Composite Return Instructions - 2011 Page 2

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WHERE TO FILE
AMENDED RETURNS
Mail Form NJ-1080-C to:
An amended Form NJ-1080-C must be filed if an amended
State of New Jersey
Federal return is filed for any filing entity, or if the Internal Revenue
Division of Taxation
Service changes or corrects any item of income, gain or loss
Revenue Processing Center
previously reported. The amended New Jersey return shall be filed
PO Box 188
within 90 days of the date the amended Federal form is filed or, in
Trenton, New Jersey 08646-0188
the case of a federal Audit, within 90 days after the final
determination of the change. To amend the original composite
return, use a blank Form NJ-1080-C for the tax year that is to be
ESTIMATED TAX
If the filing entity has filed a composite return in the previous
amended and write “Amended” across the top. Complete the form
years and the amount estimated to be the total income tax liability for
by entering the correct information and attach an explanation of the
the composite return for the current tax year exceeds $400, the filing
changes.
An amended composite return should also be filed if the filing
entity must file a declaration of estimated tax and make quarterly
estimated tax payments using Form NJ-1040-ES. Instructions for
entity issues amended or corrected information returns (e.g. Form
computing the estimated tax and making the payments are included
W-2, Federal Schedule K-1, etc.) which affect Total New Jersey
with that form. Failure to file a Declaration of Estimated Tax or pay
Taxable Income (Line 17).
all or part of an underpayment will result in interest charges on the
PENALTIES AND INTEREST CHARGES
underpayment.
Penalty and interest should be included with the payment of any
tax due.
UNDERPAYMENT OF ESTIMATED TAX
The Division may impose the following:
If the filing entity failed to make the required estimated tax
Late filing penalty: 5% per month (or fraction of a month) up
payments as described above, the entity must complete Form NJ-
to a maximum of 25% of the outstanding tax liability when a
2210, Underpayment of Estimated Tax by Individuals. Completing
return is filed after the due date or extended due date. Also, a
Form NJ-2210 will determine if interest on the underpayment is due
penalty of $100 per month for each month the return is late may
and if so, will calculate the amount. If you complete and enclose
be imposed.
Form NJ-2210 with your return, check the box below Line 18.
Late payment penalty: 5% of the outstanding tax balance may
NOTE: Credit will not be given on the composite return for
be imposed.
estimated tax payments made by any of the qualified electing
nonresident participants.
Interest: 3% above the prime rate for every month or fraction
of a month the tax is unpaid, compounded annually. At the end
ACCOUNTING METHOD
of each calendar year, any tax, penalties and interest remaining
The accounting method used for Form NJ-1080-C must be the
due (unpaid) will become part of the balance on which interest
same as the accounting method used by the participants for Federal
is charged.
income tax purposes.
SIGNATURES
ACCOUNTING PERIODS
Form NJ-1080-C is not considered to be a return unless it is
The accounting period for a nonresident composite return is the
signed and dated. If the filing entity is a general partnership, a
calendar year.
limited partnership, or a limited liability partnership, the return must
be signed by a general partner or the partner designated for tax
FORMS AND ASSISTANCE
matters. If the filing entity is an electing New Jersey S Corporation
Forms are available by calling 1-800-323-4400 or by writing to
the return must be signed by an officer of the corporation; if a limited
the New Jersey Division of Taxation, 50 Barrack Street, PO Box
liability company, by an authorized member; if an estate, by the
269, Trenton, NJ 08695-0269, Attention: Forms Distribution Center.
executor or administrator; if a trust, by a trustee. If a receiver, trustee
You can have forms faxed to you at any time by faxing the requested
in bankruptcy, or assignee controls the organization’s property or
form number to TaxFax at 1-609-588-4500, or call that number for
business, that person must sign the return. If the filing entity is a
facsimile instructions. You may also request forms by accessing the
professional athletic team the return must be signed as required
Division’s home page on the Internet at:
above depending on the type of entity.
Anyone who prepares a composite return for a fee must sign the
Assistance is available by calling the Division’s Customer
return as a “Paid Preparer” and must enter his or her social security
Service Center at 609-292-6400.
number. The company or corporation name and Federal Employer
A composite return, Form 1080C, must be paper-filed. The
Identification Number, must be included, if applicable. The preparer
directory information for a composite return filed on behalf of 25 or
required to sign the composite return must sign it by hand; signature
more participants MUST be submitted on diskette or re-writable CD.
stamps or labels are not acceptable. If someone prepares the
return at no charge, the paid preparer’s area need not be completed.
ROUNDING OFF WHOLE DOLLARS
A tax preparer who fails to sign the return or provide a correct tax
The money items on the return and schedules may be shown in
identification number may incur a $25 penalty for each omission.
whole dollars. This means that any amount under 50 cents may be
eliminated and amounts of 50 cents or more should be increased to
the next higher dollar.
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