New Jersey Five Percent Shareholder Checklist

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This form is a due diligence checklist that outlines information pertinent to five percent shareholders in a business transaction.

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FAQ

Section -8.7 - Business allocation factor; determination or receipts fraction (a) The percentage of the taxpayer's receipts within New Jersey is determined by ascertaining the taxpayer's receipts allocable to New Jersey during the period covered by the return and dividing the sum of the receipts by the taxpayer's

New Jersey does not conform to federal bonus depreciation. New Jersey does not allow any bonus depreciation if the 50% bonus option is selected. New Jersey does allow the 30% bonus if the 30% is elected at the federal in lieu of the 50% bonus depreciation.

In computing stock basis, the shareholder starts with their initial capital contribution to the S corporation or the initial cost of the stock they purchased (the same as a C corporation). That amount is then increased and/or decreased based on the pass-through amounts from the S corporation.

The requirement to maintain tax basis (and to disclose tax basis on Form 1040) is ultimately the responsibility of the S corporation shareholder. There is no requirement for the bank to maintain tax basis schedules for its shareholders or to include this information with the Schedule K-1s.

Rates and Accounting PeriodsThe Corporation Business Tax rate is 9% on adjusted entire net income or on the portion allocable to New Jersey. The rate is 7.5% for all corporations with entire net income of $100,000 or less. The rate is 6.5% for all corporations with entire net income of $50,000 or less.

Updated July 14, 2020: An S corp basis worksheet is used to compute a shareholder's basis in an S corporation. Shareholders who have ownership in an S corporation must make a point to have a general understanding of basis. The amount that the property's owner has invested into the property is considered the basis.

The Act provides an adjustment to taxable income, which uses a calculation that consolidates business income and/or loss and allows taxpayers to carryforward unutilized business losses.

BUSINESS REGISTRATION FORM (NJ-REG) INSTRUCTIONS The procedure covers tax/employer registration for ALL types of businesses, and also covers the filing of NEW legal business entities such as domestic/foreign corporations or limited liability companies (Public Records Filing, pages 23-24).

The State of New Jersey uses three-factor apportionment based on property, payroll, and sales for Schedule NJ-NR-A and uses a single sales factor for Schedule J.

The calculation of basis consists of your financial contributions into the company plus ordinary income and losses minus distributions (like dividends and other payouts).

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New Jersey Five Percent Shareholder Checklist