Tax Law

Recent Posts

Merely deriving receipts from New Jersey sources does not create nexus for Corporation Business Tax purposes
Posted on 10 Sep 2020 by Eversheds Sutherland LLP

On September, 9, 2020, the New Jersey Appellate Division ruled against the taxpayer in Preserve II, Inc. v. Director, Div. of Taxation , No. A-1331-17T3. On its face, the decision looks like a disappointing taxpayer loss because the court upheld the determination... Read More

New Jersey Tax Court Allows Unreasonable Exception to Royalty Addback
Posted on 9 May 2019 by Eversheds Sutherland LLP

The New Jersey Tax Court held that a parent corporation was not required to add back to its corporation business tax base any amount of royalty payments it made to a subsidiary. The parent company and subsidiary company each filed a New Jersey CBT return... Read More

New Jersey Tax Court Rejects Alternative Apportionment Formula
Posted on 1 Feb 2019 by Eversheds Sutherland LLP

The New Jersey Tax Court rejected the Division of Taxation’s application of a five-factor alternative apportionment formula as invalid rulemaking under New Jersey’s Administrative Procedures Act (APA). The Tax Court previously determined that an application... Read More

New Jersey Tax Court Upholds Division’s Use of 25/50/25 Sourcing Rule
Posted on 25 Sep 2018 by Eversheds Sutherland LLP

The New Jersey Tax Court upheld the New Jersey Division of Taxation’s use of the 25/50/25 sourcing rule for “certain services” against a provider of mass messaging services by fax, email and voice. Specifically, the court upheld the Division’s determination... Read More

New Jersey Legislature Passes Corporate Tax Increases, Still Negotiating with Governor
Posted on 28 Jun 2018 by Eversheds Sutherland LLP

In the midst of a budget showdown between New Jersey’s Legislature and Governor Murphy, on June 25, 2018, the Legislature passed a replacement bill that seeks to raise revenue with a temporary Corporation Business Tax “surtax” on corporations meeting... Read More