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Tax Law

May 2, 2022New Jersey Tax Alert: New Jersey Lists COVID-19 Policies Still in Effect

The New Jersey Division of Taxation has advised that since the State of Emergency has not been lifted, the following extensions remain in effect: (1) the law which delayed the payment of interest on refunds until six months after the State of Emergency has ended when the original interest payment period ended on or after April 14, 2020; and (2) the statute of limitations for the assessment of tax which runs until 90 days after the State of Emergency has ended if the original assessment or consent period ended after April 14, 2020. The Division also stated that digital signatures will continue to be accepted on extensions of the statute of limitations, closing agreements and the appointment of a Taxpayer Representative. The Division will work with taxpayers to complete its audits through correspondence (mail or electronic) where possible and avoid in-person meetings until further notice. Conferences with taxpayers will take place over the telephone....

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April 29, 2022Supreme Court of NJ Order: Extension Period for Conferences and Appeals Expires May 2, 2022

The New Jersey Supreme Court has determined that because the public health emergency has ended, there is no longer a need to extend certain deadlines for state tax matters. On April 14, 2022, the Court issued an order which ends the extension of time for filing an administrative protest or a Tax Court appeal. An administrative protest must be postmarked by Monday, May 2, 2022 to be considered timely. This applies to any determination or finding of the Director containing protest and appeal rights that would have expired between March 19, 2020 and May 1, 2022 (but for the original order's extension). If an administrative protest is not postmarked by May 2, 2022, the matter will be final and the Division will proceed with collection activity....

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April 22, 2022New Jersey Tax Alert: COVID-19 Test Kits

The New Jersey Division of Taxation has advised that because the presumption in New Jersey is that a lump sum charge that consists of taxable and nontaxable items is subject to tax, retail sales of COVID-19 test kits are taxable. The test kit is presumed taxable because it contains an exempt reagent and other taxable components. The purchase of a COVID-19 test kit that is reimbursed by the federal or New Jersey State government is not exempt under the Sales and Use Tax Act. Purchases of test kits directly by the federal or New Jersey State government are exempt....

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March 25, 2022New Jersey Tax Alert: Virtual Currency and Sales Tax

The New Jersey Division of Taxation has advised that the purchase of convertible virtual currency for investment purposes is treated as the purchase of intangible property and is not subject to sales tax. However, when a person uses convertible virtual currency as payment for taxable goods or services, New Jersey sales tax applies. Any seller and or retailer of taxable goods or services that accepts virtual currency as payment must determine the fair market value in U.S. dollars as of the date of payment and charge the purchaser sales tax on that transaction. Sellers that accept convertible virtual currency must record in their books and records the value of the convertible virtual currency accepted at the time of each transaction, converted to U.S. dollars and record the amount of sales tax collected at the time of each transaction, converted to U.S. dollars....

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February 18, 2022New Jersey Tax Alert: Commuter Transportation Benefits

The New Jersey Division of Taxation has announced that the adjusted limit for employer-provided commuter transportation benefits excludable by an employee for New Jersey Gross Income Tax purposes pursuant to N.J. Rev. Stat. ยง 54A:6-23 is $3,240 for calendar year 2021. This amount will increase to $3,360 for calendar year 2022. (N.J. Div. of Taxation, Commuter Transportation Benefit Limits, 01/25/2022.) Martin D. Hauptman, Chair of the ERISA and Employee Benefits Practice Group at Mandelbaum Barrett is available to answer any questions you have....

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February 11, 2022Tax Alert: Garden State Film and Digital Media Jobs Act Credit

The New Jersey Division of Taxation has updated its list of answers to frequently asked questions regarding the film and digital media tax credit. The Division states that applicants that are seeking to qualify for an additional 5% credit must keep track of all qualified expenses incurred for services performed and goods purchased through qualified New Jersey vendors. The tax credit verification report will include a breakdown of those expenses. If any of the qualified expenses were made through a vendor whose primary a place of business is in one of the counties that qualifies for the increased 5% credit, the county must be notated in the report....

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February 4, 2022Tax Alert: New Jersey's Earned Income Tax Credit (NJEITC)

The New Jersey Division of Taxation is reminding taxpayers and practitioners that for the 2021 tax filing season, the New Jersey's Earned Income Tax Credit (NJEITC) is 40% of the federal credit, following three annual increases under a 2018 law. Additionally, legislation signed as part of last year's budget lowered the minimum age eligibility for the EITC from 21 to 18 and to those 65 and older without dependents. This means that for tax year 2021, New Jersey taxpayers could receive a refundable credit of up to $2,691 with qualifying dependents or $601 without dependents. The maximum credit available for workers without dependents is nearly tripled from previous years in thanks to provisions expanding the federal EITC in the American Rescue Plan. To be eligible for the NJEITC, a taxpayer must: (1) meet all qualifications for the federal earned income tax credit, except for the minimum age requirement; (2) be a resident of New Jersey who works or earns income; (3) have a qualifying child or be at least 18 years old; (4) meet the income limits for their filing status; and (5) have a valid social security number for themselves, their spouse and any qualifying child listed on the tax return....

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January 28, 2022New Jersey Department of Taxation Announcement: New deductions for college related expenses

The New Jersey Division of Taxation has advised that there will be three new deductions available for college related expenses in the 2022 tax year for taxpayers with gross income of $200,000 or less. Taxpayers will be able to deduct up to: (1) $10,000 of contributions made during the year to a New Jersey 529 plan account; (2) $2,500 of principal and interest paid on student loans issued under New Jersey College Loans to Assist State Students; and (3) $10,000 of tuition costs if the taxpayer, his or her spouse or dependent enrolls and attends a New Jersey institution of higher education....

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