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Multistate Tax  |  May 20, 2022
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Income/Franchise:
New Jersey Division of Taxation Releases Much Anticipated Proposed Combined Reporting and NOL Rules

Proposed Amended N.J.A.C. 18:7-1.3, 1.14, 1.16, 1.17, 2.1, 3.4, 3.6, 3.10, 3.13, 3.15, 3.16, 3.23, 5.2, 5.11, 5.12, 5.13, 5.14, 5.15, 7.6, 8.3, 8.7, 8.8, 8.10A, 8.12, 10.1, 11.6, 11.7, 11.8, 11.12, 11.15, 11.17, 11.18, 12.1, 12.2, 12.3, and 13.8; Proposed New N.J.A.C. 18:7-1.24, 1.25, 3.23A, 3.26, 3.27, 3.28, 3.29, 5.21, 5.22, 5.23, 11.17A, and 21, N.J. Div. of Tax. (5/16/22). The New Jersey Division of Taxation (Division) released updated proposed new and amended administrative rule changes reflecting New Jersey tax reforms enacted in 2018 [see A.4202 (2018) and previously issued Multistate Tax Alert, and A.4495 (2018) and previously issued Multistate Tax Alert for more details on the 2018 law changes], as well as subsequent related law changes enacted in 2020 [see A.B. 4809 (2020) / P.L. 2020, c. 118 (Chapter 118), and A. 4721 (2020) / P.L. 2020, ch. 95 (Chapter 95) for more details on these law changes from 2020] that, among numerous other revisions, collectively:

  • Mandate combined reporting for state corporation business tax (CBT) purposes and allow for a worldwide election for tax years ending on and after July 31, 2019;
  • Revise the net operating loss (NOL) and NOL carryover regime from pre-allocation to post allocation for privilege periods ending on and after July 31, 2019;
  • Impose a CBT surtax on a temporary basis; and
  • Clarify the impact of New Jersey treatment of federal income excluded under tax treaties.

According to the Division, this updated proposed rulemaking provides new and amended rules for New Jersey net operating loss deductions and filing combined returns; as well as makes amendments to existing rules to address federal tax reform measures applicable for tax years beginning on and after January 1, 2017 under the federal Tax Cuts and Jobs Act of 2017 (i.e., P.L. 115-97), a reduced dividend received deduction, and various provisions of the Internal Revenue Code from which New Jersey has decoupled.

 

Note that a number of the topics addressed in the proposed rule changes were previously addressed in technical bulletins released by the Division. Written comments on all these proposed new and amended rules must be submitted by July 15, 2022. Please contact us with any questions.

 

—

Norm Lobins (Cleveland)

Managing Director

Deloitte Tax LLP

Kevin Friedhoff (Parsippany)

Senior Manager

Deloitte Tax LLP



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In this issue

Administrative
Connecticut: New Law Includes Tax Administration-Related Changes Involving Refunds and Assessments

Maine Revenue Services Summarizes Eligibility and Participation in Voluntary Disclosure Program

Maryland: New Law Creates Legal Division to Aid with Taxpayer Guidance and Private Letter Rulings

Income/Franchise
Multistate Tax Commission: Work Group Updates Draft White Paper on Investment Partnerships

Colorado: New Law Revises PTE Tax and Includes Retroactive Application

Maine: Amended Rule Reflects New Bright-Line Nexus Standard Under Corporate Income Tax

Massachusetts: State High Court Says S Corp’s Gain from Selling LLC Interest Not Taxable in this Case

New Jersey Division of Taxation Releases Much Anticipated Proposed Combined Reporting and NOL Rules

South Carolina: New Law Updates State Conformity to Internal Revenue Code

Tennessee DOR Explains Decoupling from TCJA Changes to IRC §174 Deduction for Research Expenditures

Texas Comptroller Addresses Treatment of IRC §336(e) and 368(a)(1)(C) Elections

Other/Miscellaneous
Tennessee: Notice Explains How DOR Must Certify if Business Tax was Reported at Retail or Wholesale Rate

Multistate Tax Alerts



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