New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 2 - GENERAL POLICIES AND PROCEDURES
Subchapter 2 - PENALTIES AND INTEREST
Section 18:2-2.10 - Credit for erroneous payments and collections
Universal Citation: NJ Admin Code 18:2-2.10
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Director may credit the erroneous overpayment of tax to the account of the taxpayer to offset the amount of a deficiency assessment, where it is determined as a result of the audit of any taxpayer that a State tax has been erroneously or illegally collected from such taxpayer, or has been paid by such taxpayer under a mistake of law or fact, and where no questions of law or fact are involved. Such offsets will be made with the following limitations:
1. Credit for the erroneous
payment must be made within the time in which a deficiency assessment must be made
for such tax as provided by law; and
2.
Credit shall only be applied in order to offset a liability for a period which is
covered by the applicable assessment period; and
3. Credit for erroneous overpayments shall only be
made to offset a deficiency assessment made by the Director under the same state tax
law.
(b) An audit of a taxpayer can only be initiated by the Division and not at the request of a taxpayer.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
