related members which were deducted in computing taxable net
income on line 28 of Schedule A must be reported on Schedule G,
Part II. Enter the total of such intangible expenses and costs on line
33(d) of Schedule A.
Exceptions: If the taxpayer is claiming an exception to the disal-
lowance of the expense reported in Part I or Part II, then the taxpay-
er must complete and attach Schedule G-2. This schedule may be
obtained from the Division of Taxation’s web site. See index on
page 14.
Definitions:
Related member means a person that, with respect to the taxpayer
during all or any portion of the privilege period is (1) a related entity,
(2) a component member as defined in subsection (b) of section
1563, of the federal Internal Revenue Code of 1986, 26 U.S.C.
s.1563, (3) a person to or from whom there is attribution of stock own-
ership in accordance with subsection (e) of section 1563 of the fed-
eral Internal Revenue Code of 1986, 26 U.S.C. s.1563 or (4) a per-
son that, notwithstanding its form of organization, bears the same
relationship to the taxpayer as a person described in (1) through (3)
of this definition.
Related entity means (1) a stockholder who is an individual or a
member of the stockholder’s family enumerated in section 318 of the
federal Internal Revenue Code of 1986 26 U.S.C. s.318, if the stock-
holder and the member’s of the stockholder’s family own, directly,
indirectly, beneficially or constructively, in the aggregate, at least 50%
of the value of the taxpayer’s outstanding stock; (2) a stockholder, or
a stockholder’s partnership, limited liability company, estate, trust or
corporation, if the stockholder and the stockholder’s partnerships,
limited liability companies, estates, trusts and corporations own
directly, indirectly, beneficially or constructively, in the aggregate, at
least 50% of the value of the taxpayer’s outstanding stock; or (3) a
corporation, or a party related to the corporation in a manner that
would require an attribution of stock from the corporation to the party
or from the party to the corporation under the attribution rules of the
federal Internal Revenue Code of 1986, 26 U.S.C. s.318, if the tax-
payer owns, directly, indirectly, beneficially or constructively, at least
50% of the value of the corporation’s outstanding stock. The attribu-
tion rules of the federal Internal Revenue Code of 1986, 26 U.S.C.
s.318, shall apply for purposes of determining whether the ownership
requirements of this definition have been met.
Intangible expenses and costs includes (1) expenses, losses, and
costs, for, related to, or in connection directly or indirectly with the
direct or indirect acquisition, use, maintenance or management, own-
ership, sale, exchange, or any other disposition of intangible proper-
ty to the extent such amounts are allowed as deductions or costs in
determining taxable income before operating loss deduction and spe-
cial deductions for the taxable year under the federal Internal
Revenue Code of 1986, 26 U.S.C. s.1 et seq., (2) losses related to,
or incurred in connection directly or indirectly with factoring transac-
tions or discounting transactions, (3) royalty, patent, technical and
copyright fees, (4) licensing fees, and (5) other similar expenses and
costs.
Intangible Property means patents, patent applications, trade
names, trademarks, service marks, copyrights, mask works, trade
secrets and similar types of intangible assets.
Intangible Interest Expenses and Costs means amounts directly or
indirectly allowed as deductions under section 163 of the federal
Internal Revenue Code of 1986 26 U.S.C. s.163, for purposes of
determining taxable income under the code to the extent such
expenses and costs are directly or indirectly for, related to, or in con-
nection with the direct or indirect acquisition, maintenance, manage-
ment, ownership, sale, exchange or disposition of intangible
property.
29. SCHEDULE H - TAXES: Itemize all taxes which were in any way
deducted in arriving at taxable net income, whether reflected at line
2 (Cost of goods sold and/or operations), line 17 (Taxes), line 26
(Other deductions) or anywhere else on Schedule A. Also refer to
instruction 16(f).
30. SCHEDULE I - CERTIFICATION OF INACTIVITY: In lieu of com-
pleting the entire tax return, an inactive corporation may complete
this schedule along with pages 1 through 4 of the tax return.
Payment for the related minimum tax and the installment payment (if
applicable) must be submitted with Form CBT-100-V. An inactive
corporation is a corporation that, during the entire period covered by
the tax return, did not conduct any business, did not have any
income, receipts or expenses, and did not own any assets.
31. OPTIONAL COPIES OF SCHEDULES C AND C-1: Any taxpayer
that files an unconsolidated Federal Form 1120 with the Internal
Revenue Service may submit copies of Schedules M-1 and M-2 of
that return in lieu of completing Schedules C and C-1 of the CBT-100.
Such copies or reproductions must be facsimiles of the complete
schedules, they must be of good legibility and on paper of substan-
tially the same weight and texture, and of a quality at least as good
as that used in the official form, CBT-100. They must also be of the
same size as that of the official schedules, both as to the overall
dimensions of the paper and the image reproduced thereon.
Separate pages must be fastened together in proper order and must
be attached to the return form. The taxpayer’s full name and tax
identification number must be typed or printed on each reproduced
page or copy.
32. SCHEDULE J - GENERAL INSTRUCTIONS:
(a) ALLOCATION PERCENTAGES: In computing the allocation
factor in Schedule J, division must be carried to six (6) decimal
places, e.g. 0.123456.
(b) Effective for returns beginning after July 1, 2010, all
corporations are entitled to allocate.
(c) Effective for returns beginning on or after January 1, 2012, the
weighting of the factors will change yearly. All returns with
periods beginning on or after January 1, 2012 will have a 70%
weighted receipts fraction, and 15% weighted property and pay-
roll fractions. All returns for periods beginning on or after January
1, 2013 will have a 90% weighted receipts fraction, and 5%
weighted property and payroll fractions. All returns for periods
beginning on or after January 1, 2014 will have a 100% weighted
receipts fraction only.
(d) Only activities related to operational activity are to be used in
computing the general allocation factors. If the taxpayer has
non-operational activity, refer to Schedule O.
33. SCHEDULE J PART II:
(A) Periods Beginning Prior to January 1, 2014 - AVERAGE
VALUES: Average value is generally computed on a quarterly
basis where the taxpayer’s accounting practice permits such com-
putation. At the option of the taxpayer or the State, a more frequent
basis (monthly, weekly or daily) may be used. Where the taxpay-
er’s accounting practice does not permit computation of average
value on a quarterly or more frequent basis, semi-annual or annual
frequency may be used only where no distortion of average value
results. If any basis other than quarterly is used, state the basis and
reasons for use on attached rider.
The average values of real and tangible personal property owned
which are used in determining the property fraction of the allocation
factor are based on book value. The numerator and denominator
must take into account accumulated depreciation deferred for net
income purposes where the taxpayer accounts for its property on its
books on a Federal income tax basis. Rented or leased property is
valued at eight times its annual rent, including any amounts (such
as taxes) paid or accrued in addition to or in lieu of rent during the
period covered by the return. All other property which is used by the
taxpayer but is neither owned, rented or leased, should be valued at
book value, however, if no such book value exists, the market value
of the property should be used.
(B) Periods Beginning On and After January 1, 2014 - COMPUTA-
TION OF ALLOCATION FACTOR: This Schedule may be omitted
if the taxpayer does not have activity outside of New Jersey.
(i) Line 1(a)-1(d) RECEIPTS FRACTION: Receipts from sales of
tangible personal property are allocated to New Jersey where the
goods are shipped to points within New Jersey. Receipts from the
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