelopment Authority Project Tax Credit must be excluded in the determination of this tax credit. |
Enlarge image | Aggregate Annual Credit Part I – Qualifications The aggregate annual credit allowed for a tax year is the sum of: The taxpayer must meet the qualifications listed in Part I. If the an- swer to any of the questions is “no,” the taxpayer does not qualify 1) One-fifth of the annual credit amount calculated for prior tax for the tax credit. years plus The 2) One-fifth of the annual credit amount calculated for the current median income for qualifying new jobs must meet the required amount for each tax year. E.g., for a business required to create 50 tax year. qualifying jobs, 25 of those jobs must pay at least the required me- This amount is calculated in Part II of Form 304. dian compensation amount. Tax Year Tax Credit Limitations Beginning In Median Income of The New Jobs Investment Tax Credit is allowed as a credit against 2018 $46,350 that portion of the taxpayer’s Corporation Business Tax liability for 2019 $47,400 the tax year that is attributable to and the direct result of the taxpay- 2020 $48,100 er’s qualified investment and shall not reduce the tax liability for the 2021 $48,800 tax year to an amount less than the required statutory minimum. 2022 $51,650 If any amount of the aggregate annual credit remains after the above limitations are applied, that amount may be refunded to the 2023 $56,000 taxpayer. The amount of the refund cannot exceed 50% of the sum of the property taxes paid in the tax year and the implicit property Part II – Calculation of the New Jobs Investment taxes paid through rent or lease payments that are attributable to Tax Credit and the direct result of the taxpayer’s qualified investment. If the taxpayer is unable to ascertain these amounts, the attributable Line 4 – Classify property purchased by its depreciable life for fed- property tax amounts shall be determined by multiplying the total eral tax purposes. New Jersey property taxes paid by a fraction, the numerator of Line 6e – The number of eligible new jobs must reflect the number which is the compensation paid to New Jersey employees whose of new employees (see definitions) hired by the taxpayer during the positions are directly attributable to the qualified investment. The tax year. To determine this number, the taxpayer should rank the denominator is all New Jersey compensation paid for the tax year. new employees by annual compensation. If the middle employee’s If any credit for the tax year remains, the amount shall be forfeited. annual compensation is less than the required median compen- There is no carryover provision for this tax credit. sation of $56,000 for tax years beginning in 2023, then the lowest ranking jobs should be deleted from the list until the middle employ- ee’s annual compensation is at least the required median compen- Certification and Record Keeping sation amount. If there are an even number on the list, the top half The taxpayer must certify for every year during the five-year period must be greater than the required median compensation amount. of the credit that the number of new jobs created is as reported on The final number of new employees on this list is the number of eli- the current and prior year tax credit forms, and that the qualified gible new jobs to be reported on line 6(e), Part II. investment property has not been disposed of prior to the end of its Line 7a – Taxpayers who qualify as “small or mid-sized business depreciable life. taxpayers” (see definitions) must divide the amount on line 6(f) by The taxpayer must maintain sufficient records for each item of qual- 5. All other taxpayers must divide the amount on line 6(f) by 50. ified property to establish: Line 9 – Report the maximum annual credit calculated for qualified 1) Its identity; investments made in prior tax years. The appropriate amount can be found on line 8 of the Form 304 that was filed for the particular 2) Its actual or reasonably determined cost; tax year. 3) Its straight-line depreciation life; 4) The month and the tax year in which it was placed in service; Part III – Calculation of the Allowable Credit 5) The amount of credit taken; and Amount (for CBT-100 and CBT-100S Filers only) 6) The date it was disposed of or otherwise ceased to be quali- For CBT-100 and CBT-100S filers, the total and allowable New Jobs fied property. Investment Tax Credit for the current year is calculated in Part III. Combined return filers do not complete Part III, and must complete Part IV instead. The amount of this credit cannot exceed 50% of Specific Instructions for Form 304 that portion of the Corporation Business Tax liability that is attribut- Combined Return Filers – If filing a combined return, this form able to and the direct result of the taxpayer’s qualified investment must be completed by the member that earned the credit. All com- and cannot reduce the tax liability below the statutory minimum. bined return filers must check the combined return filers box at the Line 11 – Include the compensation of employees attributable to all top of the form and complete Part IV, Section A. the qualified investments comprising the Aggregate Annual Credit Members Opting Not to Share. In general, tax credits are earned on Part II, line 10. by a member of the combined group and are shareable with the Line 16 – The required minimum tax liability is as follows: combined group. However, members are not required to share their credits. See N.J.S.A. 54:10A-4.6.i and TB-90(R), Tax Credits and Combined Returns. In addition to Section A, members that choose not to share must also complete Part IV, Section B and fill in the oval at the top of the form to indicate they are not sharing the credit. |
Enlarge image | New Jersey Gross Receipts CBT-100 CBT-100S ments that were attributable to and the direct result of the member’s Less than $100,000 $ 500 $ 375 qualified investment. If the member is unable to ascertain these amounts, they will be determined by multiplying the total amount of $100,000 or more but less than $250,000 750 562 New Jersey property taxes paid and the total amount of implicit New $250,000 or more but less than $500,000 1,000 750 Jersey property taxes paid by the fraction that was determined on $500,000 or more but less than $1,000,000 1,500 1,000 line 29. $1,000,000 or more 2,000 1,500 Section B This section is used to calculate the amount of credit allowable for If a taxpayer is filing a separate return and is a member of an affil- members that choose not to share their credit with the group. Section iated or controlled group that has a total payroll of $5,000,000 or B is completed based on the member’s share of the group tax liabili- more for the return period, the minimum tax is $2,000. Tax periods ty. The amount of the credit calculated in this section cannot exceed of less than 12 months are subject to the higher minimum tax if the 50% of the portion of the member’s share of the group tax liability prorated total payroll exceeds $416,667 per month. that is attributable to and the direct result of the member’s qualified Line 20 – Taxpayers claiming multiple credits must list any credits investment and cannot reduce the tax liability to an amount less than already applied to the tax liability to ensure accuracy of the calcula- $2,000. The amount of the credit is also limited to the amount that tion for maximum credit allowable. would otherwise be allowed against the group tax liability if the mem- Lines 23 through 26 – If any unused credit remains after applying ber had been sharing the credit. the limitations indicated above, the excess may be refunded to the Line 49 – Members claiming multiple credits must list any credits taxpayer. The amount of the refund is calculated in this section. already applied to the member’s tax liability to ensure accuracy of Lines 24a and 24b – Report the amount of property taxes paid the calculation for maximum credit allowable. and the amount of implicit property taxes paid through rent or lease Lines 52–55 – See Section A instructions for lines 39–42 and lines payments that were attributable to and the direct result of the tax- 40a–40b. payer’s qualified investment. If the taxpayer is unable to ascertain these amounts, they will be determined by multiplying the total amount of New Jersey property taxes paid and the total amount of Part V – Certification implicit New Jersey property taxes paid by the fraction that was de- termined on line 13. This section must be completed for each tax year during the five- year credit period for a qualified investment. If the taxpayer is The priorities set forth in this Corporation Business Tax form follow unable to make the certifications, amended returns must be filed N.J.A.C. 18:7-3.17. reflecting the correct new jobs factors and qualified investments for all affected tax years. Part IV – Calculation of the Allowable Credit Amount for Combined Return Filers For CBT-100U filers, the total and allowable New Jobs Investment Tax Credit for the current year is calculated in Part IV. All combined return filers must complete Section A. Members that choose not to share their credit must also complete section B. Section A – To be completed by ALL combined return filers This section calculates the amount of credit allowable for the group. If a member chooses not to share their credit with the group, Section A must still be completed to ensure the credit allowed for the mem- ber does not exceed the amount that would otherwise be allowed against the group tax liability. The amount of the credit calculated in this section cannot exceed 50% of the portion of the group tax liability that is attributable to and the direct result of the member’s qualified investment and cannot reduce the tax liability to an amount less than the aggregate statutory minimum tax of the group members. Line 27 – Include the compensation of employees attributable to all the qualified investments comprising the Aggregate Annual Credit on Part II, line 10. Line 32 – Multiply the number of taxable group members by $2,000 and enter the result. Line 36 – 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 allowable. Lines 39 through 42 – If any unused credit remains after applying the limitations indicated above, the excess may be refunded to the taxpayer. The amount of the refund is calculated in this section. Lines 40a and 40b – Report the amount of property taxes paid and the amount of implicit property taxes paid through rent or lease pay- |