Title 54A, Title 54A: NEW JERSEY GROSS INCOME TAX ACT

54A:6-34 Gross income, certain exemptions, small business stock. 1. Notwithstanding any law or regulation to the contrary, gross income shall not include net gains or income derived from the sale, exchange, or other disposition of qualified small business stock to the extent such…

54A:6-4. Certain death benefits a. Proceeds of life insurance contracts payable by reason of death. b. Employees' death benefits, if such amounts are paid by or on behalf of an employer and are paid by reason of the death of the employee. L.1976, c. 47, s. 54A:6-4, eff. July 8, 1…

54A:6-5. Gifts and inheritances a. The value of property acquired by gift, bequest, devise or inheritance. b. Income. Subsection a. shall not exclude from gross income: 1. The income from any property referred to in subsection a. 2. Where the gift, bequest, devise or inheritance …

54A:6-6. Compensation for injuries or sickness a. Amounts received under workmen's compensation acts as compensation for personal injuries or sickness. b. The amount of damages received, whether by suit or agreement, on account of personal injuries or sickness. c. Amounts receive…

54A:6-7 Certain pay of members of the armed forces, NJNG, exemption from taxable gross income. 54A:6-7. a. Compensation paid by the United States for service in the Armed Forces of the United States performed by an individual not domiciled in this State. b. Amounts received durin…

54A:6-8. Scholarships and fellowship grants a. Any amount received as a scholarship at an educational institution. b. Any amount received as a fellowship grant. c. Any amount received to cover expenses for travel, research or equipment which are incident to a scholarship or resea…

54A:6-9.1. Gains from sale, exchange of principal residence, excludable from gross income; conditions 1. a. The gain realized from the sale or exchange of property by a taxpayer shall be excludable from the gross income of the taxpayer at the election of the taxpayer, which shall…

54A:6-9.2. Applicability of federal "Taxpayer Relief Act of 1997" 3. a. Notwithstanding the provisions of any law to the contrary, a taxpayer who elects to apply the provisions of paragraph (2) or (4) of subsection (d) of section 312 of the federal "Taxpayer Relief Act of 1997" (…

54A:7-1 Requirement of withholding tax from wages. 54A:7-1. Requirement of withholding tax from wages. (a) General.--From and after September 1, 1976, every employer maintaining an office or transacting business within this State and making payment of any wages subject to New Jer…

54A:7-1.1. Voluntary withholding from pensions and annuities Voluntary withholding from pensions and annuities. a. Every payor of a pension or annuity, under an annuity, endowment or life insurance contract, or payments of any such amounts which are received as pension disability…

54A:7-1.2 Entities making payments to unincorporated contractors, 7 percent withholding; exceptions; definitions. 2. a. A person, other than a governmental entity, homeowner, or tenant, maintaining an office or transacting business in this State and making a payment of compensati…

54A:7-2 Information statement for employee or recipient of other payments, earned income credit. 54A:7-2. a. Every employer or payor of a pension or annuity required to deduct and withhold tax under this act from the wages of an employee or from the payment of a pension or annuit…

54A:7-3. Credit for tax withheld 54A:7-3. Credit for tax withheld. Wages or pensions or annuities upon which tax is required to be withheld shall be taxable under this act as if no withholding were required, but any amount of tax actually deducted and withheld under this act in a…

54A:7-4. Employer's or other payor's return and payment of withheld taxes 54A:7-4. Employer's or other payor's return and payment of withheld taxes. (a) General. -- Every employer or payor of a pension or annuity required to deduct and withhold tax under this act shall, for each …

54A:7-5. Liability for withheld taxes 54A:7-5. Liability for withheld taxes. Every employer or payor of pension or annuity required to deduct and withhold tax under this act is hereby made liable for such tax. For purposes of assessment and collection, any amount required to be w…

54A:7-6. Failure to withhold 54A:7-6. Failure to withhold. If an employer or payor of a pension or annuity fails to deduct and withhold tax as required, and thereafter the tax against which such tax may be credited is paid, the tax so required to be deducted and withheld shall no…

54A:7-7. Filing annual reconciliation of tax withheld 54A:7-7. Filing annual reconciliation of tax withheld. Any reconciliation of tax withheld shall be filed by the employer or payor of a pension or annuity with the Division of Taxation on or before February 15 following the clo…

54A:8-1 Payment of tax; returns; extension of time. 54A:8-1. Payment of tax; returns; extension of time. With respect to each taxpayer, the tax imposed by this act shall be due and payable annually, hereafter, in the manner provided in this section: a. Every taxpayer shall annual…

54A:8-10 Filing of estimated tax form required, exceptions. 3. a. A nonresident taxpayer shall file the estimated tax form with the county recording officer, along with the payment of any estimated tax due, at the time the deed is filed with the county recording officer for recor…

54A:8-2. Optional tax tables (a) General.--The director may promulgate uniform tax tables for individual taxpayers for any taxable year. An individual may elect to use or not to use any such tax table for which he is eligible. (b) Preparation of tax tables.--Tax tables promulgate…

54A:8-3. Accounting periods and methods 54A:10A-3. Accounting periods and methods. (a) Accounting periods. - A taxpayer's taxable year under this act shall be the same as his taxable year for Federal income tax purposes. (b) Change of accounting periods. - If a taxpayer's taxable…

54A:8-3.1. Persons required to file 54A:8-3.1. Persons required to file. a. On or before the filing date prescribed in section 1 of this chapter (N.J.S.54A:8-1), an income tax return shall be made and filed by or for: (1) A taxpayer filing as an unmarried individual, an estate or…

54A:8-4 Declarations of estimated tax. 54A:8-4. Declarations of estimated tax. (a) Requirement of filing. Every resident and nonresident individual shall make a declaration of the individual's estimated New Jersey personal income tax for each taxable year beginning after June 30,…

54A:8-5. Payments of estimated tax (a) General. The estimated tax with respect to which a declaration is required shall be paid as follows: (1) If the declaration is filed on or before April 15 of the taxable year the estimated tax shall be paid in four equal installments. The fi…

54A:8-6 Requirements concerning returns, notices, records and statements. 54A:8-6. Requirements concerning returns, notices, records and statements. (a) General. The director may prescribe regulations as to the keeping of records, the content and form of returns and statements, a…

54A:8-6.1 Certain tax preparers required to use electronic methods for filing. 4. a. (1) Notwithstanding any other law to the contrary, for New Jersey gross income tax returns for taxable years beginning in 2006, if a tax preparer prepared or filed 100 or more gross income tax re…

54A:8-6.2 Status of health care coverage, question on the New Jersey Gross Income Tax return, determination of eligibility; definitions. 7. a. Beginning with the 2008 tax year and for each tax year thereafter, the Department of the Treasury shall require that each individual who …

54A:8-7. Report of change in federal taxable income or credit 54A:8-7. a. Report of change in federal taxable income or credit. If the amount of a taxpayer's federal taxable income or earned income tax credit reported on the taxpayer's federal income tax return for any taxable ye…

54A:8-8 Definitions relative to payment of estimated gross income tax on real property sales by nonresidents. 1. As used in P.L.2004, c.55 (C.54A:8-8 et seq.): "Administrative costs" means an amount equal to $10.00 per estimated gross income tax form filed with a county recording…

54A:8-9 Payment of estimated tax by nonresident taxpayer on certain gains. 2. a. A nonresident taxpayer shall estimate and pay the gross income tax liability on the gain, if any, upon the sale or transfer of real property within this State. A nonresident taxpayer shall estimate t…

54A:9-1. Applicability of State Tax Uniform Procedure Law. The taxes imposed by this act shall be governed in all respects by the provisions of the State Tax Uniform Procedure Law (subtitle 9 of Title 54 of the Revised Statutes) except only to the extent that a specific provision…

54A:9-10 Appeal to tax court, claim for refund. 54A:9-10. (a) Appeal to tax court. Any aggrieved taxpayer may, within 90 days after any decision, order, finding, assessment or action of the Director of the Division of Taxation made pursuant to the provisions of this act, appeal t…

54A:9-11. Mailing rules; holidays. (a) Timely mailing. If any claim, statement, notice, petition, or other document (including to the extent authorized by the director, a return or a declaration of estimated tax) required to be filed within a prescribed period or on or before a p…

54A:9-12. Collection, levy and liens (a) Collection procedures. The taxes imposed by this act shall be collected by the director, and he may establish the mode or time for the collection of any amount due him under this act if not otherwise specified. The director shall, upon req…

54A:9-13. Transferees. (a) General. The liability, at law or in equity, of a transferee of property of a taxpayer for any tax, additions to tax, penalty or interest due the director under this act, shall be assessed, paid, and collected in the same manner and subject to the same …

54A:9-14. Jeopardy assessment. (a) Authority for making. If the director believes that the assessment or collection of a deficiency will be jeopardized by delay, he shall, notwithstanding the provisions of N.J.S. 54A:9-2 and N.J.S. 54A:9-16, immediately assess such deficiency (to…

54A:9-16 Armed forces relief provisions. 54A:9-16. Armed forces relief provisions. (a) Time to be disregarded. In the case of an individual serving in the Armed Forces of the United States, or serving in support of such armed forces, in an area designated by the President of the …

54A:9-17. General powers of the director. 54A:9-17. (a) General. The director shall administer and enforce the tax imposed by this act and is authorized to make such rules and regulations, and to require such facts and information to be reported as he may deem necessary to enforc…

54A:9-17.1. Identifying numbers. (a) Supplying of identifying numbers. When required by regulations prescribed by the director: (1) Inclusion in returns. Any person required under the authority of this act to make a return, statement, or other document shall include in such retur…

54A:9-17.2 Filing of tax returns for domestic service workers. 1. a. Notwithstanding the provisions of subsection (a) of N.J.S.54A:7-4 to the contrary, except for an employer also liable for withholding taxes with respect to remuneration for services rendered other than for domes…

54A:9-18. Order to compel compliance. (a) Failure to file tax return. If any person willfully refuses to file an income tax return required by this act, the director may apply to a judge of the superior court for an order directing such person to file the required return. If a pe…

54A:9-19. Exercise of powers and duties of Division of Taxation by director. All the powers, duties and responsibilities vested in the Division of Taxation by this act shall be exercised by the director thereof or his duly designated representative. L.1976, c. 47, s. 54A:9-19, ef…

54A:9-2. Notice of deficiency. (a) General. If upon examination of a taxpayer's return under this act the director determines that there is a deficiency of income tax, he may mail a notice of deficiency to the taxpayer. If a taxpayer fails to file an income tax return required un…

54A:9-20. Appropriation. There is hereby appropriated to the Division of Taxation in the Department of the Treasury the sum of $5.0 million or so much thereof as shall be required to carry out the provisions of this act from the effective date hereof through the period ending Jun…

54A:9-21. Severability clause. If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity. L.1…

54A:9-24. Repeal of Tax on Capital Gains and Other Unearned Income. Chapter 172, Laws of 1975 (C. 54:8B-1 et seq.) is hereby repealed, effective July 1, 1976, and shall be inoperative with respect to capital gains and other unearned income subject to tax, under said act, paid or …