New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 24 - SALES AND USE TAX ACT
- Subchapter 1 - FORMS AND DEFINITIONS
- Subchapter 2 - RETENTION OF RECORDS BY SELLERS
- Subchapter 3 - HOTEL ROOM OCCUPANCY SUBJECT TO SALES TAX
- Subchapter 4 - MANUFACTURING, PROCESSING, ASSEMBLING AND REFINING INDUSTRIES
- Subchapter 5 - CONTRACTORS AND SERVICES PERFORMED ON REAL PROPERTY
- Subchapter 6 - SALES OF CLOTHING, FOOTWEAR, AND PROTECTIVE EQUIPMENT AND SERVICES PERFORMED ON CLOTHING
- Subchapter 7 - MOTOR VEHICLES
- Subchapter 8 - EXEMPT NONGOVERNMENTAL ORGANIZATIONS
- Subchapter 9 - REQUIREMENTS RELATING TO EXEMPT PRIVATE ORGANIZATIONS
- Subchapter 10 - ISSUANCE AND ACCEPTANCE OF EXEMPTION CERTIFICATES
- Subchapter 11 - OBLIGATION TO COLLECT AND PAY SALES TAX OR COMPENSATING USE TAX
- Subchapter 12 - RECEIPTS FROM THE SALE OF FOOD, FOOD INGREDIENTS AND PREPARED FOOD
- Subchapter 13 - GARBAGE REMOVAL SERVICE
- Subchapter 14 - TAXABILITY OF HOSPITAL SALES AND SERVICES
- Subchapter 15 - LAUNDRY AND DRY CLEANING SERVICES
- Subchapter 16 - VENDING MACHINES; SALES OF TANGIBLE PERSONAL PROPERTY; SALES OF FOOD AND DRINK
- Subchapter 17 - SPECIFIC RULES FOR SELLERS WHO SELL TANGIBLE PERSONAL PROPERTY THROUGH VENDING MACHINES AT 25 CENTS OR LESS
- Subchapter 18 - RESERVED
- Subchapter 19 - SALES OF TANGIBLE PERSONAL PROPERTY AND SERVICES USED ON FARMS
- Subchapter 20 - COMMERCIAL ADVERTISING FILM NEGATIVES, ORIGINAL PRODUCTION VIDEO TAPE, AND SIMILAR MATERIALS
- Subchapter 21 - RESERVED
- Subchapter 22 - SALES MADE BY FLOOR COVERING DEALERS
- Subchapter 23 - BAD DEBTS
- Subchapter 24 - RESERVED
- Subchapter 25 - SALES OF COMPUTER SOFTWARE AND RELATED SERVICES
- Subchapter 26 - SOLAR ENERGY DEVICES OR SYSTEMS; EXEMPTION FROM SALES AND USE TAXATION
- Subchapter 27 - TRANSPORTATION OF PERSONS AND OF TANGIBLE PERSONAL PROPERTY
- Subchapter 28 - RACE HORSES
- Subchapter 29 - DISPOSABLE HOUSEHOLD PAPER PRODUCTS: EXEMPTION FROM SALES AND USE TAX
- Subchapter 30 - RESERVED
- Subchapter 31 - URBAN ENTERPRISE ZONES ACT
- Subchapter 32 - LEASES AND RENTALS OF TANGIBLE PERSONAL PROPERTY
- Subchapter 33 - MASSAGE, BODYWORK, AND SOMATIC SERVICES
- Subchapter 34 - INVESTIGATION AND SECURITY SERVICES
- Subchapter 35 - INFORMATION SERVICES
- Subchapter 36 - SALES PRICE
- Subchapter 37 - MEDICAL
CHAPTER
SOURCE AND EFFECTIVE DATE:
Effective: February 24,
2023.
See: 55 N.J.R. 556(b).
CHAPTER HISTORICAL
NOTE:
All provisions of this chapter became effective prior to
September 1, 1969.
1969 Revisions: Amendments became effective
December 23, 1969 as R.1969 d.36. See: 2 N.J.R. 7(b).
1970
Revisions: Amendments became effective July 1, 1979 as R.1979 d.70. See: 2
N.J.R. 51(b), 2 N.J.R. 58(a).
1971 Revisions: Amendments became
effective September 2, 1971 as R.1971 d.157. See: 3 N.J.R. 211(a), 3 N.J.R.
162(b). Further amendments became effective November 1, 1971 as R.1971 d.194.
See: 3 N.J.R. 275(b), 3 N.J.R. 207(c). Further amendments became effective
December 10, 1971 as R.1971 d.218. See: 4 N.J.R. 13(c), 3 N.J.R. 234(b).
1972 Revisions: Subchapter 21 was adopted as R.1972 d.126,
effective July 1, 1972. See: 4 N.J.R. 197(d). Amendments became effective
February 9, 1972 as R.1972 d.27. See: 4 N.J.R. 54(b), 4 N.J.R. 12(b). Also, on
December 18, 1972 as R.1972 d.258. See: 4 N.J.R. 19(c), 5 N.J.R. 23(b).
1973 Revisions: Amendments became effective May 30, 1973 as R.1973
d.139. See: 5 N.J.R. 246(b). Further amendments became effective December 4,
1973 as R. 1973 d.336. See: 5 N.J.R. 392(a), 6 N.J.R. 38(a).
1974
Revisions: Subchapter 22 was adopted as R.1974 d.123, effective May 20, 1974.
See: 6 N.J.R. 85(a), 6 N.J.R. 251(a). Subchapter 23 became effective April 19,
1974 as R.1974 d.96. See: 6 N.J.R. 123(a), 6 N.J.R. 208(a). Amendments became
effective August 30, 1974 as R.1974 d.244. See: 6 N.J.R. 326(a), 6 N.J.R.
414(e). Subchapter 24 was adopted as R.1974 d.252, effective September 17,
1974. See: 6 N.J.R. 415(a).
1975 Revisions: Amendments became
effective January 13, 1975 as R.1975 d.4. See: 6 N.J.R. 494(b), 7 N.J.R. 77(a).
Further amendments became effective June 26, 1975 as R.1975 d.187. See: 7
N.J.R. 282(a), 7 N.J.R. 350(b). Further amendments became effective August 15,
1975 as R.1975 d.246. See: 7 N.J.R. 347(a), 7 N.J.R. 446(b). Subchapter 24
became effective September 17, 1974 as R.1974 d.252. See: 6 N.J.R. 415(a).
1976 Revisions: Amendments became effective February 27, 1976 as
R.1976 d.62. See: 8 N.J.R. 87(b), 8 N.J.R. 209(a). June 21, 1976 as R.1976
d.190. See: 8 N.J.R. 356(e).
1977 Revisions: Amendments became
effective February 3, 1977 as R.1977 d.29. See: 9 N.J.R. 44(b), 9 N.J.R.
147(b). Further amendments became effective September 30, 1977 as R.1977 d.365.
See: 9 N.J.R. 445(a), 9 N.J.R. 544(a). Further amendments became effective
December 29, 1977 as R.1977 d.484. See: 9 N.J.R. 594(a), 10 N.J.R. 81(a).
1978 Revisions: Subchapter 25 became effective May 4, 1978 as
R.1978 d.142. See: 10 N.J.R. 173(a), 10 N.J.R. 265(e). Subchapter 26 became
effective August 15, 1978 as R.1978 d.285. See: 10 N.J.R. 300(a), 10 N.J.R.
407(a). Further amendments became effective September 13, 1978 as R.1978 d.320.
See: 10 N.J.R. 362(a), 10 N.J.R. 457(b).
1979 Revisions:
Amendments became effective March 8, 1979 as R.1979 d.89. See: 11 N.J.R.
103(a), 11 N.J.R. 210(d). Further amendments became effective May 4, 1979 as
R.1979 d.179. See: 11 N.J.R. 209(b), 11 N.J.R. 305(a). Further amendments
became effective September 28, 1979 as R.1979 d.384. See: 11 N.J.R. 472(b), 11
N.J.R. 595(a).
1980 Revisions: Amendments became effective March
15, 1980 as R.1980 d.102. See: 12 N.J.R. 96(b), 12 N.J.R. 224(d). Further
amendments became effective April 9, 1980 as R.1980 d.149 and d.150. See: 12
N.J.R. 161(b), 12 N.J.R. 293(e); 12 N.J.R. 161(c), 12 N.J.R. 293(f). Further
amendments became effective May 6, 1980 as R.1980 d.197. See: 12 N.J.R. 219(b),
12 N.J.R. 355(a). Further amendments became effective November 6, 1980 as
R.1980 d.489. See: 12 N.J.R. 619(a), 12 N.J.R. 729(b).
1981
Revisions: Subchapter 27 was adopted as R.1981 d.208, effective July 9, 1981.
See: 13 N.J.R. 164(a), 13 N.J.R. 465(d). Amendments became effective July 9,
1981 as R.1981 d.209 and d.210. See: 13 N.J.R. 163(a), 13 N.J.R. 465(a); 13
N.J.R. 111(a), 13 N.J.R. 465(c). Subchapter 28 was adopted as R.1981 d.436,
effective November 16, 1981. See: 13 N.J.R. 622(a), 13 N.J.R. 847(c).
1982 Revisions: Amendments became effective February 16, 1982 as
R.1982 d.36. See: 13 N.J.R. 751(a), 14 N.J.R. 212(b). Further amendments became
effective April 5, 1982 as R.1982 d.85. See: 13 N.J.R. 883(b), 14 N.J.R.
348(a). Further amendments became effective May 3, 1982 as R.1982 d.141. See:
14 N.J.R. 140(b), 14 N.J.R. 430(b).
1983 Revisions: Amendments
became effective June 20, 1983 as R.1983 d.220. See: 15 N.J.R. 324(a), 15
N.J.R. 1039(b). Subchapter 29 was adopted as R.1983 d.324, effective August 15,
1983. See: 15 N.J.R. 797(a), 15 N.J.R. 1384(a). This chapter was readopted
pursuant to Executive Order 66(1978) effective August 12, 1983 as R.1983 d.357.
See: 15 N.J.R. 1086(a), 15 N.J.R. 1487(d). Further amendments became effective
September 6, 1983 as R.1983 d.367. See: 15 N.J.R. 1088(a), 15 N.J.R. 1488(a).
1984 Revisions: Amendments became effective January 17, 1984 as
R.1983 d.619. See: 15 N.J.R. 1565(a), 16 N.J.R. 148(c). Further amendments
became effective April 16, 1984 d.126. See: 16 N.J.R. 235(a), 16 N.J.R. 926(b).
Further amendments became effective May 7, 1984 as R.1984 d.156. See: 16 N.J.R.
359(a), 16 N.J.R. 1098(a). Further amendments became effective September 4,
1984 as R.1984 d.380. See: 16 N.J.R. 1466(a), 16 N.J.R. 2379(c). Further
amendments became effective October 1, 1984 as R.1984 d.431. See: 16 N.J.R.
1965(a), 16 N.J.R. 2689(a). Subchapter 31 was adopted as R.1984 d.495,
effective November 5, 1984. See: 16 N.J.R. 1332(a), 16 N.J.R. 3059(a).
1985 Revisions: Amendments became effective February 4, 1985 as
R.1985 d.31. See: 16 N.J.R. 3193(a), 17 N.J.R. 320(c). Further amendments
became effective February 19, 1985 as R.1985 d.44. See: 16 N.J.R. 3298(b), 17
N.J.R. 480(a). Subchapter 12 title was changed from "Criteria for Determining
Taxability of Food" and the subchapter was revised effective June 3, 1985 as
R.1985 d.280. See: 17 N.J.R. 178(a), 17 N.J.R. 1440(a).
1986
Revisions: Amendments became effective January 6, 1986 as R.1985 d.651 and
d.652. See: 17 N.J.R. 2387(a), 18 N.J.R. 94(b); 17 N.J.R. 2240(a), 18 N.J.R.
94(a).
1987 Revisions: Amendments became effective August 17, 1987
as R.1987 d.325. See: 19 N.J.R. 858(a), 19 N.J.R. 1570(a). Further amendments
became effective November 16, 1987 as R.1987 d.474. See: 19 N.J.R. 1181(b), 19
N.J.R. 2201(b).
1988 Revisions: This chapter was readopted
effective June 7, 1988 as R.1988 d.298. See: 20 N.J.R. 512(a), 20 N.J.R.
1570(d).
Pursuant to Executive Order No. 66(1978), Chapter 24,
Sales and Use Tax Act, was readopted as R.1993 d.313, effective June 4, 1993.
See: 25 N.J.R. 1486(a), 25 N.J.R. 2899(c). Subchapter 21, Accounting Procedures
relating to Sales of Alcoholic Beverages, and Subchapter 24, Sale and
Installation of Gasoline Service Station Equipment, were repealed by R.1993
d.313, effective July 6, 1993. See: 25 N.J.R. 1486(a), 25 N.J.R. 2899(c).
Pursuant to Executive Order No. 66(1978), Chapter 24, Sales and
Use Tax Act, was readopted as R.1998 d.288, effective May 8, 1998. See: 30
N.J.R. 1206(b), 30 N.J.R. 2070(b).
Chapter 24, Sales and Use Tax
Act, was readopted as R.2003 d.348, effective July 28, 2003. See: 35 N.J.R.
2165(a), 35 N.J.R. 3848(a).
Chapter 24, Sales and Use Tax Act, was
readopted as R.2008 d.356, effective October 28, 2008. As a part of R.2008
d.356, Subchapter 1, Forms, was renamed Forms and Definitions; Subchapter 2,
Retention of Records By Vendors, was renamed Retention of Records By Sellers;
Subchapter 3, Room Occupancy Subject to Sales Tax, was renamed Hotel Room
Occupancy Subject to Sales Tax; Subchapter 5, Building and Construction Trades,
was renamed Contractors and Services Performed on Real Property; Subchapter 6,
Clothing and Footwear, was repealed and Subchapter 6, Sales of Clothing,
Footwear, and Protective Equipment and Services Performed on Clothing, was
adopted as new rules; Subchapter 9, Requirements Relating to Organizations
Operated for Religious, Charitable, Scientific, Testing for Public Safety,
Literary or Educational Purposes or for the Prevention of Cruelty to Children
or Animals, was renamed Requirements Relating to Exempt Private Organizations;
Subchapter 12, Receipts from the Sale of Food and Drink, was renamed Receipts
from the Sale of Food, Food Ingredients and Prepared Food; Subchapter 13, Trash
Removal Service, was renamed Garbage Removal Service; Subchapter 15, Taxability
of Certain Linen Rentals, was repealed and Subchapter 15, Laundry and Dry
Cleaning Services, was adopted as new rules; Subchapter 25, Data Processing,
was repealed and Subchapter 25, Sales of Software and Related Services was
adopted as new rules; Subchapter 27, Transportation of Tangible Personal
Property, was repealed and Subchapter 27, Transportation of Persons and of
Tangible Personal Property, was adopted as new rules; and Subchapter 32, Leases
and Rentals of Tangible Personal Property, Subchapter 33, Massage, Bodywork,
and Somatic Services, Subchapter 34, Investigation and Security Services,
Subchapter 35, Information Services, and Subchapter 36, Sales Price were
adopted as new rules, effective December 1, 2008. See: 40 N.J.R. 1777(a), 40
N.J.R. 6832(a).
Subchapter 37, Medical, was adopted as new rules,
effective April 6, 2015. See: 46 N.J.R. 1968(a), 47 N.J.R. 729(a).
In accordance with
N.J.S.A.
52:14B-5.1b, Chapter 24, Sales and Use Tax
Act, was scheduled to expire on October 28, 2015. See: 43 N.J.R. 1203(a).
Chapter 24, Sales and Use Tax Act, was readopted as R.2016 d.047,
effective April 18, 2016. As a part of R.2016 d.047, Subchapter 4,
Manufacturing, Processing, Assembling and Refining Industries was renamed
Manufacturing, Processing, Assembling, and Refining Industries; Subchapter 12,
Receipts from the Sale of Food, Food Ingredients and Prepared Food, was renamed
Receipts from the Sale of Food, Food Ingredients, and Prepared Food; Subchapter
16, Coin-Operated Vending Machines; Sales of Tangible Personal Property; Sales
of Food And Drink, was renamed Vending Machines; Sales of Tangible Personal
Property; Sales of Food And Drink; Subchapter 17, Specific Rules for Vendors
Who Sell Tangible Personal Property Through Vending Machines at 25 Cents or
Less, was renamed Specific Rules for Sellers Who Sell Tangible Personal
Property Through Vending Machines at 25 Cents or Less; Subchapter 25, Sales of
Software and Related Services, was renamed Sales of Computer Software and
Related Services; and Subchapter 18, Taxability of Motor Fuels, was repealed,
effective May 16, 2016. See: 47 N.J.R. 2919(a), 48 N.J.R. 824(a).
Chapter 24, Sales and Use Tax Act, was readopted, effective
February 24, 2023. See: Source and Effective
Date.
CHAPTER AUTHORITY:
N.J.S.A. 54:32B-24 and 54:50-1.