Thanksgiving dinner arrives early – New Jersey serves up some amnesty dessert with some penalty turkey

Eversheds Sutherland (US) LLP

New Jersey launched its tax Amnesty program on November 15, 2018. The program runs through January 15, 2019. Here are the top things you need to know about the program:

  • What taxes qualify? All taxes administered and collected by the New Jersey Division of Taxation. Examples of some taxes that are not administered by the Division—and are therefore ineligible for the program—include local property taxes, payroll taxes collected by the New Jersey Department of Labor, and fees assessed by the Division of Revenue (the annual report fee for business entities).
  • What tax periods are included? Tax liabilities incurred for tax returns due on or after February 1, 2009, and before September 1, 2017, are eligible.
  • What’s the benefit of participating? New Jersey will waive penalties and one-half of the outstanding interest on all eligible tax liabilities satisfied through the Amnesty program.
  • Is there a “Stick” if you don’t take the “Carrot?” Failure to participate in Amnesty results in a 5% Amnesty penalty on all eligible tax liabilities for the February 1, 2009, through September 1, 2017, period. 
  • How long do I have? New Jersey’s Amnesty program begins November 15, 2018, and runs through January 15, 2019.
  • Who qualifies? Most taxpayers with an eligible tax liability will qualify for the Amnesty program. New Jersey is notifying most eligible taxpayers by sending a notice this week to taxpayers that includes New Jersey tax liability according to the Division and steps for applying for the program through the online “Amnesty Processing Center.” However, eligible taxpayers do not need to receive a notice to participate and can participate through New Jersey’s online “Non-Outreached Portal.” The following taxpayers are ineligible:
    • Taxpayers that filed an administrative or judicial appeal related to a tax assessment are disqualified unless the taxpayer withdraws its appeal, waives all rights to future appeals, and receives approval from the New Jersey Director of the Division of Taxation.
    • Taxpayers that are under criminal investigation or charged for a New Jersey tax matter by a New Jersey county prosecutor or the New Jersey Attorney General are also disqualified.
  • Can I make a partial payment? Taxpayers that pay a portion of their eligible tax liability will benefit from the waived penalties and one-half interest with respect to the paid portion. The 5% Amnesty penalty will be imposed on all balances remaining after the Amnesty program ends. 
  • Can Amnesty be denied? Yes, New Jersey may deny Amnesty relief. A taxpayer will be denied participation in the program if it fails to meet the technical requirements, fails to complete the terms of the Amnesty program, or has a payment rejected. A taxpayer that has filed an administrative or judicial appeal may also be excluded from the program if the New Jersey Director of the Division of Taxation does not approve the taxpayer’s participation in the program.
  • Are refunds available? The Division will not refund a payment if Amnesty is denied or if the taxpayer makes an overpayment. No payment under Amnesty is eligible for refund or credit. 

For additional information on the program visit the Division’s website.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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