Contact Uswhat are the rules regarding nj imposition of 100 per month penalty for late returns? what tax years does it apply to? what if there is no tax due on a return?
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John Stancil
The NJ Division of Taxation begin imposing the $100 per month late filing penalty as authorized by N.J.S.A. 54:49-4 in 2004. The law provides that this penalty may be imposed for each month (or fraction thereof) that a return is late. It will be assessed in addition to the late filing penalty of 5% per month of the underpayment (up to 25%) and, where applicable, the 5% late payment penalty, the referral cost recovery fee, and the cost of collection fee.
The $100 per month penalty will be applicable to business tax delinquencies, including but not limited to gross income tax-employer, corporation business tax, and sales and use tax filings due after December 31, 2003.
The penalty will not be imposed if:
The taxpayer files the return within 30 days of the date on the notice, AND
The taxpayer has not previously received 3 delinquency notices for any business tax return due on or after December 31, 2003.
The penalty will be imposed if:
The delinquency is not satisfied within 30 days of the date on the notice; OR
The taxpayer previously received 3 prior delinquency notices for any business tax return due on or after December 31, 2003.
So basically, it is imposed if you persistently refuse to pay the amount that you owe the State. And since it states it is being imposed on business tax delinquencies I would presume it would only be assessed when you owe the state.
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436 weeks ago
The $100 per month penalty will be applicable to business tax delinquencies, including but not limited to gross income tax-employer, corporation business tax, and sales and use tax filings due after December 31, 2003.
The penalty will not be imposed if:
The taxpayer files the return within 30 days of the date on the notice, AND
The taxpayer has not previously received 3 delinquency notices for any business tax return due on or after December 31, 2003.
The penalty will be imposed if:
The delinquency is not satisfied within 30 days of the date on the notice; OR
The taxpayer previously received 3 prior delinquency notices for any business tax return due on or after December 31, 2003.
So basically, it is imposed if you persistently refuse to pay the amount that you owe the State. And since it states it is being imposed on business tax delinquencies I would presume it would only be assessed when you owe the state.