New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 7 - CORPORATION BUSINESS TAX ACT
Subchapter 12 - SHORT PERIOD RETURN
Section 18:7-12.2 - Short period returns; proration procedures
Universal Citation: NJ Admin Code 18:7-12.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Where a short period return is required, the entire net income is permitted to be prorated as follows:
1. For any short period return, the minimum tax
for a New Jersey corporation and for a foreign corporation may not be prorated and
at least the proper minimum tax amount must be paid.
2. With respect to net income, a domestic
corporation filing a short period return shall not be entitled to prorate its
adjusted net income. A foreign corporation whose short period return under the Act
covers a period other than the accounting period reported upon for Federal income
tax purposes, may prorate its adjusted entire net income by dividing its adjusted
entire net income by the number of calendar months or parts thereof covered by the
Federal income tax return and multiplying the result by the number of calendar
months or parts thereof covered by the short period return. A part of a month shall
be deemed to be a month.
3. With respect
to net income, a foreign corporation whose short period return under the Act covers
the same period as the accounting period reported upon for Federal income tax
purposes shall not be entitled to prorate its adjusted entire net income.
4. Where a taxpayer is entitled and has elected to
allocate less than the full amount of its entire net income to New Jersey the
allocation factors must reflect, both in the numerator and denominator, only the
period covered by the short period return. For treatment of allocation on a short
period return, see
N.J.A.C.
18:7-12.3.
(b) Subsection (a) above shall apply to a combined group when a short period return is required to be filed for the combined group. See N.J.A.C. 18:7-21for more information on combined reporting.
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