Sales and Use Tax

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The New Jersey Division of Taxation has updated its “Frequently Asked Questions” guidance pertaining to changes for determining nexus for sales and use tax purposes for remote sellers based outside the state. In response to the U.S. Supreme Court case of South Dakota v. Wayfair, New Jersey enacted P.L. 2018, c.132, which imposes sales tax collection and remittance requirements on remote sellers with sales that exceed the new nexus threshold. The new threshold is either: (1) the remote seller’s gross revenue from sales of tangible personal property, specified digital products or services delivered into New Jersey during the current or prior calendar year exceeds $100,000; or (2) the remote sellers sold tangible personal property, specified digital products, or services delivered into New Jersey in 200 or more separate transactions during the current or prior calendar year.

The Division’s guidance provides additional clarity on the following key points:

  • The nexus changes took effect beginning on November 1, 2018 and are not applied retroactively to prior periods.
  • In computing the $100,000 sales threshold for nexus, all sales delivered into the state are included—this includes nontaxable retail sales as well.

Continue Reading New Jersey Division of Taxation Provides Additional Guidance for Remote Sellers

After weeks of negotiation and discussion regarding competing tax proposals in Trenton, a deal has been struck on the state budget and tax reform by Governor Phil Murphy and legislative leaders. The result is a host of business tax changes enacted as part of Assembly Bills A-3088, A-3438 and A-4202. Here is a summary of some of the major business tax changes set to take effect in New Jersey:

Tax Amnesty

  • A-3438 provides for a 90-day tax amnesty period to run through no later than January 15, 2019.
  • Under the new amnesty, any taxpayer with liabilities for returns due on or after February 1, 2009, can pay the tax, plus half the interest due as of November 1, 2018 and avoid any penalties with the exception of criminal and civil fraud penalties.
  • An eligible taxpayer cannot be notified of or be under criminal action or investigation.
  • The new law also imposes a 5 percent non-participation penalty for liabilities eligible for amnesty that are subsequently discovered by the Division of Taxation.

Continue Reading New Jersey Taxes—They Are a-Changing…

Today, the U.S. Supreme Court issued a landmark decision in the state and local tax world which overturns precedent going back to 1992. The decision, South Dakota v. Wayfair, No.17-494 (June 21, 2018), means that state and local taxing jurisdictions throughout the country can now compel online sellers to collect sales tax for sales made to customers in that particular state or local jurisdiction, even if the seller does not have a presence there.
Continue Reading U.S. Supreme Court Overturns Quill: Online Sellers Can Now be Compelled to Collect Sales Tax

On March 13th, New Jersey Governor Murphy delivered his administration’s first budget address.  In the address and subsequent summary of the budget proposals, the Governor called for a number of different personal income tax, corporate tax and sales tax changes.  The corporate tax changes are being labeled as a “modernization” of business taxes.  Some of the key tax changes include the following:

  • Increasing the Gross Income Tax (“GIT”) deduction for property taxes paid from $10,000 to $15,000.
  • Closing the carried interest loophole in New Jersey tax.  At this point, it is not clear exactly what form this proposal will take but there is currently pending legislation which would impose a special surtax on such income and eliminate the exclusion from GIT for nonresidents performing investment/intangible management activities in New Jersey.

Continue Reading Governor Murphy Calls for Tax Reform

When it comes to New Jersey tax credits and incentives, many are familiar with the Grow New Jersey, Economic Redevelopment and Growth grant and Angel Investor Tax Credit programs.  However, an area that is often over-looked is that of sales tax exemptions—specifically for manufacturing, processing, telecom and research and development activities.  And these benefits can be substantial and taken advantage of while receiving other discretionary tax incentives offered by the New Jersey Economic Development Authority.

In general, sales tax is imposed on sales of tangible personal property and certain specified services that are not purchased for resale.  If sales tax is not collected on an otherwise taxable sale because the seller is not based in New Jersey and there is no available exemption from tax, the purchaser must report and pay use tax to the state, which is equivalent to the state sales tax.  The current sales/use tax rate in New Jersey is 6.625 percent.Continue Reading Want to Save an Extra 6.625 Percent on Equipment Purchases and Replacement Parts?

Businesses that purchase or sell software, cloud computing resources or digital information services face a host of challenges when it comes to sales/use tax compliance.  The potential for unforeseen tax liability will only increase over time as software products and services become even more intricate and prevalent in the business world.

Vendors and providers of consumer products and services know the basic rules for sales tax but in the case of software and related services, the rules can be trickier.Continue Reading A Taste of SALT for Software and Data Providers