reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 31 - OFFICE OF CRIMINAL INVESTIGATION › Subchapter 1 - BACKGROUND INVESTIGATIONS; TRAINING FOR SPECIAL AGENTS › Section 18:31-1.1 - Background investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of
				Taxation may conduct background inquiries on applicants for Division of Taxation
				positions, Division of Revenue positions that will have access to confidential tax
				information, and subcontractor positions of the Division of Taxation and the
				Division of Revenue that will have access to confidential tax information to ensure
				that only qualified individuals of good character are appointed and that information
				contained on employment applications for positions with the Division of Taxation,
				the Division of Revenue, and subcontractor positions of the Division of Taxation and
				the Division of Revenue is accurate and complete. The inquiry will be conducted and
				the acquired information will be kept confidential in accordance with the Civil
				Service Act (11A:1-1 et seq.) and any other
				applicable laws, and may include the following:
1.
				Appropriate checks of records of criminal convictions and pending criminal
				charges;
2. State of New Jersey tax
				filing and payment record check, to assure that the applicant has complied with
				State tax laws;
3. Credit checks, to
				compare an applicant's credit information with the following:
i. The information listed on the application for
				employment with the Division of Taxation; and
ii. The information obtained through the New
				Jersey tax filing and payment record check, authorized under (a)2 above;
4. Confirmation of employment and
				checking on the reasons for separation;
5. Contacting references, as required;
6. Confirmation of any education listed on a
				candidate's application;
7. Motor
				vehicle checks; and
8. Other inquiries,
				including interviews, which stem from the above inquiries and which directly relate
				to criminal convictions or pending charges, tax compliance, financial
				responsibility, employment history, references, education, or other qualifications
				for the position sought.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 31 - OFFICE OF CRIMINAL INVESTIGATION › Subchapter 1 - BACKGROUND INVESTIGATIONS; TRAINING FOR SPECIAL AGENTS › Section 18:31-1.2 - Training for special agents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Criminal Investigation shall require, pursuant to
				54:40A-22, the successful completion of
				certain educational and training programs for those persons appointed by the
				Director as special agents. The requirements shall be designed to insure the health,
				safety, and welfare of the citizens of New Jersey by maintaining high standards or
				proficiency in law enforcement. The requirements shall include:
1. The completion of the "Basic Training Course
				for State Investigators" of the State of New Jersey, Department of Law and Public
				Safety, Division of Criminal Justice, as established by the New Jersey Police
				Training Commission, pursuant to
				52:17B-66 et seq., or equivalent
				training programs established by the New Jersey Police Training Commission;
				and
2. Completion of the twice annual
				firearms qualification program as established by the State of New Jersey Department
				of Law and Public Safety, Office of the Attorney General and administered by a
				supervising firearms instructor/range master.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.1 - Conference and Appeals Branch

Current through Register Vol. 56, No. 14, July 15, 2024
The Conference and Appeals Branch within the Division of Taxation
				  conducts administrative hearings and reviews of findings or assessments of the
				  Director in accordance with
				  54:49-18. A protest, and a request for
				  hearing, if any, by a taxpayer must be made to the Conference and Appeals Branch
				  within the time mandated by the appropriate taxing statute. Unless the appropriate
				  taxing statute provides for a different period within which a protest must be filed,
				  a protest, and a request for hearing, if any, must be made, pursuant to
				  54:49-18, within 90 days of the giving
				  of the notice of assessment or the finding of the Director sought to be reviewed. In
				  the case of a petition for a redetermination of a deficiency under the Gross Income
				  Tax Act, the taxpayer may file a petition within 90 days after the mailing of the
				  notice (or 150 days if the notice is addressed to a person outside of the United
				  States) pursuant to
				  54A:9-9(b). The
				  administrative hearing or protest review results in a Final Determination, which
				  confirms, modifies, or vacates the finding or assessment under review. The Final
				  Determination is then subject to judicial review in the New Jersey Tax Court within
				  90 days of the date of issuance pursuant to
				  54:51A-14 and
				  54A:9-10.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.2 - Written protest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the timely
				filing of a protest and a request for hearing pursuant to
				18:32-1.1, the hearing process shall be
				commenced with the submission of a written protest statement as defined by this
				section and a request for a hearing, if a hearing is desired. A written protest
				shall be signed by the taxpayer, the taxpayer's duly authorized officer, or duly
				authorized representative, and shall contain the following documents, information,
				and payments:
1. The taxpayer's name, address,
				telephone number and social security or tax identification number;
2. The name, address and telephone number of
				taxpayer's representative, if any, for the purpose of the protest. In such case, a
				properly completed Form M-5008-R, Appointment of Taxpayer Representative shall be
				filed with the notice of protest;
3. The
				type of tax and period(s) under protest;
4. A copy of the notice at issue;
5. The specific amount of tax, penalty, and/or
				interest under protest and specific amount of tax, penalty, and/or interest
				uncontested;
6. A statement of grounds
				upon which the protest is based. To permit the Division to consider and rule upon as
				many claims for reducing or vacating a finding or assessment as possible, the
				statement of grounds filed in support of the protest should set forth all claims and
				assertions which support the taxpayer's challenge to the protested assessment,
				including all alternative grounds which the taxpayer may assert;
7. The specific facts supporting each ground
				asserted, and a summary of evidence or documentation to be presented in support of
				taxpayer's position. (If this requirement cannot be met within the 90 day period,
				the Division will, upon written request, extend the time for complying with this
				submission for an additional 90 days.); and
8. The taxpayer shall remit the entire uncontested
				amount of the tax, penalty, and interest, if any, that is due.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.3 - Security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Protests to the
				Conference and Appeals Branch may be made before or after payment provided the
				protest is otherwise timely pursuant to
				18:32-1.1.
1. The following concern collection of taxes while
				a finding or assessment is being protested to the Director:
i. In the case of an arbitrary or estimated
				assessment for which security is required pursuant to (a)2i below, and where such
				security has not been furnished to the Director, the Director may take any action
				permitted by statute for the purpose of collecting the tax in issue, including,
				without limitation, the filing of a certificate of debt or a levy on and sale of the
				taxpayer's property, even though the taxpayer may have protested the finding or
				assessment to the Director. The Director may institute collection activity at any
				time prior to the furnishing of the required security, whether or not the taxpayer
				has requested the form and amount of security that would be required to stay
				collection activity by the Director. The Director shall immediately stay all
				collection activity upon the furnishing of the security required by (a)2i or ii
				below.
ii. Where no security is required
				pursuant to (a)2ii or iii below, or where, pursuant to (a)2ii below, the Director
				has notified the taxpayer that such security is required and where such security has
				actually been furnished to the Director, the Director shall stay any action to
				collect the tax in issue while a finding or assessment is being protested to the
				Director.
iii. Any stay of collection
				activity provided for by this paragraph shall expire and be of no effect 90 days
				after the final determination of the protest is issued by the director, except as
				provided pursuant to (a)3 below.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.4 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Hearings are scheduled on a date that is mutually acceptable for
				  the taxpayer and/or the taxpayer's representative, and the conferee representing the
				  Division. Whenever possible, hearings may be held via telephone. Requests for
				  cancellations should be limited to situations where failure to attend is
				  unavoidable. In the event that a hearing must be cancelled, the hearing will be
				  rescheduled on the next available date that is mutually acceptable to the taxpayer
				  and/or the taxpayer's representative, and the conferee. A Final Determination based
				  on facts documented in the file may be issued if the taxpayer fails to appear at a
				  scheduled hearing.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.5 - Representation

Current through Register Vol. 56, No. 14, July 15, 2024
The taxpayer may have an attorney or accountant present at a
				  conference. If the taxpayer intends to have an attorney and/or an accountant
				  represent the taxpayer at a conference, the taxpayer shall complete a Form M-5008-R,
				  Appointment of Taxpayer Representative and the Division must receive the form,
				  properly completed, prior to the interview. Unless otherwise instructed by the
				  taxpayer in writing, the original Final Determination notice, plus any attachments,
				  shall be mailed by certified mail to the taxpayer's last known address, with copies
				  mailed by certified mail to the agent identified on the Form M-5008-R, Appointment
				  of Taxpayer Representative filed by the taxpayer.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.6 - Recording conferences

Current through Register Vol. 56, No. 14, July 15, 2024
Taxpayers may record conferences with Division of Taxation
				  employees. Taxpayers wishing to record a conference shall notify the Division within
				  14 days prior to the conference and the recording shall be made with the taxpayer's
				  own equipment. The Division does not usually record conferences with taxpayers, but
				  is permitted by statute to make such recordings. The Division may take testimony and
				  may make recordings of testimony with taxpayers. The Division shall notify the
				  taxpayer of its intent to record a conference or take testimony 14 days prior to the
				  conference. If the Division records a conference between a Division employee and a
				  taxpayer, the taxpayer may obtain a copy of the recording at a cost of $ 10.00 per
				  copy.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.7 - Transfer inheritance tax; railroad tax

Current through Register Vol. 56, No. 14, July 15, 2024
Transfer inheritance and estate tax hearings are held pursuant to
				  N.J.A.C.
				  18:26-12.5 through 12.10 and may be scheduled by
				  contacting the Individual Tax Audit Branch, 50 Barrack Street, PO Box 249, Trenton,
				  NJ 08695-0249. Railroad tax hearings are held pursuant to
				  N.J.A.C.
				  18:23-11.2 and 11.3 and may be scheduled by
				  contacting Property Administration, 50 Barrack Street, PO Box 251, Trenton, NJ
				  08695-0251.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 32 - CONFERENCES AND APPEALS › Subchapter 1 - CONFERENCES AND APPEALS › Section 18:32-1.8 - Submitting a protest

Current through Register Vol. 56, No. 14, July 15, 2024
Protests, petitions for redetermination, and requests for
				  administrative hearings should be submitted to the Conference and Appeals Branch,
				  Division of Taxation, 50 Barrack Street, PO Box 198, Trenton, NJ 08695-0198 or
				  electronically submitted to conference. appeals@treas.nj.gov. In order to determine
				  the timeliness of receipt, the Conference and Appeals Branch follows the postmark
				  rules at N.J.A.C. 18:2-4.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 1 - CLOSING AGREEMENTS › Section 18:33-1.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of the Division of Taxation or
				any of his or her delegated representatives may enter into a written agreement with
				any person relating to the liability of such person (or of the person or estate for
				whom he or she acts) in respect to any State tax administered by the Division of
				Taxation for any tax period. The Director, or his or her authorized designee, may
				approve a closing agreement on behalf of the Division in any case in which there
				appears to be an advantage in having the case permanently and conclusively closed,
				or if good and sufficient reasons are shown by the taxpayer for desiring a closing
				agreement and it is determined by the Director that the State of New Jersey will
				sustain no disadvantage through consummation of such an agreement.
(b) A closing agreement may be executed even
				though, under the terms of the agreement, the taxpayer is not liable for any tax for
				the period included in the agreement.
(c) There may be a series of closing agreements
				relating to the taxpayers tax liability for a single period. A closing agreement can
				also include multiple taxpayers.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 1 - CLOSING AGREEMENTS › Section 18:33-1.2 - Tax periods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A closing agreement that includes tax periods
				ending prior to the date of the agreement may relate to the total tax liability of
				the taxpayer or to one or more separate items affecting the tax liability of the
				taxpayer.
(b) A closing agreement that
				includes tax periods ending after the date of the agreement may relate to one or
				more separate items affecting the tax liability of the taxpayer.
(c) Separate items affecting the tax liability of
				the taxpayer include, but are not limited to, the following: the amount of gross
				receipts, deduction items, other income items, statutory deductions or exclusions,
				statutory additions to income, the year in which an item of income is to be included
				in gross receipts or income, the year in which an item is to be deducted from
				income, or the value of property on a specific date.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 1 - CLOSING AGREEMENTS › Section 18:33-1.3 - Finality; determination of fraud

Current through Register Vol. 56, No. 14, July 15, 2024
(a)A fully executed
				closing agreement is final and conclusive for the period stated in the agreement,
				unless the Division discovers fraud, malfeasance, or misrepresentation of a material
				fact by the taxpayer.
1. The case shall not be
				reopened as to the matters agreed upon or the agreement modified by an officer,
				employee, or agent of the State of New Jersey; and
2. In any suit, action, or proceeding, such
				agreement, or any determination, assessment, collection, payment, abatement, refund,
				or credit made in accordance therewith, shall not be annulled, modified, set aside,
				or disregarded. However, a closing agreement with respect to a tax period ending
				subsequent to the date of the agreement is subject to any change in, or modification
				of, the law enacted subsequent to the date of the agreement if the change or
				modification is applicable to that tax period.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 1 - CLOSING AGREEMENTS › Section 18:33-1.4 - Procedures with respect to closing agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for a
				closing agreement, which relates to a prior tax period cannot be approved if the
				taxpayer has a complaint pending in the New Jersey Tax Court with respect to the
				subject of the requested agreement. All closing agreements must be submitted in a
				form prescribed by the Director.
(b) Any
				tax deficiency or overpayment due under the terms of a closing agreement must be
				assessed and collected or credited or refunded, respectively, in accordance with the
				applicable provisions of law, unless otherwise agreed to by the parties.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 1 - CLOSING AGREEMENTS › Section 18:33-1.5 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
A closing agreement applies only to the parties to the agreement
				  and cannot be relied on by any other taxpayers or their
				  representatives.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of the
				Division of Taxation may compromise any civil or criminal liability arising under
				any State tax laws administered by the Director of the Division of Taxation prior to
				reference of a case involving such liability to the Attorney General for prosecution
				or defense. Any such liability may be compromised only upon one or both of the
				following two grounds:
1. Doubt as to liability
				(including the amount of liability); or
2. Doubt as to collectibility. No such liability
				will be compromised if the liability has been established by a valid judgment of a
				court of competent jurisdiction, and there is no doubt as to the ability of the
				State to collect the amounts owing with respect to such liability.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.2 - Scope of compromise agreement

Current through Register Vol. 56, No. 14, July 15, 2024
A compromise agreement may relate to a civil or criminal
				  liability for taxes, interest, ad valorem penalties, or specific penalties. However,
				  a criminal liability may be compromised only if it involves a violation of a
				  regulatory provision, or a related statute in Title 54 or Title 56 of the Revised
				  Statutes, and then only if such violation was not deliberately committed with intent
				  to defraud.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.3 - Effect of compromise agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A compromise
				agreement relates to the entire liability of the taxpayer (including taxes, ad
				valorem penalties, and interest) with respect to which the offer in compromise is
				submitted and all questions of such liability are conclusively settled thereby.
				Specific penalties, however, shall be compromised separately and not in connection
				with taxes, interest, or ad valorem penalties. Neither the taxpayer nor the State
				shall, upon acceptance of an offer in compromise, be permitted to reopen the case
				except by reason of the following:
1.
				Falsification or concealment of assets by the taxpayer;
2. Mutual mistake of a material fact sufficient to
				cause a contract to be reformed or set aside; or
3. The significant change in the financial
				condition of a taxpayer with which the Director has entered into a compromise
				agreement.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.4 - Procedure with respect to offers in compromise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Offers in compromise
				shall be submitted in a form prescribed by the Director. The offer should generally
				be accompanied by a remittance representing the amount of the compromise offer, or a
				deposit if the offer provides for future installment payments. Remittance shall be
				in the form of a certified, cashiers, or treasurers check drawn on any bank or trust
				company incorporated under the laws of the United States or any state, territory, or
				possession of the United States, or by a United States postal, bank, express, or
				telegraph money order. If the final payment on an accepted offer is contingent upon
				the immediate or simultaneous release of a tax lien in whole or in part, such
				payment must be in cash, or in the manner as provided in this subsection.
(b) The offer shall be accompanied by the
				taxpayer's income and financial statement for the last two years (or the taxpayer's
				Federal income tax returns filed for the last two years), net worth statements for
				the nearest month preceding the offer and also the prior year's annual net worth
				statement. There shall be attached an affidavit containing a declaration by the
				taxpayer that there have been no fraudulent transfers within the past two years
				preceding the date of the offer.
(c)
				Compromises regarding trust fund taxes, such as the Sales and Use Tax, shall have
				annexed to the offer of compromise personal affidavits and personal income and net
				worth statements of the officers or employees responsible for the collection of any
				such taxes for the same periods as required from the taxpayer.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.5 - Stay of collection

Current through Register Vol. 56, No. 14, July 15, 2024
The submission of an offer in compromise shall not automatically
				  operate to stay the collection of any tax liability. However, enforcement of
				  collection may be deferred only if the interests of the State shall not be
				  jeopardized thereby.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.6 - Acceptance

Current through Register Vol. 56, No. 14, July 15, 2024
An offer in compromise shall be considered accepted only when the
				  proponent thereof is so notified in writing. As a condition to accepting an offer in
				  compromise, the taxpayer may be required to enter into any collateral agreement or
				  to post any security which is deemed necessary for the protection of the interests
				  of the State.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.7 - Withdrawal or rejection

Current through Register Vol. 56, No. 14, July 15, 2024
An offer in compromise may be withdrawn by the proponent at any
				  time prior to its acceptance. In the event an offer is rejected, the proponent shall
				  be promptly notified in writing. Frivolous offers or offers submitted for the
				  purpose of delaying the collection of tax liabilities shall be immediately rejected.
				  If an offer in compromise is withdrawn or rejected, the amount tendered with the
				  offer, including all installments paid, shall be refunded without interest, unless
				  the taxpayer has stated or agreed that the amount tendered may be applied to the
				  liability with respect to which the offer was submitted.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.8 - Opinion of the Attorney General

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise
				provided in this section, if an offer in compromise is accepted, there shall be
				placed on file in the office of the director, the opinion of the Attorney General or
				his designee with respect to such compromise, with his reasons therefor, and
				including a statement of the following:
1. The
				amount of tax assessed;
2. The amount of
				interest, additional amount, addition to the tax, or assessable penalty, imposed by
				law on the person against whom the tax is assessed; and
3. The amount actually paid in accordance with the
				terms of the compromise. However, no such opinion shall be required with respect to
				the compromise of any civil case in which the unpaid amount of tax assessed
				(including any interest, additional amount, addition to the tax, or assessable
				penalty) is less than $ 5,000.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.9 - Requirement with respect to statutes of limitations

Current through Register Vol. 56, No. 14, July 15, 2024
No offer in compromise shall be accepted unless the taxpayer
				  waives the running of the statutory period of limitations on both assessment or
				  collection of the tax liability involved for the period during which the offer is
				  pending, or the period during which any installment remains unpaid, and for one year
				  thereafter. A criminal liability may be compromised only if it involves a regulatory
				  provision of any applicable statute or law, and is not a violation deliberately
				  committed with intent to defraud.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.10 - Allocation of tax, penalty, and interest

Current through Register Vol. 56, No. 14, July 15, 2024
Allocation of tax, penalty, and interest in case of payments made
				  pursuant to offers accepted in compromise of taxes will be made as specified in the
				  agreement. If no allocation is specified in the offer or agreement, or if no
				  agreement has been accepted and the amount of the offer exceeds combined tax and
				  penalties, payments received (whether installment or lump sum) will be applied to
				  tax, penalty, and interest in that order, beginning with the earliest
				  period.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 33 - CLOSING AGREEMENTS AND COMPROMISES › Subchapter 2 - COMPROMISES › Section 18:33-2.11 - Appellate hearings board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be
				appointed by the director an appellate hearings board consisting of three members,
				one of which will be a chairman, with all three members having the same voting
				right.
(b) This board shall have the
				authority to execute compromise and closing agreements. The director shall have 60
				days to overrule, modify or affirm the determinations of the appellate hearings
				board. After the expiration of 60 days from the determination of the appellate
				hearings board, their decision shall be final unless approved, modified or overruled
				by the director.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter are promulgated by the New Jersey
				  Department of the Treasury, Division of Taxation, to implement section 89 and
				  paragraph (4) of subsection d at section 77 of the New Jersey Economic Recovery Act
				  of 2020,
				  P.L.
				  2020, c. 156, which
				  authorizes the Director of the Division of Taxation to purchase certain unused tax
				  credits and tax credit transfer certificates. This subchapter establishes the
				  Director's Tax Credit Purchase Program.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.3 - Eligibility criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A taxpayer holding
				an eligible program tax credit that has made good faith efforts to utilize or
				transfer that credit and is unable to do so may submit an application under the
				Director's Tax Credit Purchase Program requesting that the Director purchase said
				credit. Such request must be provided at least 90 days prior to the expiration of a
				tax credit to be considered. An application must be submitted on or after July 15,
				but before August 31. A taxpayer shall only be eligible to request the purchase of
				one tax credit issued per program, per privilege period or taxable year in its
				totality, a request to sell a partial credit shall not be accepted.
(b) A taxpayer shall be eligible under the
				Director's Tax Credit Purchase Program if the Director finds that, as of the date of
				the taxpayer's application:
1. The taxpayer has
				made a good faith effort to utilize or transfer the tax credit in question, and such
				efforts can be established by certification provided by the taxpayer. A taxpayer's
				application for purchase may be prioritized if the expiration of the timeframe
				within which the credit may be utilized either directly or by transfer is less than
				180 days. In no case shall the Director consider an application for purchase if the
				credit will expire in less than 90 days from the date the application is
				submitted;
2. The taxpayer is in tax
				compliance with the Division; and
3. The
				taxpayer is registered and in compliance pertaining to business registration with
				the Division of Revenue and Enterprise Services.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.4 - Application submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				application requesting that the Director purchase an eligible program tax credit
				shall be in the format prescribed by the Division and must include:
1. Taxpayer information, which shall include the
				following:
i. The name of the taxpayer. If the
				eligible program tax credit is issued under an affiliate, assignee, or coapplicant,
				the name(s) of all relevant and related parties;
ii. Any other name(s) under which the taxpayer
				conducts business, if applicable;
iii.
				The name, telephone number, and email address of the primary contact person, and, if
				different, the name, telephone number, and email address of a person with authority
				to sign contracts and other binding agreements on behalf of the taxpayer;
iv. The taxpayer's business address and business
				phone number;
v. The taxpayer's New
				Jersey tax identification number and the Federal tax identification
				number;
vi. A copy of the tax credit
				certificate or tax credit transfer certificate for the eligible program tax credit
				that the taxpayer is requesting the Director to purchase;
vii. A tax clearance certificate, as required
				pursuant to
				N.J.S.A.
				54:50-39;
viii. Evidence of the taxpayer's good faith
				efforts to utilize or transfer a credit by the taxpayer; and
ix. Any other necessary and relevant information
				as may be required by the Director, in writing, for a specific application;
				and
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.5 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A taxpayer must
				include with each application a one-time, non-refundable application fee to offset
				the Division's costs for processing the application and performing any required due
				diligence. The amount of the fee shall be based on the value of the eligible program
				tax credit to be purchased as follows:
1. For a
				tax credit certificate up to $ 500,000, a $ 1,000 application fee;
2. For a tax credit certificate over $ 500,000,
				and up to $ 1,000,000, a $ 2,500 application fee; and
3. For a tax credit certificate over $ 1,000,000,
				a $ 5,000 application fee.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.6 - Evaluation process; approval and purchase of tax credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided for at N.J.A.C.
				18:34-1.3(b), the Division shall review applications on a first-in-time rolling
				basis, beginning with the completed application that bears the earliest submission
				date, subject to an annual appropriation and availability of funds in any State
				fiscal year. Completed applications submitted in a fiscal year where program funds
				appropriated by the Legislature have been exhausted may be considered first in the
				subsequent fiscal year. The review shall determine whether the applicant:
1. Complies with all eligibility criteria,
				including tax clearance, as required pursuant to
				N.J.S.A.
				54:50-39;
2. Is not in default of any approval letter or
				agreement with the Authority;
3.
				Satisfies all submission requirements and includes the required fee; and
4. Provides sufficient information to allow the
				Division to adequately review the application.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.7 - Determination of tax credit purchase amount

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Except for credits initially issued pursuant to the Emerge Program Act, sections 68
				through 81 at
				P.L.
				2020, c. 156 (N.J.S.A. 34:1B-336 through
				373) or the New Jersey Community-Anchored Development Program, sections 43 through
				53 at
				P.L.
				2020, c. 156 (N.J.S.A. 34:1B-311 through
				321), credits presented for purchase through the Director's Tax Credit Purchase
				Program shall be eligible for purchase based upon the following criteria:
1. An eligible program tax credit presented more
				than three years before its expiration shall be eligible for purchase at a value not
				to exceed 20 percent of the value of the credit;
2. An eligible program tax credit presented more
				than two years before its expiration, but less than three years before its
				expiration, shall be eligible for purchase at a value not to exceed 40 percent of
				the value of the credit;
3. An eligible
				program tax credit presented more than one year before its expiration, but less than
				two years before its expiration, shall be eligible for purchase at a value not to
				exceed 60 percent of the value of the credit; and
4. An eligible program tax credit presented less
				than one year before its expiration, but at least 90 days before its expiration,
				shall be eligible for purchase at a value not to exceed 75 percent of the value of
				the credit.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.8 - Approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Director
				has approved an application and determined the amount of the eligible program tax
				credits to be purchased, the Division shall enter into an agreement with the
				taxpayer detailing the terms and conditions of the transaction, including any
				applicable recapture requirements, as well as a taxpayer's affirmative waiver of any
				right to claim or transfer a credit upon purchase by the Director of the Division of
				Taxation.
(b) A taxpayer shall register
				with the Department of the Treasury's procurement system in order to facilitate
				payment from the State.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.9 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant may
				appeal the Director's adverse determination pursuant to N.J.A.C. 18:34-1.6(c)within
				90 days from the date of such determination. The appeal must be submitted to the
				Director, in writing. Such appeals are not contested cases subject to the
				requirements of the Administrative Procedure Act,
				N.J.S.A. 52:14B-1 et seq.,
				and 52:14F-1 et seq., the State Uniform Tax Procedure Law,
				N.J.S.A.
				54:49-18(a), and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(b) Appeals that are timely submitted shall be
				handled by the Division as follows:
1. The
				Director shall designate an employee of the Division to serve as a hearing officer
				for the appeal and to make a recommendation on the merits of the appeal. The hearing
				officer shall perform a review of the written record and may require an in-person
				hearing. The hearing officer has sole discretion to determine if an inperson hearing
				is necessary to reach an informed decision on the appeal. The hearing officer may
				consider new evidence provided by the taxpayer or any relevant information that
				would demonstrate that the applicant meets all of the application
				criteria.
2. Following completion of the
				record review and/or in-person hearing, as applicable, the hearing officer shall
				issue a written report to the Director containing the hearing officer's finding(s)
				and recommendation(s) on the merits of the appeal. The hearing officer's report
				shall be advisory in nature. The applicant shall receive a copy of the written
				report of the hearing officer and shall have the opportunity to file written
				comments and exceptions to the hearing officer's report within five business days
				from receipt of such report.
3. The
				Director shall consider the hearing officer's report and any written comments and
				exceptions timely submitted by the applicant. Based on that review, the Director
				shall issue a final decision on the appeal.
4. Final decisions rendered by the Director shall
				be appealable to the Superior Court, Appellate Division, in accordance with the
				Rules Governing the Courts of the State of New Jersey.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 34 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Subchapter 1 - DIRECTOR'S TAX CREDIT PURCHASE PROGRAM › Section 18:34-1.10 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of this
				  chapter is adjudged to be unconstitutional, ultra vires, or invalid by a court of
				  competent jurisdiction, the remaining portions of this chapter shall not be affected
				  thereby.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 35 - NEW JERSEY GROSS INCOME TAX › Subchapter 1 - GROSS INCOME-CATEGORIES AND CALCULATION › Section 18:35-1.2 - Employee business expenses not deductible

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an individual is
				an employee as defined in
				18:35-7.1, such person shall not deduct
				from gross income any costs and expenses incurred in connection with such
				employment.
(b) If an individual is an
				employee as defined in
				18:35-7.1, all earnings in connection
				with employment are deemed to be, and shall be reported by the taxpayer as, wages,
				salaries, commissions, bonuses, and other remuneration received for services
				rendered, pursuant to
				54A:5-1.a. In no case shall an
				employee report his or her earnings as net profits from business as defined by
				54A:5-1.b.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 35 - NEW JERSEY GROSS INCOME TAX › Subchapter 1 - GROSS INCOME-CATEGORIES AND CALCULATION › Section 18:35-1.3 - Partnerships and partners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words
				and terms, when used in this section, shall have the following meanings:
1. "Partner" means any owner of a partnership
				interest and shall include any taxpayer subject to the gross income tax who is a
				member of a partnership or other unincorporated entity taxed as a partnership. A
				partner cannot be an employee of the partnership for purposes of determining
				distributive share of partnership income. For the purposes of this section, a
				partner refers to the definition in this section, although a partner can at the same
				time also be a partner in a civil union, depending on the context.
2. "Partnership" means and shall include a
				syndicate, group, pools, joint venture, and any other unincorporated organization
				through or by means of which any business, financial operation, or venture is
				carried on and which is not a corporation, trust, or estate within the meaning of
				the New Jersey Gross Income Tax Act. Only entities that qualify and elect to be
				treated as partnerships for Federal tax purposes (for example, limited liability
				companies and limited liability partnerships) and are in business shall be treated
				as partnerships under the Gross Income Tax Act. For the purposes of this section,
				partnership refers to the definition in this section, although a partnership can at
				the same time also consist of partners in a civil union, depending on the
				context.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 35 - NEW JERSEY GROSS INCOME TAX › Subchapter 1 - GROSS INCOME-CATEGORIES AND CALCULATION › Section 18:35-1.4 - Clergy; self-employed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reporting. Duly ordained clergypersons are
				considered to be self-employed individuals for the purposes of the New Jersey Gross
				Income Tax Act. Accordingly, salaries, fees, honorariums, allowances, and other
				remuneration paid to clergypersons for services rendered are not subject to
				withholding. Clergypersons that report their income on the Federal Form 1040;
				Schedule C for Federal income tax purposes, shall report their income as net profits
				from business for New Jersey income tax purposes in accordance with
				54A:5-1.b.
(b) Housing. A housing allowance received by a
				duly ordained clergyperson is not considered income to the extent that it is used in
				the year received to provide a home or to pay utilities for a home already provided.
				Therefore, income does not include the rental value of a residence provided for a
				clergyperson by his or her church or congregation. The clergyperson is required to
				report as income only that portion of his or her housing allowance that exceeds the
				actual expense of providing a home. The amount necessary to provide a home is to be
				determined in accordance with the criteria established by the Internal Revenue
				Service.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 35 - NEW JERSEY GROSS INCOME TAX › Subchapter 1 - GROSS INCOME-CATEGORIES AND CALCULATION › Section 18:35-1.5 - S corporations and S corporation shareholders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in
				this section, shall have the following meanings:
"Hybrid" means a Federal S corporation that has not made the New
				  Jersey S corporation election, and the corporation conducts business both inside and
				  outside New Jersey.
"Pro rata share" means the portion of any items attributable to
				  an S corporation shareholder determined in accordance with I.R.C. §§ 1377
				  and 1362.
"S corporation" means a corporation that meets the Federal
				  definition under I.R.C. § 1361, regardless of whether a New Jersey S
				  corporation election was made.
"S corporation income" means the net of an S corporation's items
				  of income, loss, or deduction determined without exclusion of items of income
				  properly taxable or deduction of expenses or losses prohibited for gross income tax
				  purposes.
(b) Determining S
				corporation income. S corporation income is properly determined by netting together
				all items of income, gain, loss, or expense reported on the S corporation's Federal
				Form 1120S, Schedule K, and making modifications required under the Gross Income Tax
				Act for expenses and losses that were deducted for Federal purposes, but are not
				permitted to be deducted for State purposes; Federally exempt income, which is
				taxable to New Jersey; Federally taxable income, which was included for Federal
				purposes, but is exempt for New Jersey purposes; and expenses not deducted
				Federally, which are allowable for New Jersey.
1.
				Additions are required for:
i. Taxes based on or
				measured by profits, income, business presence, or business activity, which were
				paid or accrued to the United States, any state, including New Jersey, a political
				subdivision of any state, or the District of Columbia. Such taxes include, but are
				not limited to, corporate franchise or income taxes, unincorporated business taxes,
				net worth taxes, gross receipts taxes, local and city income taxes, business
				occupancy taxes;
ii. Income taxes paid
				or accrued by the S corporation on behalf of, or in satisfaction of the liability
				of, shareholders of the S corporation;
iii. Expenses incurred to earn or collect income
				or gains that are exempt from New Jersey tax;
iv. Losses attributable to the disposition of
				obligations of the Federal government, any of its territories or instrumentalities,
				the State of New Jersey or its political subdivisions; and
v. Interest income derived from the obligations of
				states other than New Jersey, their municipalities, and political
				subdivisions.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 35 - NEW JERSEY GROSS INCOME TAX › Subchapter 1 - GROSS INCOME-CATEGORIES AND CALCULATION › Section 18:35-1.6 - Civil unions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of this chapter:
1. "Civil union" means the legally recognized
				union of two eligible individuals of the same sex established pursuant to
				37:1-29.
2. "Civil union couple" means two persons who have
				established a civil union pursuant to
				37:1-29.
3. "Civil union partner" means a person who has
				established a civil union pursuant to
				37:1-29.