Enlarge image | New Jersey Nexus Audit Group Questionnaire (10/23) You must answer all questions and provide a detailed explanation when requested. If more room is needed, you may attach separate pages as necessary. General Information Legal Name of Business Federal Employer ID Number (FEIN) Business or Trade Name NJ State Corporation Number Fiscal Year End Street Address City State Zip Code Website Address Contact Person Telephone Number Fax Number Email Address Type of Business Entity (Check One) State of Incorporation Date of Incorporation Corporation If the entity is a member of a New Jersey unitary group, provide the Managerial Member name and NU#. Partnership List all Partners, FEIN, Social Security Number, and addresses on separate attachment. Owner Name Owner Social Security Number Proprietorship List Type (e.g., LLC, LLP, Single Member) Indicate Which Form You File with the IRS (e.g., 1120, 1065) Limited Liability • If you file Form 1065, list all members with FID or SSN and address on a separate attachment. • If you are a Disregarded Entity, list owner(s) with FEIN or SSN and addresses on a separate attachment. Tax Exempt/ Attach IRS documentation. Non-Profit Certificates, Registrations, Licenses, Authorizations, etc. List all certificates, registrations, licenses, and authorizations issued by any New Jersey State Agency and date issued. Complete even if certificates, etc. have expired. In such cases, indicate the ending date. If none, write none. Did your business, currently, or at any time, have any agents, independent representatives, subcontractors, third parties, etc., who worked on your behalf in New Jersey? If yes, state the names, addresses and dates worked in New Jersey, of all agents, independent representatives, sub-contractors, third parties, Yes No etc. who worked on your behalf in New Jersey, on a separate attachment. Provide the Address Where the Books and Records of the Business are Located Street Address City State Zip Code Contact Person Phone Number If the books and records are in New Jersey, provide the date that the location was established. Provide the Address Where the Actual Seat of Management and Control is Located Street Address City State Zip Code Contact Person Phone Number If located in New Jersey, provide the date that the location was established. New Jersey Division of Taxation Nexus Audit Group Questionnaire Page 1 |
Enlarge image | Is this entity related to any other company (parent, subsidiary, internet seller, etc.) with business activities in New Jersey? If yes, provide the complete name and address of each related company, the way it is related, and the type of business conducted in New Yes No Jersey. Also, if this entity has or had at any time, any activity at any related company's New Jersey address, please describe, in detail, any inter-company transactions. Provide the information on a separate attachment. Is this entity a partner in a partnership or LLC doing business in or deriving income from New Jersey? If yes, provide the name and address of each partnership or LLC and all partners on a separate attachment. Also indicate the date that this entity Yes No became a partner, and when the partnership or LLC commenced business in or began deriving income from New Jersey. Status of Business Active Dormant, Inactive Dissolved (Attach Certificate of Dissolution) Non-Survivor of Merger Other (Provide date of merger, name, address, and FEIN of surviving entity) (Provide details on separate attachment) Total Gross Revenue for Past Four Years as Reported to IRS Tax Year Gross Revenue Tax Year Gross Revenue Tax Year Gross Revenue Tax Year Gross Revenue Total Gross Revenue from New Jersey for Past Four Years Tax Year Gross Revenue Tax Year Gross Revenue Tax Year Gross Revenue Tax Year Gross Revenue Total Number of NJ Transactions for Past Four Years (Including Any Marketplace Sales) Tax Year Tax Year Tax Year Tax Year Number of Transactions Number of Transactions Number of Transactions Number of Transactions Business Activities Nature of Business Activity Conducted Everywhere Federal Business Activity Code Nature of Business Activity Conducted in New Jersey Did the company now or ever conduct any of the following activities in New Jersey? Month/Year If yes, insert month and year where indicated. a. Do any business or conduct any type of activity in New Jersey? Yes _____ No b. Derive any type of income from sources located in New Jersey (sales receipts, fees for services, franchise fees, Yes No royalties, licensing fees, management fees)? Specify type: c. Have employees, officers, agents and/or independent representatives working in New Jersey on behalf of the Yes No company? d. Solicit sales in New Jersey? If yes, indicate the date that each type of solicitation began: Yes No For tangible personal property By in-state employees, agents, reps., etc. For services For intangible property By mail, phone, publication, internet, etc. Other. Explain on a separate attachment e. Sell any type of goods, property or services to customers located in New Jersey? If yes, check all that apply: Tangible personal property to resellers Tangible personal property to customers Services performed in New Jersey. Services performed outside New Jersey Yes No f. Does the business have employees, representatives, related entities, agents, or independent contractors who perform the following activities in New Jersey? If yes, when was the first date that each activity first occurred in Yes No New Jersey? Identify all that apply. Make repairs or provide maintenance, service Collect current or delinquent Investigate credit Approve or accept customer orders. or replace faulty or damaged goods. accounts. worthiness. Repossess property or accept sale returns. Secure deposits on sales. Install, supervise, or Conduct training. inspect installation. Give technical assistance. Resolve customer complaints and Carry samples for sale or Have goods on consignment. credit disputes. exchange. Have a display at a New Jersey location in Use agency stock checks. Hire or train personnel. Pick up or replace damaged or returned excess of 14 days. property. g. Lease tangible property to others for use in New Jersey? If yes, attach a copy of the lease agreement. Yes No New Jersey Division of Taxation Nexus Audit Group Questionnaire Page 2 |
Enlarge image | h. License the use of any type of intangible right from which royalties, licensing fees, etc., are derived from the use Yes No of these rights in New Jersey (e.g. software licenses, trademarks, etc.)? Provide the type of intangibles used in New Jersey and begin date. ________________________________________________ i. Offer, solicit, sell, accept, or buy digital assets such as virtual currency or non-fungible tokens (NFTs) to New Yes No Jersey residents? j. Offer services involving the purchase, sale, processing, or virtual storage of digital assets to New Jersey Yes No residents? k. Perform any type of service in New Jersey (other than for solicitation of sales) such as constructing, erecting, Yes No installing, repairing, consulting, training, conducting seminars or meetings, credit investigations by employees, agents, subcontractors, and/or independent representatives? l. Provide any technical assistance or expertise in New Jersey by employees, agents, subcontractors, and/or Yes No independent representatives? m. Perform any detail work by employees, agents, representatives and/or subcontractor, such as taking inventory, Yes No stocking shelves, maintaining displays, arranging delivery, etc.? n. Carry goods, merchandise, inventory, etc., into New Jersey for sale to customers in New Jersey? Yes No o. Performs any of the following in New Jersey: Make deliveries, pick-up and/or replacement of goods? Yes No With Common Carriers (submit name and address) With company owned vehicles With Contract Carriers (submit name and address) p. Provide any type of maintenance program which is performed in New Jersey by either this entity or a hired Yes No independent contractor? q. Have employees, independent contractors, and/or other representatives with in-home office in New Jersey for Yes No which they are reimbursed for expenses other than telephone or travel? r. Have the use of any office or any type of facility in New Jersey (whether owned or leased)? Yes No s. Have the use of any property located in New Jersey (whether owned or leased)? Yes No t. Have a telephone listing in New Jersey? If yes, provide phone number and address? Yes No u. Own or lease equipment or vehicles registered in New Jersey, which are provided to employees, agents, Yes No representatives, subcontractors, and/or independent contractors. If "yes", please provide full details on separate attachment? v. Have any type of property located in New Jersey (whether owned, leased or rented, real estate, consignments, Yes No inventory (including inventory stored in a New Jersey marketplace facilitator’s warehouse), computer servers, merchandise, display racks etc.)? w. Offer, sell, provide maintenance, or perform such duties under a warranty or extended warranty service contract Yes No for the performance of services under the contract through any means, whether in person or through the internet? x. Contract with a marketplace facilitator to facilitate the sale of the taxpayer’s products on the facilitator’s online Yes No marketplace? y. If yes, does the marketplace facilitator maintain the taxpayer’s products at fulfillment centers in this State? Yes No z. Transmit code or electronic instructions through the internet to repair or upgrade products as part of a service Yes No subscription purchased by the customer or as part of a warranty (or extended warranty) service contract purchased by the customer? aa. Place software or ancillary data (e.g., apps or “internet cookies”) on computers and devices in New Jersey to Yes No gather market or product research that is packaged and sold to data-brokers or other third parties? bb. Sell internet advertising services to New Jersey business customers where the taxpayer provides targeted Yes No advertising to specific New Jersey individuals using information the taxpayer mined from software or ancillary data (e.g., apps or “internet cookies”) that was placed on computers and devices in New Jersey by the taxpayer on individuals’ devices? cc. Provide certain types of post-sales assistance through an electronic chat, email, or application that customers Yes No access through the company’s website. Some examples include but are not limited to: chat rooms for troubleshooting problems, complaint resolution, or an internet help desk for technical support whereby the customer can talk to a service representative who may conduct repair services remotely? dd. Collect and/or remit New Jersey Gross Income Tax withholding from employees at any time? Yes No ee. Collect and/or remit New Jersey Sales Tax at any time? Yes No ff. Enter into agreements with representatives in New Jersey who refer customers to the business by a link on an Yes No internet website or otherwise? gg. Receive income such as interest, fees or annual charges on any loans, credit cards, mortgages, etc. from New Yes No Jersey residents? hh. Make personal loans, car loans, or mortgages to New Jersey residents? Yes No New Jersey Division of Taxation Nexus Audit Group Questionnaire Page 3 |
Enlarge image | ii. Purchase or sell mortgage loans secured by real estate in New Jersey? Yes No jj. Provide checking, savings, money market accounts, payment services, or lines of credit? Yes No kk. Offer certificates of deposit, debit and/or credit cards, mortgages or loans? Yes No ll. Offer investment advice and services, derivatives, and/or custody services? Yes No mm. Participate as an exhibitor at a trade show or take orders at a trade show in New Jersey? Yes No nn. Is the business related to a company utilizing intangible assets in New Jersey? Yes No oo. Own, lease or maintain in-state facilities such as a warehouse or answering service? Yes No pp. Perform construction contracts in New Jersey? Yes No qq. Perform as a subcontractor in New Jersey? Yes No rr. Executed contracts in New Jersey? Yes No ss. Did the company cease operations in NJ? If so, when? Yes No Affirmation: I declare, under penalty of perjury, that the information provided in the questionnaire and any attachments is, to the best of my knowledge, true, correct, and complete. If prepared by a person other than an officer, partner or owner of the business, this declaration is based on all information on which you have knowledge. Signature Date Print Name Title Return this by regular mail to: By Courier, other than USPS Express: Phone: 609-984-5749 New Jersey Division of Taxation New Jersey Division of Taxation Fax: 609-633-6201 Nexus Audit Group Nexus Audit Group Email: nexusauditgroup.taxation@treas.nj.gov PO Box 269 3 John Fitch Plaza Trenton, NJ 08695-0269 Trenton, NJ 08611 New Jersey Division of Taxation Nexus Audit Group Questionnaire Page 4 |