reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.6 - Methods for filing combined returns, assessments, making payments, requests for a refund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Installment
				payments, estimated payments, overpayments, refunds, and any other filing or payment
				matters related to combined groups filing combined returns shall be based on the
				same rules as apply generally at
				N.J.A.C.
				18:7-11.1 through 13.13, except as follows:
1. Deficiency assessments for the combined group
				shall be assessed against either the managerial member or a taxable member of the
				combined group, where applicable;
2.
				Refunds or credits for any overpayment will be submitted to either the managerial
				member or a taxable member of the combined group as indicated on the
				return;
3. All payments by the combined
				group shall be made by electronic funds transfer;
4. All combined returns shall be filed
				electronically;
5. All safe harbor
				provisions for installment payments and estimated tax payments shall apply in
				aggregate by the number of members of the combined group;
6. Unless a member ceases to be a member of the
				combined group during the group privilege period, the member shall not otherwise be
				required to file a separate return; and
7. A member with activities that are not part of
				the unitary business of the combined group, and for which the member independently
				conducts business in New Jersey, shall not file a separate return to report said
				portion, and instead shall complete Schedule X and include that portion of the
				member's taxable net income as part of the member's total taxable net income on the
				New Jersey combined return.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.7 - Determining the entire net income of the combined group

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each taxable member of a combined group shall
				determine its entire net income from the unitary business as its share of the entire
				net income of the combined group in accordance with a combined unitary tax return.
				The combined group's entire net income is the aggregate sum of entire net income or
				loss, subject to allocation and derived from a unitary business, or the aggregate
				sum of entire net income or loss of a New Jersey affiliated group in the case of an
				affiliated group election, as reported on a combined return of every taxable member
				and non-taxable member of the combined group. The entire net income from the unitary
				business of a combined group shall be determined, as follows:
1. For a member incorporated in the United States,
				the entire net income to be included in the income of the combined group shall be
				the member's entire net income otherwise determined pursuant to the Corporation
				Business Tax Act, P.L. 1945, c. 162 (N.J.S.A. 54:10A-1 et seq.).
2. For a member not incorporated in the United
				States, the income to be included in the entire net income of the combined group
				shall be determined from a profit and loss statement that shall be prepared for each
				foreign branch or corporation in the currency in which the books of account of the
				branch or corporation are regularly maintained, and shall be adjusted to conform to
				the accounting principles generally accepted in the United States for the
				presentation of those statements and further adjusted to take into account any
				book-tax differences required by Federal or State law. The profit and loss statement
				of each foreign member of the combined group and the allocation factors related
				thereto, whether United States or foreign, shall be translated into or from the
				currency in which the parent company maintains its books and records on any
				reasonable basis consistently applied on a year-to-year or entity-by-entity basis.
				Income shall be expressed in United States dollars. In lieu of these procedures and
				subject to the determination of the Director that the income to be reported
				reasonably approximates income as determined under the Corporation Business Tax Act,
				P.L. 1945, c. 162 (N.J.S.A. 54:10A-1 et seq.), income may be determined on any
				reasonable basis consistently applied on a year-to-year or entity-by-entity basis.
				See N.J.A.C. 18:721.8 for more information.
i. The
				International Financial Reporting Standards (I.F.R.S.), which are issued by the
				International Accounting Standards Board (I.A.S.B.), qualifies as an acceptable
				method that "reasonably approximates income" if that is the only method of
				accounting the specific entity used.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.8 - Reporting the income of certain members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a
				member not incorporated in the United States and where the foreign corporation did
				not file a Federal Form 1120-F, the income to be included in the entire net income
				of the combined group shall be reported, as follows:
1. The combined group may complete and attach a
				1120-F, as though the member had filed the return with the Federal government;
				or
2. If the other members of the
				combined group have a Form 5471 that was filed for Federal purposes reporting the
				income from that non-U.S. member, the combined group shall use the income
				information reported on Federal Form 5471 and attach a copy of the form that was
				filed with the Federal government.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.9 - Combined groups, combined returns, and the interrelation with other New Jersey laws

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The members of the
				combined group shall each be subject to
				N.J.S.A.
				54:10A-20,
				54:10A-21,
				and
				54:11-1
				et seq., on an individual basis.
(b) The
				members of the combined group filing a combined return in New Jersey will be
				individually subject to the business registration requirements at
				N.J.S.A.
				52:32-44 for public contracts.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.11 - Net operating losses (NOLs) of members in a combined group

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Usage of prior net operating loss conversion
				carryovers in a combined group context. A prior net operating loss conversion
				carryover (PNOL) of a member of a combined group shall be deducted from the entire
				net income allocated to this State, as follows:
1.
				Such prior net operating loss conversion carryover deduction shall be allowed to
				offset only the entire net income, allocated to this State, of the corporation that
				created the prior net operating loss; the prior net operating loss conversion
				carryover cannot be shared with other members of the combined group;
2. The prior net operating loss conversion
				carryover deduction computed pursuant to N.J.A.C. 18:75.21 shall be applied against
				the entire net income, allocated to this State, of the corporation that created the
				prior net operating loss prior to subtracting the net operating loss carryover
				computed pursuant to N.J.A.C. 18:7-5.21(b);
3. Each member shall apply its prior net operating
				loss conversion carryover against its share of entire net income allocated to this
				State, as if filing on a separate entity basis;
4. For information on PNOLs of a corporation or
				combined group that is a party to a merger or acquisition, see (i) below;
				and
5. A member of a combined group may
				sell a prior net operating loss conversion carryover to other members of the
				combined group, if otherwise applicable and allowable pursuant to section 2 at
				P.L.
				1997, c. 334 (N.J.S.A.
				54:10A-4.2) and section 1 at
				P.L.
				1997, c. 334 (N.J.S.A.
				34:1B-7.42a); provided, however, such sale of a
				prior net operating loss conversion carryover must be made at arm's length price at
				the same rate as though the sale was to an unrelated taxpayer. The members must
				qualify and be eligible and meet the terms and conditions of the program.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.12 - Tax credits earned by a member of a combined group

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tax credits earned by a member of a combined
				group shall be utilized as follows:
1. If a
				taxable member of a combined group earns a tax credit in a privilege period
				beginning on or after the first day of the initial privilege period for which a
				combined return is required, the taxable member may share the credit with other
				taxable members of the combined group. Any amount of credit that is utilized by
				another taxable member of the combined group shall reduce the amount of credit
				carryover that may be carried over by the taxable member that originally earned the
				credit. If a taxable member of a combined group has a tax credit carryover derived
				from a privilege period beginning on or after the first day of the initial privilege
				period for which a combined return is required, the taxable member may share the
				carryover credit with other taxable members of the combined group;
2. If a taxable member of a combined group has a
				tax credit carryover derived from a privilege period beginning prior to the first
				day of the initial privilege period for which a combined return is required, then
				the taxable member may share the carryover credit with other taxable members of the
				combined group;
3. If a taxable member
				of a combined group has a tax credit carryover derived from a privilege period
				during which the taxable member was not a member of such combined group, the credit
				carryover shall remain available to be utilized by such taxable member or other
				group members; and
4. To the extent a
				taxable member has more than one corporation business tax credit that it may utilize
				in a privilege period, whether such credits were earned by said member or are
				available to said member, the order of priority of the application of the credits
				shall be as prescribed by the Director.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.13 - Allocation factor computation for combined groups

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A taxable member of a combined group shall
				determine its allocation factor for determining its share of the entire net income
				of the combined group, provided however:
1. Each
				taxable member shall determine its allocation factor based on the otherwise
				applicable allocation provided in sections 6 through 10 at P.L. 1945, c. 162
				(N.J.S.A. 54:10A-6
				through
				54:10A-10).
				In computing its denominator, the taxable member shall use the combined group's
				denominator. The combined group's denominator equals the receipts of both the
				taxable and nontaxable members. In computing the numerator of its receipts factor,
				each taxable member shall include in its numerator its receipts assignable to this
				State, as provided in this subchapter.
2. A combined group that makes an affiliated group
				election shall include the receipts of all of the members in both the numerator and
				denominator of the receipts factor, regardless of whether the members are subject to
				tax, if doing business in this State. See
				N.J.S.A.
				54:10A-4.11.c.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.14 - Conversion of the outstanding alternative minimum assessment credits

Current through Register Vol. 56, No. 14, July 15, 2024
For privilege periods beginning on and after January 1, 2019, a
				  combined group filing a combined return that has any outstanding alternative minimum
				  assessment credit or credits at the time of the effective date of the repeal of
				  section 7 at
				  P.L.
				  2002, c. 40 (N.J.S.A. 54:10A-5a) shall
				  be allowed to use the credit to offset the combined group's tax liability pursuant
				  to paragraph (1) of subsection c. of section 5 at P.L. 1945, c. 165 (N.J.S.A. 54:10A-5) for
				  the group privilege period. The remaining balance of the credit carryovers of
				  members of the combined group from prior to the effective date of the repeal of
				  section 7 at
				  P.L.
				  2002, c. 40 (N.J.S.A. 54:10A-5a) shall
				  not reduce the combined tax liability below 50 percent of the tax owed by the group.
				  The remaining balance of the credit may be carried over until used by the combined
				  group.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.15 - The water's-edge combined group default return filing method

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unitary combined returns are mandatory. The
				water's-edge group basis filing method is the default, if no election is made. The
				combined group shall take into account the income and allocation factors of only the
				following members of the combined group:
1. Each
				member incorporated in the United States, or formed under the laws of the United
				States, any state, the District of Columbia, or any territory or possession of the
				United States, excluding such a member if 80 percent or more of both its property
				and payroll during the privilege period are located outside the United States, the
				District of Columbia, or any territory or possession of the United States;
2. Each member, wherever incorporated or formed,
				if 20 percent or more of both its property and payroll during the privilege period
				are located in the United States, the District of Columbia, or any territory or
				possession of the United States;
3. Any
				member that earns more than 20 percent of its income, directly or indirectly, from
				intangible property or related service activities that are deductible against the
				income of other members of the combined group; and
4. Each member that has income as defined under
				the Corporation Business Tax Act, P.L. 1945, c. 162 (N.J.S.A.
				54:10A-1 et seq.), and has sufficient nexus in New
				Jersey pursuant to section 2 of P.L. 1945, c. 162 (C.54:10A-2) (see
				N.J.A.C.
				18:7-1.6 through 1.14 for more detail on
				nexus).
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.17 - Affiliated group election

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The managerial
				member of the combined group may make an election to treat all corporations that are
				members of its New Jersey affiliated group (as defined at
				N.J.S.A.
				54:10A-4(x)) as the combined
				group filed on the New Jersey combined return. Once the affiliated group election is
				made, the election shall be binding for and applicable to the privilege period for
				which it is made and for the next five group privilege periods. If an affiliated
				group election is made, all of the corporations that are members of their New Jersey
				affiliated group shall be treated as the members of a single New Jersey combined
				group irrespective as to, whether:
1. The
				corporations are included in more than one Federal consolidated return filed by more
				than one Federal consolidated group;
2.
				The corporations are engaged in one or more unitary businesses; or
3. The corporations are not engaged in a unitary
				business with any other member of the affiliated group.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.19 - Application of the minimum tax

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A taxable member
				of a combined group that is subject to the minimum tax must separately calculate
				that measure pursuant to
				N.J.A.C.
				18:7-3.4. The payment of the minimum tax is
				required even when a corporation is not subject to tax on its income either through
				the means of a combined return or otherwise. However, for privilege periods ending
				on and after July 31, 2020, if the regular tax liability of the combined group
				exceeds the aggregate minimum tax of all of the taxable members of the combined
				group, then the combined group will only pay the regular tax liability and the
				taxable members will not additionally owe the statutory minimum tax.
(b) For privilege periods ending on or after July
				31, 2019, the minimum tax shall be $ 2,000 for each taxable member of the combined
				group filing a New Jersey combined return if the member has nexus with New
				Jersey.
(c) A business entity that is a
				disregarded entity for Federal purposes is not considered a member of the combined
				group itself, and, therefore, does not have to pay the minimum tax. However, the
				income and attributes of the disregarded entity flow-through to the owner and will
				be included in the income and attributes of the combined group if a member owns the
				disregarded entity.
(d) A partnership is
				not itself a member of a combined group.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.20 - Combined group tax return accounting methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tax
				returns filed by taxable members of a combined group and by members of a combined
				group shall be filed consistent with the provisions set forth in this subchapter
				(and specifically, N.J.A.C. 18:7-21.15, 21.16, and 21.17).
(b) The combined group's privilege period is
				determined, as follows:
1. If two or more members
				of the group file a Federal consolidated return, the group's privilege period is the
				tax year of the Federal consolidated group (or the Federal consolidated group with
				the most total assets, in the case where the members of the combined group file more
				than one Federal consolidated return); and
2. In all other cases, the group's privilege
				period shall be the privilege period of the managerial member.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.21 - Subchapter S corporations and combined returns

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A New Jersey S corporation may elect to be
				included in a combined group reported on a combined return pursuant to this
				subchapter. Subsequent to electing to be included in the combined group on the
				combined return, the New Jersey S corporation shall be taxed in the same manner and
				rate as the other members of the combined group.
(b) A qualified NJ-QSSS of a New Jersey S
				corporation that has elected to be included on a combined return must also be
				included along with its corporate parent New Jersey S corporation. A qualified
				NJ-QSSS of a Federal S corporation that has not elected New Jersey S corporation
				status must be included in a combined group on a combined return.
(c) A Federal S corporation making a validly
				accepted retroactive New Jersey S corporation election cannot retroactively be
				excluded or included from the combined group filing a combined return. After being
				approved for a valid, retroactive New Jersey S corporation election, the approved
				New Jersey S corporation may prospectively elect to be included in the combined
				group filing a New Jersey combined return.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.22 - Application of other rules unaffected

Current through Register Vol. 56, No. 14, July 15, 2024
All other rules pursuant to this chapter shall be otherwise
				  unaffected; provided, however, any statute, rule, or regulation in the Corporation
				  Business Tax Act or this chapter that is inconsistent with this subchapter, as
				  applied to taxpayers that are members of a combined group reporting on a combined
				  return, shall not apply to New Jersey combined returns only, but shall not affect
				  the taxpayers reported on a combined return if and when the taxpayer has to also
				  file a separate return.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.24 - De-combination of a combined group

Current through Register Vol. 56, No. 14, July 15, 2024
The Director, upon audit of the combined return and review of the
				  facts and circumstances, may decombine and require a member or members to file a
				  separate return instead of the member(s) being included as part of the combined
				  group filing a mandatory unitary combined return, if the Director determines that
				  the member(s) were not unitary and the principle purpose of including the members
				  was to either shelter income, dilute the allocation factor of the combined group,
				  improperly increase the combined group net operating losses, or the inclusion was
				  for the purpose of sharing tax credits that were not related to any function of the
				  combined group.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.25 - Banking corporations and combined groups

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where at least one of the members of the
				combined group is a banking corporation, as defined at
				N.J.S.A.
				54:10A-36, and the group privilege period has a
				fiscal year end, then before being included as a member of the combined group on the
				New Jersey combined return, the banking corporation must first file a short period
				return to align its privilege period with the combined group. Subsequent to filing a
				short period combined return, the banking corporation shall include and report its
				income and attributes as part of the combined group.
(b) Where a banking corporation that switched to a
				fiscal privilege period as a result of (a) above departs from a combined group, the
				banking corporation shall continue to file a fiscal privilege period
				return.
(c) Where at least one of the
				members of the combined group is a banking corporation, and the combined group has a
				calendar year privilege period, the banking corporation does not need to file a
				transitional return.
(d) For purposes of
				the deduction allowed in paragraph (4) of subsection (k) of section 4 at P.L. 1945,
				c. 162 (N.J.S.A. 54:10A-4), a
				combined group shall be treated as one taxpayer; provided, however, a combined group
				shall only be eligible for the deduction if at least one of the taxable members is a
				banking corporation and the taxable member has an international banking facility.
				The income of the combined group shall not be eligible for the deduction allowed in
				paragraph (4) of subsection (k) of section 4 at P.L. 1945, c. 162 (N.J.S.A. 54:10A-4), if
				such income was already eliminated pursuant to the provisions at
				N.J.S.A.
				54:10A-4.6.
(e) Any banking corporation member of a combined
				group (or the managerial member electing on the banking corporation member's
				behalf), having an international banking facility that elects to take the deduction
				from entire net income provided for at
				N.J.A.C.
				18:7-5.2(a)2 vii, shall complete
				the allocation factor at
				N.J.S.A.
				54:10A-4.7, after intercompany eliminations. For
				the purpose of allocation, however, all amounts attributable, directly or
				indirectly, to the production of the eligible net income of an international banking
				facility, as defined at
				N.J.S.A.
				54:10A-4(n), shall be included in
				both the numerator and the combined group denominator after intercompany
				eliminations, whether or not such international banking facility income amounts are
				otherwise attributable to New Jersey.
(f) All other banking corporations that have not
				filed transitionary returns must do so for privilege periods ending on and after
				July 31, 2020. See
				N.J.S.A.
				54:10A-34.1 for more information.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.26 - Conditions warranting the designation of a managerial member by the Director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall
				designate one of the members of the combined group as the managerial member of the
				combined group, if one of the following conditions applies:
1. The parent corporation that is a member of the
				combined group does not have nexus with New Jersey and the combined group refuses to
				select a new managerial member of the combined group;
2. The managerial member dissolves or otherwise
				leaves the combined group because the managerial member is purchased by an unrelated
				third party or is no longer unitary with the combined group, and the combined group
				does not elect a new managerial member of the combined group;
3. The managerial member, which is not the parent
				corporation, no longer has nexus with New Jersey and the combined group refuses to
				elect a new managerial member of the combined group;
4. The Director determines, based on the facts and
				circumstances, that separate return taxpayers and their affiliates are unitary and
				should be filing a New Jersey combined return, but they refuse to file a New Jersey
				combined return and designate a managerial member; or
5. Where the non-U.S. parent corporation is
				otherwise the managerial member of the combined group, there are other non-U.S.
				corporations that are unitary with the combined group and meet the requirements for
				inclusion on a water's-edge basis pursuant to
				N.J.S.A.
				54:10A-4.11, but the U.S. corporations make an
				affiliated group election, and the non-U.S. parent corporation otherwise refuses to
				file a water's-edge combined return for the non-U.S. corporations.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.28 - Combined groups engaged in transportation of freight by air or ground

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All business income
				of a combined group engaged in the transportation of freight by air or ground shall
				be apportioned to this State by multiplying the income by a fraction, the numerator
				of which is the ton miles traveled by the combined group's mobile assets in this
				State by type of mobile asset and the denominator of which is the total ton miles
				traveled by the combined group's mobile assets everywhere. This section applies if
				50 percent or more of the combined group's entire net income is derived from the
				transportation of freight by air or ground. See N.J.A.C. 18:7-21.13(b).
(b) If 50 percent or more of the combined group's
				entire net income is derived from the transportation of freight by air or ground, as
				described at (a) above, then (a) above applies, and
				N.J.A.C.
				18:7-8.10A(dealing with the sourcing of receipts
				for certain services) does not apply.
(c) If less than 50 percent of the combined
				group's entire net income is derived from the transportation of freight by air or
				ground, then
				N.J.A.C.
				18:7-8.10A(dealing with the sourcing of receipts
				for certain services) applies.
(d) This
				section shall apply to combined groups filing on a water's-edge group basis, a
				worldwide group basis, or an affiliated group basis.
(e) For the purposes at (a) above, receipts
				attributable to the income of certain international shipping companies and
				international airlines that were excluded from entire net income pursuant to
				N.J.S.A. 54:10A-4(k)(9)
				 are not considered when determining whether 50
				percent or more of the combined group's entire net income is derived from the
				transportation of freight by air or ground. Thus, when the income is excluded from
				the entire net income of the group pursuant to
				N.J.S.A.
				54:10A-4(k)(9), but 50 percent or
				more of the remaining income that is included in the combined group's entire net
				income is derived from the transportation of freight by air or ground the income,
				(a) above shall apply.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 21 - COMBINED RETURNS › Section 18:7-21.29 - Change in combined group composition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members of a
				combined group shall notify the Director of a change in the combined group where a
				member dissolves, a merger of any kind occurs, a member withdraws from the group, a
				member ceases doing business, a member of the group is acquired by a third party not
				in the group, or additional members enter the group that are required to be
				included. Such notice shall be submitted in written form, as determined by the
				Director, not later than the due date, or, if an extension of time to file has been
				requested and granted, not later than the extended due date of the combined unitary
				tax return for the privilege period in which a change in the combined group occurs.
				See
				N.J.S.A.
				54:10A-4.10.h.
(b) Such notification shall satisfy the
				requirements at
				N.J.A.C.
				18:7-14.1 through 14.5.
(c) Subsections (a) and (b) above shall also apply
				to elective combined returns.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 9 - UNIFORM TRANSITIONAL UTILITY ASSESSMENT › Subchapter 1 - UNIFORM TRANSITIONAL UTILITY ASSESSMENT › Section 18:9-1.1 - Applicability of Uniform Transitional Utility Assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Telephone companies that were subject to the
				provisions at N.J.S.A. 54:30A-16 et seq., as of April
				1, 1997, and gas and electric light, heat, and power corporations that were subject
				to the provisions at
				N.J.S.A.
				54:30A-16 et seq., municipal or otherwise, prior
				to January 1, 1998, are subject to the Uniform Transitional Utility Assessment
				(UTUA) Act, N.J.S.A. 54:30A-114 et seq.
(b) Corporate or non-corporate legal successors or
				assigns to the entities at (a) above, whether through any reorganization, sale,
				bankruptcy, consolidation, merger, or other transaction or occurrence of any kind
				without limitation, also are subject to the UTUA. These successors and assigns are
				liable for the UTUA whether or not a transfer of corporate stock or a sale of
				corporate assets is involved.
(c) In a
				situation involving the sale of corporate assets, the successor corporation is
				liable for the UTUA on the corporation business tax and sales and use tax related to
				such assets.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 9 - UNIFORM TRANSITIONAL UTILITY ASSESSMENT › Subchapter 1 - UNIFORM TRANSITIONAL UTILITY ASSESSMENT › Section 18:9-1.2 - Filing of monthly reports, payments, and quarterly returns

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All gas and electric light, heat, and power
				corporations subject to the UTUA must, on or before the 20th day of the month
				following the first and second month of each quarterly filing period:
1. In a manner prescribed by the Director of the
				Division of Taxation, report its Sales and Use Tax - Energy liability for the month
				and the remaining balance of its available credit resulting from the payment made in
				accordance with
54:30A-116
; and
2. Pay an amount equal to its Sales and Use Tax -
				Energy liability for the month, less any available credit resulting from the payment
				made in accordance with
54:30A-116
.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.1 - Insertion of property classification code on line items

Current through Register Vol. 56, No. 14, July 15, 2024
The assessor of each taxing district shall classify each line item
				  on the tax list according to the several categories enumerated in
N.J.A.C. 18:12-2.2
by the
				  applicable property classification code symbol.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.2 - Property classifications with definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Class 1: "Vacant
				Land" means land itself above and under water in its original, indestructible,
				immobile state. Vacant land is idle land, not actively used for agricultural or any
				other purpose; unused acreage; and is land in an approved subdivision actively on
				the market for sale or being held for sale.
(b) Class 2: "Residential Property" means property
				described generally as a dwelling house and the lot or parcel of land on which the
				dwelling house is situated. The dwelling is functionally designed for use and
				enjoyment by not more than four families and includes residential condominiums. A
				dwelling functionally designed for use and enjoyment by more than four families
				should be designated Class 4C "Apartments."
(c) Class 3A: "Farm Property (Regular)" means:
1. Land, together with improvements, where the use
				of the land and function of the buildings on that land are for agricultural or
				horticultural purposes, but which is not qualified for nor assessed under the
				Farmland Assessment Act of 1964,
N.J.S.A.
				54:4-23
.1 et seq.;
2. Improvements of the types and like listed in
N.J.S.A. 54:4-23
.11, including
				barns, sheds, silos, etc., which are located on land classified as Class 3B "Farm
				Property (Qualified)." However, such improvements shall not include "single-use
				agricultural or horticultural facilities" as defined in
N.J.S.A.
				54:4-23
.12, which are considered personal
				property; and
3. Farm houses and the
				lots or parcels of land on which they are situated. For definitions of agricultural
				use and horticultural use, see
N.J.A.C.
				18:15-1.1
, adopted under the Farmland
				Assessment Act of 1964,
N.J.S.A.
				54:4-23
.1 et seq.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.3 - Tax list page summaries; recapitulation of property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assessor shall
				prepare a summary containing the valuations as they appear in the tax list and
				duplicate for both taxable and exempt properties. In addition, the assessor shall
				prepare an alphabetical index listing the taxpayer by name. The summaries will
				pertain to the property classification code as described in
N.J.A.C.
				18:12-2.1
.
(b) The assessor shall provide for a summary of
				deduction amounts for senior citizens, disabled citizens, and their surviving
				spouses, surviving civil union partners, and surviving domestic partners, and for
				veterans and their surviving spouses, surviving civil union partners, and surviving
				domestic partners, and the surviving spouses, surviving civil union partners, and
				surviving domestic partners of servicepersons. There shall also be a summary of the
				number of parcels and the exemption amounts for the following:
1. Fire Suppression Systems (N.J.S.A. 54:4-3.1
				30);
2. Pollution Control (54:4-3.5 6);
3. Fallout Shelter (54:4-3.4 8);
4. Water Supply Control or Sewerage Disposal
				System (
N.J.S.A. 54:4-3
.56);
5. Commercial Industrial Exemption (40A:21-8 );
6. Dwelling Exemption (40A:21-1 );
7. Dwelling Abatement (N.J.S.A.
				40A:21-l);
8. New Dwelling/Conversion
				Exemption (40A:21-5 );
9. New Dwelling/Conversion Abatement
				(40A:21-6 );
10. Multiple Dwelling Exemption (40A:21-6 );
11. Multiple Dwelling Abatement
				(
N.J.S.A. 40A:21-6
);
12. Urban Enterprise Zone Abatement
				(
N.J.S.A. 54:4-3
.139); and
13. Renewable Energy Systems (
N.J.S.A.
				54:4-3
.113a).
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.4 - Insertion of building description code on line items

Current through Register Vol. 56, No. 14, July 15, 2024
The assessor shall include in the tax list the applicable building
				  description code designation for each line item, and such inclusion shall be in
				  accordance with the building description code appearing in the MOD IV User
				  Manual.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.5 - Separate line item for farm property assessment

Current through Register Vol. 56, No. 14, July 15, 2024
Where a portion of a farmland parcel is assessed under the
				  Farmland Assessment Act of 1964 as "Farm (Qualified)," Class 3B, and another portion
				  of the parcel is assessed as "Farm (Regular)," Class 3A, each portion must be shown
				  on the tax list as a separate line item. All farm real property improvements should
				  be included under classification 3A "Farm (Regular)."
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.6 - Veteran, senior citizen, disabled citizen, and surviving spouse deductions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Approval
				of a tax deduction should be indicated by designating the claimant as "V" in the
				case of veteran, by "W" in the case of a widow or widower, surviving spouse,
				surviving civil union partner, or surviving domestic partner of a veteran or
				serviceperson, by "S" in the case of a senior citizen, by "D" in the case of a
				disabled citizen, and by "R" in the case of a surviving spouse, surviving civil
				union partner, or surviving domestic partner.
(b) In the case of multiple ownership of a
				property for which tax deduction is claimed, each line item of the tax list and
				duplicate must reflect the total number of owners and the number of veterans,
				veterans' and servicepersons' surviving spouses, surviving civil union partners, or
				surviving domestic partners, senior citizens, disabled citizens, and their surviving
				spouses, surviving civil union partners, or surviving domestic partners.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.7 - Hackensack Meadowlands District designations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Assessors
				shall be guided by
N.J.S.A.
				13:17-63
.
(b) The assessor for the taxing districts of
				Carlstadt, East Rutherford, Little Ferry, Lyndhurst, Moonachie, North Arlington,
				Ridgefield, Rutherford, South Hackensack, and Teterboro, all in Bergen County; and
				Jersey City, Kearny, North Bergen, and Secaucus, all in Hudson County, in preparing
				the annual tax list for the aforementioned taxing districts shall, in addition to
				furnishing all other information required on the tax list, indicate for each parcel
				of property whether or not such parcel is located within the boundaries of the
				Hackensack Meadowlands District, that is, the area within the jurisdiction of the
				New Jersey Sports and Exposition Authority in such area as mandated by
N.J.S.A. 13:17-63
.
(c) The assessor shall indicate property located
				within the boundaries of the Hackensack Meadowlands District, by adding the letter
				"HM" to the lot number or to the lot number suffix in the column of the tax list
				captioned "Block No. Lot No."
(d) When
				the boundary of the Hackensack Meadowlands District divides a lot, the entire lot
				shall be included within the district.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 2 - PREPARATION OF LOCAL PROPERTY TAX LIST AND DUPLICATE › Section 18:12-2.8 - Tax list and instructions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				describes the form and content of the real property tax list and duplicate for each
				tax year as prescribed by the Director of the Division of Taxation.
1. The size of the tax list and duplicate should
				be 14 inches by 17 inches or 8 1/2 inches by 11 inches. Each page of a tax list
				should provide for 14 line items.
i. Page
				headings:
(1) Title: "REAL PROPERTY TAX LIST"; An
				identical list shall also be prepared as the assessor's duplicate;
(2) Page number;
(3) Taxing district name and number;
(4) County name and number; and
(5) County percentage level.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 3 - PREPARATION AND FILING OF EXEMPT PROPERTY TAX LIST AND DUPLICATE › Section 18:12-3.1 - Tax exempt list; format and contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Assessors are
				required to enter on the exempt property list and duplicate, in the form and content
				prescribed by the Director of the Division of Taxation, a description of all
				churches, cemeteries, public buildings, and other real property exempt from taxation
				with the owner's name and the value of such land and buildings.
(b) The size of the exempt property list and
				duplicate should be 14 inches x 17 inches or 8 1/2 inches by 11 inches and consist
				of 14 line items per page.
1. Page headings:
i. Title: "EXEMPT PROPERTY LIST": An identical
				list shall also be prepared as the assessor's duplicate;
ii. Page number;
iii. Taxing district name and number;
iv. County name and number; and
v. County percentage level.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 4 - REVALUATION OF REAL PROPERTY BY APPRAISAL FIRMS › Section 18:12-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Contract" means any agreement between a firm, as defined below,
				  and a municipality for a revaluation or assistance with a reassessment of all of the
				  real property in a municipality.
"Director" means the Director of the Division of Taxation.
"Firm" means any individual, partnership, corporation, or other
				  association contracting to perform a revaluation or to assist with a
				  reassessment.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 4 - REVALUATION OF REAL PROPERTY BY APPRAISAL FIRMS › Section 18:12-4.2 - Authority of the Director; approval of contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				shall establish standards for use in the valuation and revaluation of real property
				for assessment purposes, and shall prescribe minimum qualifications for engaging in
				the business of providing such services to municipalities in this State.
(b) Prior to the execution of any contract, a
				municipality shall submit the contract to the Director for review. The Director
				shall make a determination within 30 days of submission for revaluation contracts
				and within 45 days of submission for reassessment contracts.
(c) No firm shall assign or transfer a contract or
				any interest therein without written permission from the municipality, surety
				company, county board of taxation, and the Director.
(d) No changes will be permitted in the contract
				except upon mutual consent of the contractual parties and written permission of the
				surety company and the Director.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 4 - REVALUATION OF REAL PROPERTY BY APPRAISAL FIRMS › Section 18:12-4.4 - Appraisal firm: required information to be submitted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appraisal firm
				seeking approval from the Director to become a New Jersey revaluation firm shall
				submit the following information annually:
1.
				Financial statements, including balance sheets and income statements for the past
				three years;
2. A list of municipalities
				both in and outside New Jersey where the revaluations were performed during the past
				five years;
3. The names and addresses
				of the officers and the number of years each officer has been engaged in real
				property valuation;
4. A statement of
				whether any litigation involving the firm's performance or revaluation contract
				occurred during the past five years, and a detailed explanation of the nature of
				such litigation and the results;
5. Any
				additional information the Director considers pertinent to determine whether the
				firm has adequate staff and resources to undertake a municipal valuation
				project;
6. A written statement
				asserting that the firm shall meet State and Federal requirements with respect to
				Equal Employment Opportunity laws and minimum wage rates;
7. The names and addresses of the firm's parent
				corporation and subsidiaries, if any;
8.
				A copy of the appraisal license or certification for all principals of the firm
				and/or supervisors employed by the firm and who will be responsible for performing
				appraisals;
9. The nature and extent of
				professional appraisal work the firm has performed and the total number of staff
				currently employed and their titles;
10.
				A breakdown of general staff resources of the firm with regard to field/building
				enumerators and clerical office personnel; and
11. An indication that the firm is able to secure
				a surety bond for the completion of revaluation work performed under
				contract.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 4 - REVALUATION OF REAL PROPERTY BY APPRAISAL FIRMS › Section 18:12-4.5 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contract submitted to the Director shall
				include the following provisions with respect to officers, stockholders, and
				employees of the firm:
1. No commissioner or
				employee of a county board of taxation within the county shall have any interest
				whatsoever, directly or indirectly, as an officer, stockholder, or employee, or in
				any other capacity of the firm.
2. No
				company referred to in
				18:12-4.4(a)7  shall
				represent any property owner or taxpayer filing a tax appeal with respect to a
				revaluation by the firm.