Martin Hauptman is a Partner in the firm’s Trusts & Estates, and Taxation practice groups. His practice primarily focuses on ERISA, pension planning and administration, estate planning and administration, business succession planning, entity formations and planning (including corporations, limited liability corporations, partnerships, etc.), mergers and acquisitions, IRS and state tax representation, tax and probate litigation, as well as federal and state tax matters.

Martin is a Certified Public Accountant who has significant experience in the design, drafting and termination of qualified plans, sophisticated estate planning, and corporate and individual tax planning. He has represented clients before the Internal Revenue Service and state taxing authorities in complex tax matters, including audits of qualified plans and matters involving the IRS Closing Agreement Program. Martin has also in the past successfully concluded audits to prevent the disqualification of qualified plans; facilitated transfers of closely held businesses to create significant tax savings using Employee Stock Ownership Plans; developed creative corporate tax strategies for an airline, which resulted in substantial tax savings; and successfully negotiated with the Department of Labor to enable a profit-sharing plan to invest in the employer’s business.

Martin’s published works include “Taxation of Distributions from Qualified Plans,” Tannen – Recent NJ Case Upholds Protection of Trust, Matrimonial Strategist, December 2011.He is a frequent lecturer for New Jersey Institute of Continuing Legal Education.

Martin was named to the Super Lawyers list and is AV Preeminent Peer Review Rated by Martindale Hubbell. He has also been recognized by his peers since 2020 to the “Best Lawyers in America list.”*

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. A description of the standard or methodology used by Best Lawyers can be found here.

  • American Bar Association
  • New Jersey State Bar Association
    – Member, Section on Taxation
    – Executive Council, Section on Taxation, 1982
    – Vice Chairman, Death Tax Committee, 1983 – 1988
    – Chairman, Employee Benefits Committee, 1988 – 1990
  • Essex County Bar Association
  • Estate Planning Council of Northern New Jersey
  • Union County Society of Certified Public Accountants
  • New Jersey Society of Certified Public Accountants
  • New Jersey State Bar Association, Consultor, Real Property Trust and Estate Law Section,

Super Lawyers list

AV Preeminent Peer Review Rated by Martindale Hubbell

“Best Lawyers in America list.”* 2020

  • State of New Jersey, 1973
  • US District Court, District of New Jersey, 1973
  • US Tax Court, 1974

  • Rutgers University Law School, J.D.
  • – Member, Rutgers University Law Review 1972-1973
  • Fairleigh Dickinson University, B.S. in Accounting

Mandelbaum Barrett PC Secures Non-Profit Status for an Independent Medical Practice PC

March 13, 2024

Mandelbaum Barrett PC’s healthcare and non-profit tax law teams have secured IRS recognition of non-profit status on behalf of an independent medical professional corporation, as an independent charity and not derivatively by associating with another charity under the “integral part” test. Because a professional corporation is, by operation of the state’s professional corporation act, a for-profit entity, […]

Understanding the IRS Guidance on Tax Treatment of Energy-Efficient Rebates

July 12, 2024

The IRS guidance provides clarity on the tax treatment of rebates for energy-efficient property and improvements, offering valuable insights for taxpayers navigating these incentives. By understanding the coordination rules outlined in the guidance, taxpayers can optimize their tax strategies while promoting energy efficiency. As the landscape of energy incentives evolves, staying informed about these guidelines becomes increasingly important for taxpayers and businesses alike.

2025 HSA and Excepted Benefits Inflation-Adjusted Limits

July 9, 2024

Staying informed about these changes can help you maximize the benefits of your HSA and make more informed decisions about your healthcare coverage. If you have any questions or need further assistance, consider consulting with a tax professional or financial advisor to make the most of your HSA contributions and benefits.

New York Updates Guidance on Pass-Through Entity Tax

June 25, 2024

To claim the PTET credit, eligible claimants must file an individual personal income tax return and attach Form IT-653 (Pass-Through Entity Tax Credit). The PTET credit cannot be claimed on Form IT-203-GR (Group Return for Nonresident Partners) or Form IT-203-S (Group Return for Nonresident Shareholders of New York S Corporations). Additionally, claimants must include an additional modification to their federal adjusted gross income or federal taxable income on their New York state personal income tax return equal to the PTET credit they are claiming.

New Jersey Updates Personal Income Tax Sourcing and Allocation Rules

June 11, 2024

New Jersey's updated personal income tax sourcing and allocation rules introduce significant changes that align with corporate tax methodologies. Businesses operating across state lines need to understand these changes to ensure compliance and optimize their tax positions. For more detailed information, refer to the New Jersey Division of Taxation Technical Bulletin No. TB-112(R).

Taxpayers Now Qualify for Home Energy Credits

June 7, 2024

Taxpayers can benefit from home energy credits for making energy-efficient upgrades, as outlined in IRS announcement (IR 2024-137). Eligible improvements, such as exterior doors and insulation, can earn up to $3,200 in credits. Additionally, the Residential Clean Energy Credit covers 30% of costs for qualified clean energy installations like solar panels and geothermal heat pumps.

Updated Guidance on Sales of New Jersey Real Estate

June 3, 2024

Technical Bulletin No. TB-57(R) outlines new requirements for real estate transactions in New Jersey, effective January 30, 2024. Nonresidents selling property must withhold either 10.75% of the net gain or 2% of the sale price, whichever is higher. Accurate form completion and compliance are crucial to avoid penalties.

New Jersey’s Affordable Housing Projects: Tax Exemptions and Guidelines

May 29, 2024

The introduction of tax exemptions for affordable housing projects in New Jersey signifies a significant stride towards addressing the state's housing affordability challenges. By providing financial relief to stakeholders involved in these initiatives, New Jersey reaffirms its commitment to promoting equitable access to housing for all its residents, irrespective of income levels. It's imperative for stakeholders to leverage these exemptions effectively to maximize the positive impact on affordable housing development across the state.

What New Jersey Taxpayers Need to Know About Partnership Income Reporting

May 24, 2024

Staying informed about updates in tax regulations is vital for taxpayers to fulfill their obligations accurately. The recent update from the New Jersey Division of Taxation regarding the reporting of income from partnerships underscores the importance of staying abreast of state-specific requirements. By adhering to these guidelines and seeking professional assistance when needed, taxpayers can effectively navigate partnership income reporting in New Jersey and maintain compliance with state tax laws.

Maximizing Tax Benefits: The New Affordable Housing Depreciation Rule

May 17, 2024

Lawmakers have introduced a significant change to the tax code, effective for tax years beginning on or after January 1, 2025. This legislation allows taxpayers to elect a 10-year depreciation period for new affordable housing they construct, aiming to increase the availability of affordable housing for households earning no more than 80% of the regional median income.

New Jersey Introduces Tax Exemption to Boost Affordable Housing

May 15, 2024

New Jersey's recent tax exemption for materials, supplies, and services in affordable housing projects marks a significant leap forward in combating the housing crisis. This incentive aims to spur construction and renovation efforts, fostering socio-economic inclusivity and expanding housing options for low-income individuals. The move underscores the state's commitment to building a more equitable housing landscape.

New Jersey Introduces Accelerated Depreciation for Affordable Housing

May 10, 2024

New Jersey's new policy incentivizes affordable housing development through accelerated depreciation starting in 2025. The legislation defines affordable housing as units for households with incomes below 80% of the regional median. Eligible properties can opt for a 10-year depreciation period. This move aims to stimulate investment and alleviate the housing affordability crisis in the state.

New Jersey’s Adoption of the Federal Partnership Audit Regime

May 1, 2024

The New Jersey Division of Taxation has adopted the federal centralized partnership audit regime, streamlining processes and compliance efforts. Partnerships must adjust to new protocols, including the default and election methods, to address federal adjustments and tax liabilities. Adherence to specified timelines is crucial to mitigate penalties and financial implications.

New Reporting Rules for Grow NJ Credits in New Jersey

April 19, 2024

The New Jersey Economic Development Agency (EDA) has amended reporting requirements for Grow NJ credits, effective April 1, 2024, to enhance transparency. Businesses must now submit annual reports with CPA certification, ensuring compliance. These changes heighten scrutiny and underscore the state's commitment to accountability, urging businesses to uphold regulatory standards for continued eligibility.

New Modifications to Motor Fuel Tax Formula: What You Need to Know

April 12, 2024

Recent legislative amendments, outlined in L. 2024, A4011 (c. 7), aim to boost revenue for infrastructure projects and promote eco-friendly transportation. The law sets escalating targets for petroleum product taxes, ensuring increased revenues. A novel fee structure for zero-emissions vehicles will gradually rise, reflecting a strategic move towards sustainable infrastructure and equitable contributions.

Empowering Communities: Unlocking Property Tax Exemptions for Affordable Housing Projects

April 1, 2024

As of March 20, 2024, municipal bodies may grant property tax exemptions to affordable housing units, fostering their development and preservation. Supported by state or municipal housing trust funds, sponsors contribute to local services through payments, while exemptions spur development in low-income areas. Challenges include budget management and sponsor accountability, requiring diligent oversight for success.

New Jersey Lawmakers Approve Gas Tax Hike to Bolster Transportation Funding

March 25, 2024

New Jersey lawmakers have approved a gas tax hike to boost transportation funding, aiming to address infrastructure needs. The bill, A4011, raises the gas tax gradually over five years, generating revenue for vital projects. While consumers may face higher prices at the pump, the investment promises long-term benefits including safer roads and economic growth.

Navigating New Jersey’s Updated Retirement Income Tax Guidelines

March 15, 2024

Ensuring a stable financial future is crucial, especially nearing retirement. Understanding tax implications is vital. New Jersey's Division of Taxation offers updated guidance on retirement income taxation, clarifying handling of contributions to tax-deferred accounts. Exclusions are available, providing avenues to minimize tax burdens. Consulting professionals and official resources is recommended for effective planning.

Governor Murphy Proposes Corporate Transit Fee: What You Need to Know

March 8, 2024

Governor Phil Murphy's budget speech unveiled a bold plan: a corporate transit levy targeting big businesses. This initiative seeks to tackle transportation woes and broaden funding avenues. Set at 2.5% for firms with over $10 million in income, it promises better transit and infrastructure. While stirring debate, its potential to reshape commuting and infrastructure funding remains pivotal.

Introducing the Enhanced 2023 Senior Freeze Program in New Jersey

March 4, 2024

Introducing the Enhanced 2023 Senior Freeze Program in New Jersey: The New Jersey Division of Taxation launches the improved Senior Freeze program for eligible seniors statewide. Key updates include an increased income limit of $150,000 and the elimination of the 10-year residency requirement. Eligibility criteria and application details are available, with a deadline of October 31, 2024.

Navigating ERC Compliance: Identifying Red Flags and Ensuring Accuracy

March 1, 2024

The IRS has flagged warning signs for potential inaccuracies in Employee Retention Credit (ERC) claims, urging businesses to act swiftly before the March 22, 2024 deadline. Red flags include excessive quarter claims, non-qualifying government orders, inaccurate employee counts, and misattributed supply chain issues. Eligible businesses can rectify issues through the Voluntary Disclosure Program for a 20% repayment reduction. Accuracy and compliance are crucial to avoid penalties. Prompt action and professional guidance are advised.

S Corporation Update: New Jersey Enhances Guidelines for S Corporation Elections

February 26, 2024

The New Jersey Division of Taxation has updated guidelines for S corporation elections, streamlining procedures for shareholder consent. When registering a new business through the NJ-REG system, indicate federal S corporation or QSSS status and upload the federal approval letter. Alternatively, submit documentation with Form CBT-100S or use the S Corporation Election system. Contact Martin D. Hauptman for advice.

Navigate Tax Regulations Effortlessly with 2024 IRS Mileage Rates Update

February 23, 2024

Stay ahead of the curve in 2024 with IRS's newly released standard mileage rates. For business use, the rate rises to 67 cents per mile. Medical or moving purposes see a decrease to 21 cents per mile, while charitable service remains at 14 cents. Keep operations efficient and compliant with these updated rates.

Updated Guidance on Tax Withholding for Nonresidents Selling Real Estate in New Jersey

February 20, 2024

The New Jersey Division of Taxation updated guidance on tax withholding for nonresident real estate sellers. Nonresidents must withhold income tax at 10.75% of the gain or 2% of total consideration. Reporting via GIT/REP forms is required, with options for exemptions. Refund claims are available if tax withheld exceeds liability. Consult Bulletin TB-57(R) for details.

New Jersey Raises Interest Rates on Outstanding Tax Balances for 2024

February 16, 2024

The New Jersey Division of Taxation raised the interest rate on tax balances for 2024, from 11.25% to 11.50%. This change affects individuals and businesses, increasing the cost of overdue taxes. Taxpayers must plan accordingly, understanding the reasons behind the adjustment and proactively managing their financial obligations to minimize impact.

New Jersey Introduces 2024 Social Equity Excise Fee for Cannabis Sales

February 5, 2024

The New Jersey Division of Taxation has adjusted the Social Equity Excise Fee (SEEF) for recreational cannabis, effective January 1, 2024. Class 1 license holders must now file monthly tax returns and pay $1.24 per ounce, down from $1.52 in 2023. Compliance is vital for contributing to the industry's growth.

Key Changes in New Jersey’s 2023 Income Tax Returns

February 2, 2024

As New Jersey residents gear up for the 2023 income tax season, the Division of Taxation unveils crucial adjustments. The filing deadline extends to April 15, 2024, granting extra time. Contribution limits are revised: unemployment insurance capped at $174.68, employee disability insurance at $0, and family leave at $94.08. Child Tax Credit offers up to $1,000 for dependents under five. Nonresident taxpayers face sourcing alterations in compensation. Completing the NJ-EZ Enroll Form exempts from shared responsibility payments, easing healthcare coverage concerns. Stay informed, consult professionals, and file accurately and promptly for optimal financial management.

New Jersey Updates CBT Return Requirements with Federal Form 7205

January 29, 2024

Staying compliant with tax regulations in New Jersey is vital for businesses. The recent Division of Taxation update introduces changes to Corporation Business Tax (CBT) return requirements, notably with the inclusion of Federal Form 7205, emphasizing energy efficiency in commercial buildings. Businesses must review expenses to qualify for deductions, ensuring accurate reporting to avoid penalties. Contact Martin D. Hauptman for further guidance.

New Jersey Clarifies Tax Guidelines for IFRS Users

January 22, 2024

The New Jersey Division of Taxation has released guidance for taxpayers using International Financial Reporting Standards (IFRS) instead of U.S. Generally Accepted Accounting Principles (GAAP). Differences between the two won't incur penalties, and taxpayers are encouraged to document explanations for significant numerical variations. This reflects New Jersey's commitment to facilitating businesses in navigating international financial reporting complexities, fostering transparency and cooperation. For further information, contact Martin D. Hauptman at (973) 243-7912 or mhauptman@mblawfirm.com.

New Jersey Streamlines Qualified Research Expense Deductions for Taxpayers

January 8, 2024

Effective January 1, 2022, New Jersey has streamlined qualified research expense deductions, allowing businesses to deduct expenditures in the same year as claiming the Corporation Business Tax Research and Development Tax Credit. The process is simplified, with deductions reported on Schedule A, Part II, and amended returns provide flexibility. Uniformity with federal tax treatment is maintained for non-New Jersey expenditures, while cannabis licensees gain deduction flexibility from January 1, 2023. These changes promote simplicity and flexibility, requiring businesses to stay informed and consult with tax professionals for optimal benefit.

IRS Introduces Special Withdrawal Process for Employee Retention Credit Claims

January 8, 2024

To safeguard small businesses from potential scams, the IRS introduces a special withdrawal process for those apprehensive about the accuracy of Employee Retention Credit (ERC) claims. This initiative enables eligible employers to retract their claims, preventing future repayment issues, and forms part of the IRS strategy to counteract fraud in ERC filings. The ERC, intended to aid businesses during the pandemic, undergoes heightened compliance scrutiny and a moratorium on new claims. The IRS underscores the importance of consulting reliable tax professionals and cautions against relying on marketers for ERC guidance. To stay informed, employers can access withdrawal instructions on the IRS website, attend a November 2 webinar, and utilize interactive tools provided online.

IRS Reminder: RMD Deadline for Those Aged 73 and Older

December 22, 2023

As 2023 approaches, the IRS emphasizes the year-end deadline for required minimum distributions (RMDs) from IRAs and retirement plans. The Secure 2.0 Act raises the RMD age requirement to 73. Individuals aged 73 and older must complete RMDs by December 31, considering new legal requirements in 2023. Stay informed for prudent financial decisions.

IRS Announces Pandemic-Related Penalty Relief for Millions

December 22, 2023

The Internal Revenue Service (IRS) has introduced a substantial relief measure in response to COVID-19 challenges. The $1 billion initiative benefits approximately 4.7 million taxpayers who missed automated collection reminders during the pandemic. With a focus on those earning under $400,000 annually, the IRS plans to resume regular collection procedures while offering a more lenient approach to overdue tax bills.

Preserving Farmland in New Jersey

November 28, 2023

New Jersey reinforces its commitment to its agricultural heritage through the Division of Taxation's re-affirmed farmland assessment regulations, effective from October 19, 2023, under N.J. Admin. Code §§ 18:15. These regulations, in place until October 19, 2030, provide favorable tax treatment to eligible farmland owners, supporting local farmers and preserving landscapes for sustainable farming. This initiative reflects New Jersey's dedication to safeguarding agricultural traditions and securing the future of farming.

Exemption for Disabled Veterans in New Jersey

November 28, 2023

New Jersey's Division of Taxation has reaffirmed its commitment to the exemption for disabled veterans, effective until October 19, 2030. This exemption recognizes the sacrifices of veterans disabled in service, providing relief from specific tax obligations to ease their financial burden and improve their quality of life. The re-adopted regulations under N.J. Admin. Code §§ 18:14 reflect the state's ongoing dedication to supporting and recognizing those who have served our nation.

IRS Delays Form 1099-K Reporting Threshold Change

November 28, 2023

The IRS has postponed the Form 1099-K reporting threshold changes originally slated for 2023, following concerns from tax professionals and payment facilitators. The phased-in approach, commencing in 2024 at a $5,000 threshold, aims to alleviate taxpayer confusion. IRS Commissioner Danny Werfel stresses the importance of feedback, allowing effective implementation and addressing income reporting responsibilities. Additional guidance is expected before the upcoming tax season.

GILTI and FDII Guidance for 2023

October 23, 2023

The New Jersey Division of Taxation has released updated guidelines in Technical Bulletin No. TB-110 and TB-88(R) dated September 12, 2023. These documents explain how Global Low Tax Intangible Income (GILTI) and Foreign-Derived Intangible Income (FDII) will be taxed for businesses in New Jersey, with relevance for tax years ending on or after July 31, 2023.

New Jersey Offers Tax Credit for Challenging Out-of-State Tax Rules

October 23, 2023

New Jersey residents facing tax challenges from other states can now find relief. The state offers a tax credit to those who successfully challenge the 'Convenience of the Employer' rule imposed by other states. This credit eases the financial burden and encourages fairness for remote workers in the Garden State.

New Jersey Tax Court Retroactively Updates Royalty Addback Rule

October 23, 2023

In a significant ruling, the New Jersey Tax Court has applied a 2020 amendment retroactively to the state's royalty addback regulation. This decision carries profound implications for businesses, altering the way they calculate taxable income when related-party royalties are involved.

The Senior Freeze Program

October 18, 2023

The New Jersey Department of Treasury has announced an important deadline for senior residents looking to apply for the Senior Freeze Reimbursement program. The deadline for filing applications is October 31, 2023, so eligible residents need to act promptly. Eligibility Requirements To qualify for this program, applicants must meet specific criteria: New Changes Notably, for […]

Navigating State Tax Rules: Understanding the ‘Convenience of the Employer’ Rule for Remote Workers in New Jersey and Connecticut

October 18, 2023

The New Jersey Division of Taxation has recently updated its guidance regarding the “convenience of the employer” rule, with specific implications for Connecticut residents. This rule has a significant impact on how income is taxed for remote workers, and the latest information sheds light on how it operates in the context of interstate work arrangements. […]

Updating Payment Codes and Handling Overpayments: New Guidelines for Former BFC-1 Filers in New Jersey

October 18, 2023

New Jersey's tax division issues guidance for former BFC-1 filers, requiring them to update payment codes to align with CBT-100 and manage overpayments before filing

Video: Gary and Martin discuss why they became Attorneys

October 12, 2023

Martin and Gary reflect on their 'whys'. While Marty embarked on this journey to deepen his understanding of tax complexities, Gary was driven by a steadfast belief in the rule of law. It's more than just a profession; it's a lifelong commitment to their respective passions and principles.

Video: Sky High Successes

October 3, 2023

Martin Hauptman recounts some of his most successful outcomes as well as the story of how he helped Kiwi Airlines take flight.

Video: Advice to for Young Attorneys

October 3, 2023

Martin Hauptman and Gary Young have a combined 100 years of experience in the field, we asked them what advice they would have for attorneys who are just starting out.

Automatic Filing of Anchor Benefit Applications in New Jersey: A Step Towards Ease and Convenience

August 25, 2023

In an effort to streamline the process for Anchor benefits, the New Jersey Division of Taxation has introduced a new initiative to automatically file 2020 Anchor applications for qualified residents. This is a significant step for those who received a 2019 Anchor benefit earlier this year, making the process more accessible and hassle-free. Qualified residents […]

IRS Warns of ESOP Compliance Issues as Enforcement Ramps Up

August 25, 2023

The IRS has sounded the alarm bell for businesses and tax professionals over compliance issues concerning Employee Stock Ownership Plans (ESOPs). As part of its commitment to ensure fair application of tax laws and that high-income filers pay the required taxes, the IRS announced a comprehensive plan to increase compliance enforcement on ESOPs (IR 2023-144, […]

Individual Home Energy Tax Credits for 2023

August 25, 2023

In an era where sustainable living and energy efficiency are at the forefront of national policy, taxpayers making home energy improvements in 2023 have something to cheer about. The Inflation Reduction Act of 2022 has expanded and increased the amount of tax credits available for those investing in energy-efficient home improvements. This blog post will […]

New Jersey’s Convenience of the Employer Rule Explained

August 22, 2023

The New Jersey Division of Taxation recently expanded its interpretation of the convenience of the employer rule, providing clarity on which nonresidents will be subject to the rule (State Tax Update, 08/08/2023). This development is significant for employees who work in New Jersey but reside in states that have similar laws. Who Does the Rule […]

2023 Modifications to New Jersey’s Tax Credit Programs

August 11, 2023

Effective from 07/20/2023, New Jersey has enacted modifications to its tax credit programs, specifically targeting the New Jersey Innovation Evergreen Act and the Food Desert Relief Act (L. 2023, S3783, c. 118). Innovation Evergreen Act The provisions related to eligibility for becoming a qualified business under the Innovation Evergreen Act have been made more stringent. […]

New Jersey Enacts Tax Laws Impacting Nonresident Employees and Credit Programs

August 2, 2023

Governor Murphy Reinforces the Convenience of the Employer Rule for Nonresident Employees On July 21, 2023, New Jersey Governor Phil Murphy signed into law a noteworthy change concerning nonresident employees working for New Jersey employers. This change is particularly significant for those who are residents of states that use a “convenience of the employer” rule […]

New Jersey Corporate Income Tax: Revised Timing for Deducting Research and Development Expenditure

July 21, 2023

In a notable move for businesses operating in New Jersey, the state’s Division of Taxation has recently introduced a new law that affects the timing of tax deductions for research and development (R&D) expenditures. The amendment, which is part of L. 2023, A5323 (c. 96), will impact tax years ending on or after January 1, […]

New Jersey’s Corporate Income Tax: A New Era for Cannabis Businesses

July 21, 2023

The New Jersey Division of Taxation has recently issued a technical bulletin discussing critical changes in the taxation of cannabis businesses, particularly how income computation and reporting are influenced by a new law. Starting from the tax years beginning on or after January 1, 2023, New Jersey has made a decisive move by decoupling itself […]

Ensuring Continuity and Proper Handling When a Tax Practitioner Becomes Incapacitated or Dies

July 12, 2023

In a recent alert dated June 27, the IRS’ Office of Professional Responsibility (OPR) addressed a critical topic that all tax practitioners should be mindful of: What to Do When a Tax Practitioner Becomes Incapacitated or Dies. The OPR outlined best practices and provided invaluable guidance on implementing a comprehensive succession plan to ensure the […]

Understanding New Jersey’s Sourcing Rules for Business Taxes

July 11, 2023

On July 3, 2023, New Jersey Governor Phil Murphy signed a law that adopts certain corporation business tax (CBT) sourcing rules for gross income tax purposes. However, these sourcing rules apply only if the taxpayer cannot readily ascertain its income from New Jersey sources. (L. 2023, A5323, effective for tax years beginning on or after […]

Back-to-School Sales Tax Holiday

July 6, 2023

New Jersey is set to hold a sales tax holiday between August 26 and September 4, providing a temporary exemption from sales tax on certain retail purchases. Aimed at promoting affordability and stimulating the economy, this tax holiday applies to computers, school supplies, and sports or recreational equipment. Individual purchasers for non-business use can take advantage of this opportunity to save on items such as computers priced under $3,000, school art supplies, instructional materials, and sports equipment. The government's intention is to alleviate the financial burden on individuals, particularly those preparing for the upcoming school year, by temporarily eliminating sales tax on these essential goods.

The Inflation Reduction Act of 2022: What You Need to Know about Federal Funding for Electric Vehicles

March 8, 2023

The Inflation Reduction Act of 2022 (IRA), signed into law on August 16, 2022, directs new federal spending toward reducing carbon emissions, lowering healthcare costs, funding the Internal Revenue Service, and improving taxpayer compliance. The law renewed the Clean Vehicle Credit for new electric vehicles. Electric Vehicle Credits The law renewed the $7,500 Clean Vehicle Credit for new […]

New Jersey Taxation Updates

February 22, 2023

Filing status. The New Jersey Division of Taxation has updated its publication that discusses filing status. The publication states that a civil union couple, even if legally sanctioned in another state, must file their gross income tax return as either Married/Civil Union Filing Jointly or Married/Civil Union Filing Separately even though the Internal Revenue Service […]

New Jersey Provides Credits for Low Carbon Concrete.

February 3, 2023

L. 2023, S287 (c. 4), effective 6 months from 01/31/2023, provides corporation business tax and gross income tax credits for certain deliveries of low carbon concrete and for costs of conducting environmental product declaration analyses of low carbon concrete. Under the bill, for the delivery of low embodied carbon concrete, a taxpayer may be eligible for […]

IRS Issues Standard Mileage Rates for 2023

January 3, 2023

The IRS has issued the 2023 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. (Notice 2023-3, 2023-3 IRB; IR 2022-234 (12/29/2022)) Beginning on January 1, 2023, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

Marty D. Hauptman Comments on NJ.com’s Reader Questions

December 16, 2022

“You should be prepared for the tax consequences of a home sale before you get in too deep. You’re probably asking about the capital gains exclusion — the Section 121 exclusion — on a home sale. To qualify, you must meet both the ownership test and the use test, said Martin D. Hauptman, partner in the trust and estates […]

5 Key Tax Updates to Be Aware of in 2023

December 15, 2022

As the end of the year approaches, it’s important to stay up-to-date on the latest tax updates. Martin D. Hauptman, Esq., partner in the Firm’s Trusts & Estates, Tax & ERISA Practice Groups brings you 5 key tax updates to be aware of before 2023. Challenge to partner fee structure rejected. The U.S. District Court […]

New Jersey Adopts Regulations for Historic Property Reinvestment Program

November 11, 2022

Effective November 7, 2022, the New Jersey Economic Development Authority has adopted N.J.A.C. 19:31-26 et seq., to provide regulations for the historic property reinvestment program that was first enacted in 2020. The regulations deal with eligibility criteria; application submission requirements; fees; review and approval of completed applications; approval letters and rehabilitation agreements; reporting requirements and […]

IRS Eliminates Penalties for Certain 2021 and 2022 Required Minimum Distribution Failures

November 2, 2022

In Notice 2022-53 , 2022-44 IRB (Oct. 31, 2022), the IRS stated that the final regulations on required minimum distributions will not apply earlier than the 2023 distribution calendar year, and that the 50 percent excise tax under Code Sec. 4974(a) that is otherwise imposed on certain missed required minimum distributions will not be imposed for years 2021 and […]

2023 Social Security Wage Base Increases to $160,200

October 25, 2022

The Social Security Administration (SSA) has announced that the maximum earnings subject to Social Security tax (Social Security wage base) will increase from $147,000 to $160,200 in 2023 (an increase of $13,200). The maximum Social Security employer contribution will increase $818.40 in 2023. (SSA Press Release, 10/13/2022) For 2023, the FICA tax rate for both […]

New Jersey’s Senior Freeze Program Application Deadline Approaching

September 9, 2022

The State Treasurer is reminding residents eligible for the Senior Freeze property tax reimbursement program to apply for the benefit prior to the October 31, 2022 deadline. New Jersey’s Senior Freeze program reimburses eligible senior citizens and disabled individuals for increases in property taxes or mobile home park site fees on their principal residence. In recent […]

IRS Notice: COVID Tax Relief

August 26, 2022

The IRS has issued Notice 2022-36 providing pandemic-related tax relief. This notice provides relief for certain taxpayers from certain failure to file penalties and certain international information return (IIR) penalties with respect to tax returns for taxable years 2019 and 2020 that are filed on or before September 30, 2022. This notice also provides relief […]

IRS Update: Estate Tax Return

July 19, 2022

In Revenue Procedure 2022-32, the IRS stated that it will now permit an executor of an estate that is not otherwise required to file an estate tax return to file a late return to elect portability, up to five years after the date of the decedent’s death. Filing this return does not change the statute of limitations […]

New Jersey Child Tax Credit Program

July 8, 2022

L. 2022, S2523, effective for tax years beginning on or after 01/01/2023, provides to New Jersey residents, a child tax credit for each child who has not attained six years of age as of the close of the tax year. Regardless of filing status, the amount of the credit will be: (1) $500 if New Jersey […]

New Jersey Tax Alert: New Jersey Governor Phil Murphy and legislative leaders have reached an agreement on a proposal for a back-to-school sales tax holiday.

June 28, 2022

The sales tax holiday would take place from August 27 to September 5, 2022. Under the sales tax holiday, tax exempt supplies and equipment include: (1) school supplies, such as pens and pencils, notebooks, and binders; (2) school art supplies, such as paints and paintbrushes, clay, and glazes; (3) school instructional materials, such as reference […]

IRS Increases Mileage Rate for the Remainder of 2022

June 24, 2022

In June 2022, the IRS announced an increase in the optional standard mileage rate for the final six months of 2022. Taxpayers may use the optional standard mileage rates to calculate the deductible costs of operating an automobile for business and certain other purposes. These new rates become effective 7/1/2022. Mandelbaum Barrett PC Tax Law […]

Tax Alert: NJ Retirement Guide

May 6, 2022

The New Jersey Division of Taxation has prepared a tax guide for retirees in New Jersey discussing the taxability of various sources of retirement income including pensions, IRAs and annuities. Some other important topics included are the pension exclusion, life insurance policies, the tax consequences related to qualified domestic relations order saving plans and the […]

New Jersey Tax Alert: New Jersey Lists COVID-19 Policies Still in Effect

May 2, 2022

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.

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

April 29, 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.

New Jersey Tax Alert: COVID-19 Test Kits

April 22, 2022

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.

New Jersey Tax Alert: Virtual Currency and Sales Tax

March 25, 2022

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.

New Jersey Tax Alert: Commuter Transportation Benefits

February 18, 2022

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. § 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 PC is available to answer any questions you have.

Tax Alert: Garden State Film and Digital Media Jobs Act Credit

February 11, 2022

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.

Tax Alert: New Jersey's Earned Income Tax Credit (NJEITC)

February 4, 2022

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.

New Jersey Department of Taxation Announcement: New deductions for college related expenses

January 28, 2022

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.

New Jersey Division of Taxation Announcement: Important Tax Changes That Impact 2021 Personal Income Tax Returns

January 14, 2022

The New Jersey Division of Taxation has listed the following important tax changes that impact 2021 personal income tax returns:

NJ Tax Relief for Hurricane Ida Victims

September 10, 2021

The New Jersey Division of Taxation is following the federal guidelines for tax relief as recently provided in the Internal Revenue Service announcement LA-2021-04, issued August 31, 2021, for victims of Hurricane Ida. Affected taxpayers include businesses and individuals located in the disaster areas and those whose tax records are in the disaster areas.

New Jersey Issues Notice Regarding COVID-19 Precaution Sales Tax and Surcharges

July 31, 2020

On July 24, 2020, the state of New Jersey issued the following notice, which helps businesses determine whether their COVID-19 surcharge is subject to state sales tax. Also included are practical examples that business can use to help in making their determination. Some businesses have begun to include a surcharge for COVID-19 precaution and prevention […]

Relief From Failure To Make Employment Tax Deposit

April 3, 2020

April 3, 2020 By Martin D. Hauptman and Steven A. Holt The IRS provides that an employer will not be subject to a penalty under Code Sec. 6656 for failing to deposit employment taxes relating to qualified leave wages or qualified retention wages in a calendar quarter if: (1) The employer paid qualified leave wages or […]

Tax and ERISA Update

March 31, 2020

March 31, 2020 By Martin D. Hauptman and Steven A. Holt Mandelbaum Barrett PC’s Taxation and ERISA Departments will be keeping you informed as we learn more about the CARES Act and other developments affecting you as taxpayers. Here are a few updates: Coronavirus Relief Package and its Impact on Retirement Plans The recently enacted […]

Tax and Estate Planning Alert

March 24, 2020

March 24, 2020 By Martin D. Hauptman and Steven A. Holt We want all of you, our valued clients and friends, to know that the Firm is "open for business" and that we are available to handle your estate planning needs on an emergent basis, including wills and living will. Accessing Qualified Retirement Fund Balances […]

Treasury Department Announces New July 15 Filing Deadline

March 18, 2020

Treasury Secretary Steven Mnuchin announced today that the filing date for individual tax returns for the 2019 tax year has been moved to July 15, 2020. “We are moving Tax Day from April 15 to July 15,” Mnuchin wrote on Twitter. “All taxpayers and businesses will have this additional time to file and make payments […]

Tax Law Alert: Four Companies Selected to Collect IRS Debts

October 30, 2018

Martin D. Hauptman, a Member in the Firm's Tax Law Practice Group, issued a recent Tax Alert on "Four Companies Selected to Collect IRS Debts." Click here to read more.

Martin D. Hauptman Addresses Social Security Questions on 401(k) Withdrawals 

January 31, 2024

For individuals seeking clarity on their potential circumstances, the Social Security Administration provides charts for income levels and filing statuses, accessible through this link. Additionally, it offers guidance on calculating Modified Adjusted Gross Income.

22 Attorneys Named to 2024 Best Lawyers List

August 17, 2023

Mandelbaum Barrett PC is proud to announce that 22 lawyers were recognized to the 2024 Best Lawyers list. At Mandelbaum Barrett PC, we have always strived for excellence and have consistently sought to uphold the highest standards of legal practice. This recognition serves as a reminder of our ongoing mission to provide unparalleled legal representation […]

8th Tax, Trusts & Estates Forum

December 9, 2022

For the first time in two years we hosted our Tax Trusts and Estates Forum in person! We were thrilled to see so many familiar faces, and to welcome new ones. This event is focused on helping business owners and financial advisors stay on top of current changes to IRS rules, learn best practices and […]

Mandelbaum Barrett PC is proud to announce 17 of our attorneys have been named to the Best Lawyers in America 2023 list.

August 18, 2022

15 years of recognition: Barry R. Mandelbaum, Steven Adler, Jeffrey M Rosenthal and Michael Saffer 10 years of recognition: Jeffrey Cappola, Gordon C. Duus, Arthur D. Grossman, Owen T. Hughes and Barry Schwartz William Barrett, David Carton, Damian Conforti, Rebecca Frino, Raj Gadhok, Martin D. Hauptman, Esq., Steven Holt and Lynne Strober *No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American […]

Do I have to pay sales tax to N.J. on my boat?

May 10, 2022

Martin D. Hauptman, Esq., a Tax attorney at Mandelbaum Barrett PC recently answered that question for NJ.com. Find out what he says: https://bit.ly/3sqWWAX

Martin D. Hauptman, Esq. to present Estate Trust Update

March 28, 2022

Martin D. Hauptman, Esq., partner in the Tax Law and Trusts and Estates departments as Mandelbaum Barrett PC will be presenting an Estate Tax Update to the New Jersey Living Well Club on Wednesday, April 13th, 2022.

Martin Hauptman contributes to NJ.com article titled "My employer eliminated my life insurance. Can I deduct the loss?"

December 3, 2021

Martin Hauptman, a partner in the Trusts & Estates, and Taxation practice groups and chair of the ERISA and Employee Benefits practice at Mandelbaum Barrett PC has contributed to an article in the December 2nd, 2021 issue of NJ.com titled "My employer eliminated my life insurance. Can I deduct the loss?"

Martin Hauptman Answers NJ.com Readers Question on Converting An IRA To a Roth IRA

June 30, 2020

Join Us For Our 7th Annual Tax, Trusts & Estate Planning Forum

November 7, 2019

We will be discussing timely developments in Estate and Federal Taxation at this 1.5 CE accredited program for CPAs and CFPs. To RSVP, please contact Laure Lynch at 973.243.7951 or llynch@lawfirm.ms.

Martin Hauptman Answers NJ.com Readers Question "CPA, Enrolled Agent, Tax Attorney: Who Should I Hire?"

September 4, 2019

Martin Hauptman answered a nj.com readers question on the difference between a CPA, enrolled agent and a tax attorney, and who to hire depending on your needs. Read the full article here.

Thirteen Mandelbaum Barrett PC Attorneys Recognized By Their Peers In Best Lawyers in America© 2020

August 15, 2019

We are proud to announce that thirteen of our attorneys have been selected by their peers for inclusion in The Best Lawyers in America© 2020 edition. In addition, Barry Mandelbaum has been recognized as Lawyer of the Year in Real Estate Law. Since it was first published in 1983, Best Lawyers© has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Many of the below attorneys have been listed in this publication for over ten years. *No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. To learn more about Best Lawyers, visit www.bestlawyers.com/methodology

Join Mandelbaum Barrett PC and Sobel Co., LLC for Retirement Plans: The Pros and Cons of a Pre-Approved Plan Breakfast Seminar

July 24, 2019

Attention Business Owners: You don't want to miss this informative program on Retirement Plans: The Pros and Cons of a Pre-Approved Plan being held at Mandelbaum Barrett PC on September 25th from 8:30 a.m. – 10:00 a.m. Join Mandelbaum Barrett PC and Sobel & Co., LLC for our breakfast seminar that will cover retirement plans from the legal and accounting perspective. Learn about best practices if you sponsor a qualified plan, prototype pre-approved plans, new IRS Correction Procedures and common plan issues identified by auditors.

Martin D. Hauptman appointed to a three year term as a Consultor to the Real Property Trust and Estate section of the New Jersey State Bar Association

June 13, 2019

Congratulations to Martin D. Hauptman, a partner in the Firm's #Trusts & #Estates practice group, who was appointed to a three year term as a Consultor to the Real Property Trust and Estate section of the @New Jersey State Bar Association. The Real Property Trust and Estate Law Section discusses developments in real #property, trust and estate law, including the creation and# administration of estates, #wills and trusts. Please join us in congratulating Martin on this achievement!

Tax Alert: 2019 Retirement Plan Limits

November 5, 2018

Martin D. Hauptman addresses the 2019 Retirement Plan Limits in our latest Tax Alert. Click here to read more.

Member Martin D. Hauptman Speaking at Upcoming NJCPA and SFSP Events

September 19, 2016

On September 29th, Martin D. Hauptman will be a speaker at Professionals Day 2016, which is being presented by the Society of Financial Service Professionals North Jersey Chapter as a Continuing Education course. Martin will be discussing Trusts as Beneficiaries of Retirement Plans. For registration

Member Martin D. Hauptman to Speak at the 2nd Annual Estate Planning Summer Institute

June 18, 2016

Member Martin D. Hauptman is one of the featured speakers at the 2nd Annual Estate Planning Summer Institute on July 21st & 22nd at the NJ Law Center. Part of the objective for attorneys participating in the institute is to refresh areas that can expand