On May 27, the New Jersey Tax Court held that the New Jersey Division of Taxation could not eliminate a taxpayer’s net operating losses generated during years beyond the statute of limitations. The division’s proposed reduction was based on a transfer pricing adjustment between related entities for years never audited by the division and otherwise

New Jersey’s 2022 Fiscal Year appropriations bill requires the New Jersey Division of Taxation to conduct a study of the state tax laws in relation to the “digital economy” and make recommendations on gaps in the current law. The Division’s study must “quantify how various taxes have expanded or reduced the economic activity, and State

The New Jersey Tax Court ruled that the in-state activities of an out-of-state wholesale produce distributor were protected under Public Law 86-272 (P.L. 86-272), a federal law that prohibits states from imposing a net income tax on an out-of-state taxpayer.  The Taxpayer had no offices, property, employees or inventory in New Jersey, but it did

New Jersey’s Appellate Division concluded that a Jersey City payroll tax violated the dormant Commerce Clause because there was no mechanism to resolve disputes if two taxing entities, in different states, impose a payroll tax on the same employee.  The lower court had previously dismissed the case, ruling that the Jersey City payroll tax was

In a per curiam opinion, the New Jersey Supreme Court affirmed an insurance premium tax (IPT) decision of the Appellate Division “substantially for the reasons expressed” in the Appellate Division’s opinion. The New Jersey Appellate Division held that New Jersey’s IPT for self-procured insurance coverage is based only on the risks insured in the state,

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This Week’s Question: Which New Jersey appellate court case from September featured a taxpayer loss that may be an unexpected boon to other corporate taxpayers?

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On September 29, 2020, Governor Philip Murphy signed A. 4721, the bill extending and retroactively increasing New Jersey’s Corporation Business Tax (“CBT”) surtax.

Instead of eliminating the surtax after December 31, 2021, as was previously scheduled, A. 4721 increases the CBT surtax rate to 2.5% and extends the surtax through December 31, 2023 for corporations