07/05/2018
New Jersey Division of Taxation Required to Conduct Tax Amnesty
by David Engel, CPA (RIA)
Governor Phil Murphy has signed legislation that requires the Division of Taxation to conduct a tax amnesty during a period that will last no longer than 90 days and end no later than January 15, 2019. ( L. 2018, A3438, effective 07/01/2018)
Amnesty. A taxpayer who has failed to pay any state tax on or before the day on which the tax is required to be paid may pay to the Division on or before the last day of the period established by the Division, the amount of that tax and one-half of the balance of interest that is due as of November 1, 2018, but without the remaining one-half of the balance of interest that is due as of November 1, 2018 and without any late payment penalty, late filing penalty, cost of collection, delinquency penalty or recovery fee that may otherwise be due. The taxpayer will be required to pay any civil fraud or criminal penalty arising out of an obligation imposed under any state tax law. The amnesty applies only to state tax liabilities for tax returns due on or after February 1, 2009 and prior to September 1, 2017. Notwithstanding the provisions of any other law to the contrary, no taxpayer will be entitled to a waiver of one-half of the balance of interest due as of November 1, 2018, penalty and recovery fee unless full payment of the tax and one-half of the balance of interest due as of November 1, 2018 is made in accordance with the rules and procedures established by the Division of Taxation.
Taxpayers excluded from amnesty: The amnesty is not available to a taxpayer who has been notified by the Office of Criminal Investigation in the Division of Taxation that he or she is under criminal investigation for a state tax matter, unless the Office of Criminal Investigation certifies to the Division that the state tax matter involving that person was resolved.
Failure to participate in amnesty: There is a 5% penalty, which is not subject to waiver or abatement, in addition to all other penalties, interest, or costs of collection otherwise authorized by law, upon any state tax liabilities eligible to be satisfied during the period established that are not satisfied during the amnesty period.
© 2018 Thomson Reuters/Tax & Accounting. All Rights Reserved.