Form Nj-1080e - Election To Participate In A Composite Return - 2011 Page 2
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218:35-1.30 Composite Returns for Nonresidents
(a) A general partnership, a limited partnership, a limited liability partnership
1. Each qualified electing nonresident participant is personally liable for the
(LLP), a limited liability company (LLC), a New Jersey electing S corporation,
timely filing of returns and payment of such individual’s liability, including, but
an estate, a trust, or a professional athletic team (as defined in N.J.A.C. 18:35-
not limited to, any assessment resulting from an audit of the composite return.
1.29) doing business or conducting activities in New Jersey or having income
2. Each qualified electing nonresident participant adopts the statements
derived from or connected with sources within New Jersey may file a composite
contained in the filed composite return relating to the filing entity and to him or
New Jersey Nonresident gross income tax return (Form NJ-1080-C) on behalf
herself (but not as to statements made on the composite return relating solely
of its qualified nonresident individual partners, members, shareholders, or
to other participants), and shall take, under penalties of perjury, full
beneficiaries, as the case may be, who elected to file such return.
responsibility for the truth of the statements contained in the filed composite
1. Any entity which files a composite return on behalf of its qualified
return.
nonresident individual members shall be referred to as the “filing entity”.
3. Each qualified electing nonresident participant adopts, as his or her own,
(b) A qualified nonresident individual is one who elects to participate in the
any actions of the filing entity that may affect the composite return, including,
composite return and satisfies all of the following conditions:
but not limited to, a waiver of the statute of limitations for assessment or any
1. The individual was a nonresident for the entire taxable year;
decision to accept the results of an audit by the Division.
2. The individual did not maintain a permanent place of abode in New Jersey
4. The Director retains the right to require the filing of an individual New
at any time during the taxable year;
Jersey Nonresident Gross Income Tax Return (Form NJ-1040NR) by any
3. The individual was not a fiscal year filer;
individual who participates in a composite return when the Director deems that
4. The individual did not have income derived from or connected with New
the filing of a separate individual return is necessary to acquire complete facts
Jersey sources other than the income reported on this or any other composite
and information or to enforce the provisions of the Gross Income Tax Act.
return;
(j) Each composite return shall include the following for each qualified
5. The individual waives the right to claim any New Jersey personal
electing nonresident participant:
exemption, credit or deduction and agrees to have the tax calculated directly
1. Name and address;
on such income at the highest tax rate in effect for single taxpayers for the tax
2. Social Security Number;
year; and
3. The participant’s share of income derived from or connected with New
6. The individual elects to be included in a composite return by completing
Jersey sources;
and delivering to the filing entity a Form NJ-1080E (Election to be included in a
4. The New Jersey gross income tax attributable to the participant’s share of
Composite Return), or a form substantially similar thereto, prior to the filing of
income derived from or connected with New Jersey source; and
the composite return by the filing entity.
5. A copy of the following;
i.
Such election must be made annually;
i. Schedule NJK-1, Form NJ-1065, if the filing entity is a partnership,
ii. Such election shall be binding on the participant’s heirs,
limited liability company or limited liability partnership;
representatives, assigns, successors, executors and administrators;
ii. Schedule NJ-K-1, Form CBT-100S, if the filing entity is a New Jersey
iii. Such election shall be an express consent to personal jurisdiction in
electing S corporation;
New Jersey for New Jersey personal income tax purposes; and
iii. Schedule K-1, Federal Form 1041, if the filing entity is a trust or estate;
iv. A qualified electing nonresident participant may not revoke an election
or
to be included in the composite return or make an election to be included in the
iv. Form W-2, if the filing entity is a professional athletic team.
composite return after April 15 following the close of the taxable year.
(k) Each return must include the names, addresses, and social security
(c) Each filing entity must retain the completed and signed election forms
numbers of all members of the filing entity who are not included in the
(Form NJ-1080E) submitted by the qualified electing nonresident participants.
composite return.
Such forms must be made available to the Division of Taxation upon request.
(l) Any composite return which is filed on behalf of 25 or more participants
(d) An individual may participate in more than one New Jersey gross income
must be filed on diskette or by using magnetic media.
tax composite return, providing the requirements of subsections (b)1 through
(m) The composite New Jersey Nonresident gross income tax return (Form
(b)6, above, are satisfied.
NJ-1080-C) must be signed by:
(e) Nonresident individuals who are not eligible to participate in the composite
1. The tax matters partner, if the filing entity is a general partnership, a
return because they do not satisfy all of the requirements of subsection (b), or
limited partnership, or a limited liability partnership;
who do not wish to participate in the composite return, must file a Form NJ-
2. An officer of the corporation, if the filing entity is an S corporation;
1040NR reflecting their income from all sources, as well as from New Jersey
3. The executor or administrator, if the filing entity is an estate;
sources.
4. A trustee, if the filing entity is a trust; or
(f) The composite return shall be due on the fifteenth day of the fourth month
5. An authorized member, if the filing entity is a limited liability company.
following the close of the taxable year of the qualified electing nonresident
6. If the filing entity is a professional athletic team the return must be signed
participants. An extension of time to file will be granted on a composite basis
as required in subsections 1 through 5 above, depending on the entity type of
only and must be requested in accordance with N.J.A.C. 18:35-1.18. The
the team.
request must be made on From NJ-630 and must be made under the filing
(n) If, after the final composite return has been filed, a qualified, electing,
entity’s federal identification number.
nonresident participant discovers income derived from or connected with New
(g) If the filing entity has filed a composite return previously and the amount
Jersey sources other than from the filing entity, such participant shall file a
which the filing entity estimates to be the total income tax liability for the
Nonresident New Jersey Gross Income Tax Return (Form NJ-1040NR) which
composite return for the current tax year exceeds $100, the filing entity must
includes all income derived from New Jersey sources (including the share of
file a declaration of estimated tax and make quarterly estimated tax payments
income reported on the composite return).
in accordance with N.J.S.A. 54A:8-4 and 8-5, using Form 1040-ES. Credit will
1. The participant’s Form NJ-1040NR must include a schedule indicating the
not be given on the composite return for individual estimated tax payments
name of the filing entity(s) for which the participant was included in a composite
made by, or on behalf of, any of the qualified electing nonresident participants.
return, and showing the amount of income included on the participant’s behalf
(h) The tax due shall be calculated using the highest gross income tax rate in
for each composite return and the tax paid thereon.
effect for single taxpayers for the tax year for which the composite return is
2. Such participant shall be entitled to a credit on the Form NJ-1040NR for
being filed, without benefit of personal exemptions, deductions or credits.
the gross income tax paid on behalf of such participant on the composite return
(i) The filing of a composite return shall be considered to be a group of
(Form NJ-1080-C).
separate returns meeting the individual filing requirements for each qualified
(o) For members of general and limited partnerships and professional athletic
electing nonresident participant as imposed by the Gross Income Tax Act.
teams this rule shall apply to all tax years beginning on or after January 1,
N.J.S.A 54A:1-1 et seq.
1995. For members of New Jersey electing S corporations, limited liability
partnerships, limited liability companies, and estates and trusts this rule shall
apply to all tax years beginning on or after January 1, 1996.
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