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
New Jersey’s Budget requires study on taxation of the digital economy
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…
Taxpayer kicks asparagus: New Jersey Tax Court rules produce distributor protected by P.L. 86-272
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…
So nice to win twice – New Jersey Tax Court again finds that P.L. 86-272 preempts the AMA
The New Jersey Tax Court denied the Division of Taxation’s motion for reconsideration and again found that the Alternative Minimum Tax is preempted by P.L. 86-272. Previously, the New Jersey Tax Court granted summary judgment in favor of the taxpayer and held that the AMA, which was repealed for tax years beginning on or after…
New Jersey Appellate Division Says No Double Taxation Without Remediation
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…
New Jersey Appellate Division Upholds Partnership Filing Fee
In an unpublished opinion, the Appellate Division of the New Jersey Superior Court affirmed the Tax Court’s holding that the New Jersey partnership filing fee does not violate the Commerce Clause of the U.S. Constitution. New Jersey statutes require partnerships with more than two owners and income derived from New Jersey sources to pay an…
A Per Curiam Affirmance by the New Jersey Supreme Court of the Appellate Division Insurance Premium Tax Decision
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,…
SALT Trivia – December 23, 2020
Calling all trivia fans! Don’t miss out on a chance to show off your SALT knowledge!
We will award prizes for the smartest (and fastest) participants.
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?
E-mail your response to …
Legal Alert: New Jersey fixes “trapped dividend exclusion” problem
The New Jersey Division of Taxation issued a notice on November 5th solving the “trapped dividend exclusion” issue faced by many taxpayers as they prepared to file their first New Jersey combined Corporate Business Tax (CBT) returns for the 2019 year. The issue arose due to New Jersey’s adoption of combined reporting and its proposed…
New Jersey Governor Signs Corporation Surtax Increase Bill, A. 4721
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…



