NJ Division of Taxation - Changes to the Corporation Business Tax Act

Changes to the Corporation Business Tax Act

Notice: CBT Standardized Return for Certain Filers

The creation of a new simplified standardized return for combined groups, banking corporations, financial business corporations, and separate return filers designed to replace the CBT-100U, BFC-1, and CBT-100 is underway. However, due to the combination of significant changes to Corporation Business Tax reporting and administration over the last several years, coupled with technical challenges, implementation of the new form is now expected to be effective starting with the 2022 tax year. The divisions of Taxation, and Revenue and Enterprise Services, are committed to providing the best, modernized, and standardized return for these entities with privilege periods ending on or after July 31, 2022.

P.L. 2018, c. 48, and P.L. 2018, c. 131 made significant changes to the Corporation Business Tax Act. P.L. 2020, c. 118, which was signed into law on November 4, 2020, also made a series of technical corrections, clarifications, and changes. The Division is in the process drafting information regarding these changes. Information will continue to be posted as it becomes available.

Combined Group Managerial Member Procedures

Filing Information for 2020 Forms

2020 Extensions. Certain filers may qualify for an automatic extension of time to file their Corporation Business Tax returns.
Surtax Information. General information about the Corporation Business Tax surtax.
Notice: The World-Wide and Affiliated Group Elections for 2019/2020 CBT-100U Returns.
PPP Loan / Expense Treatment Under CBT (view Press Release).
Notice: Short Period Returns in the Context of Combined Reporting

Publications and Notices

Publication	Name
Notice	Short Period Returns in the Context of Combined Reporting
TB-103	Initial Guidance on New Jersey's Conformity to IRC Section 1502 for Combined Returns
TB-102(R)	Net Operating Losses (NOLs) and Post Allocation Net Operating Losses (PNOLs) with Certain Mergers & Acquisitions
TB-101	Income Reporting and Accounting Methods of Non-U.S. Corporations Members of a Combined Group
TB-100	The Combined Group as a Taxpayer under the Corporation Business Tax Act
TB-99	Income Reporting and Returns for Banking Corporations for Privilege Periods Ending on and after July 31, 2020
TB-98	Federal Return and the Forms and Schedules to Include with the Corporation Business Tax Return Pursuant to P.L. 2020, C. 118
Notice	The World-Wide and Affiliated Group Elections for 2019/2020 CBT-100U Returns
TB-97	Changes and Corrections to the Corporation Business Tax and Other Taxes/Fees Pursuant to P.L. 2020, C. 118
TB-96	Net Deferred Tax Liability Deduction and Combined Returns
TB-95	Net Operating Losses and Combined Groups
TB-94(R)	General Information on the New Net Operating Loss Regime for Tax Years Ending on and After July 31, 2019
TB-93	The Unitary Business Principle and Combined Returns
TB-92(R)	Sourcing IRC §951A (GILTI) and IRC §250 (FDII)
TB-91	Banking Corporations and Combined Returns
TB-90(R)	Tax Credits and Combined Returns
TB-89(R)	Combined Group Filing Methods
TB-88	Combined Groups: Exclusion of Double Inclusion of GILTI and Treatment of Related Party Addbacks
TB-87(R)	Initial Guidance for Corporation Business Tax Filers and the IRC § 163(j) Limitation
TB-86(R)	Included and Excluded Business Entities in a Combined Group and the Minimum Tax of a Taxpayer That is a Member of a Combined Group
TB-85	Tax Conformity to IRC §951A (GILTI) and IRC §250 (FDII)
TB-84(R)	Changes to the New Jersey Corporation Business Tax
TB-80	Addback of Other States Taxes
Notice	Federal Tax Cuts and Jobs Act (TCJA) � Opportunity Zones
TB-79(R)	Nexus for Corporation Business Tax
TAM–2015-1(R)	New Jersey Tax Treatment of Virtual Currency
LR: 2012-5-CBT	Sourcing of income received from issuing and selling of stored value cards, gift cards, gift certificates and similar items for apportionment purposes
TAM 2011-13R	Add Back of Related Member Interest Expense
TAM-2012-1	Intercompany Transfer Pricing and Advanced Pricing Agreements
TAM 2011-22	International Affiliate Transactions Involving Intangibles and Intellectual Property
TAM 2011-6	Foreign Corporations Subject to Tax

File and Pay

All Corporation Business Tax returns and payments must be made electronically (see Efile Mandate).

Forms and instructions are available online for informational purposes.

Form	Name
CBT-100	Corporation Business Tax Return
CBT-100U - Combined Filer	Returns must be filed electronically. A copy of the instructions can be found online at Corporation Business Tax Combined Form Instructions.
CBT-100S	Corporation Business Tax Return
BFC-1	Corporation Business Tax Return for Banking and Financial Institutions

Archived Filing Information

2019

2019 Extensions. Certain filers may qualify for an automatic extension for certain returns and payments.
Notice: CBT-100U Schedule R
30-Day Penalty Relief. Corporation Business Tax returns filed under extension may receive waiver.
Combined Group Managerial Member Procedures. Information on general procedures for managerial members of combined groups.
Surtax Information. General information about the Corporation Business Tax surtax.
Efile Mandate. Electronic Filing and Payment Mandate for Corporation Business Tax N.J.A.C. 18:7-11.19.
Notice: The World-Wide and Affiliated Group Elections for 2019/2020 CBT-100U Returns.

2018

30-Day Penalty Relief. An automatic 30-day extension has been provided for filing Corporation Business Tax returns with an original due date of October 15, 2019.
NOTICE: Reporting FDII on Schedule A.
Notice: 2018 Schedule A-4 of CBT-100 and BFC-1 Correction. Line number references to Schedule PT were corrected on Schedule A-4.
New Form CBT-100-R. Information about a short-period tax return for accounting periods that begin on or after January 1, 2018, and end before July 31, 2018.
Net Operating Loss Conversion Worksheet 500-P. A new worksheet for converting the net operating loss subtraction calculation from a pre-allocation to post-allocation basis will be available in the 2018 Corporation Business Tax Return.
Extensions. Form CBT-100 and CBT-100S filers, with a return due date of November 2018, or December 2018, or January 2019, may qualify for an extension.
Surtax Information. General information about the Corporation Business Tax surtax.

2017

Notice: Form CBT-DIV 2017 Supplemental Required. Form CBT-DIV 2017 Supplemental must be submitted even if the information was included on the 2017 corporation business tax return.
Notice: Amending Form CBT-DIV 2017 Supplemental if Amending Federal Repatriation Statements Information on due dates of an original or amended Form CBT-DIV 2017 Supplemental.
Guidance for Reporting IRC §965 Income and Other Retroactive Changes. Form CBT-DIV 2017 Supplemental was created for taxpayers to reconcile their previously filed Form CBT-100 or BFC-1 to account for the retroactive changes to the Corporation Business Tax Act resulting from the legislation.
CBT-DIV 2017 Supplemental . The form and instructions for reporting IRC §965 income and other 2017 retroactive changes.
30 Day Penalty Relief. An automatic 30-day extension has been provided for filing Corporation Business Tax returns with an original due date of October 15, 2018.
Form CBT-DIV 2017 Supplemental. To be used in Lieu of CBT-DIV 2017

Miscellaneous

The Corporation Business Tax Special Adoption Regulations have been finalized and were sent to the Office of Administrative Law (OAL) on April 8 for publication in the NJ Register on May 4, 2020. Note that these regulations were immediately effective on April 8, 2020.