- 2 -
if they have New Jersey receipts. For more information, see
TB-108, Nexus for Corporation Business Tax for Privilege Peri-
ods Ending on and after July 31, 2023.
The attributes and activities of a QSSS, disregarded entity, or
unitary partnership are included as part of its parent corpora-
tion’s attributes and activities when determining whether the
corporation has nexus.
Corporations Claiming P.L. 86-272. Foreign corporations
that meet the ling requirements and whose income is immune
from tax pursuant to Public Law 86-272, must obtain and com-
plete Schedule N, Nexus – Immune Activity Declaration, and all
of the schedules from the CBT-100. In addition, taxpayers must
include a copy of the Nexus Questionnaire. P.L. 86-272 lers
are not subject to the surtax imposed by N.J.S.A. 54:10A-5.41,
and will enter zero on page 1, line 5. These corporations must
remit the minimum tax with the CBT-100.
Note: Check the box on page 1 to indicate the corporation is
claiming P.L. 86-272.
For more information, see TB-109, Combined Group Filing
Methods for Privilege Periods Ending On and After July 31,
2023.
Out-of-Business Corporations. Corporations that are “out of
business” but have not dissolved or withdrawn their authority to
do business in New Jersey, are still obligated to le a return. A
dissolution or withdrawal date must be established on or before
the last day of the current taxable period to avoid having to le
a return for the next tax period.
New Corporations. Every New Jersey corporation acquires a
taxable status beginning 1) on the date of its incorporation, or
2) on the rst day of the month following its incorporation if so
stated in its certicate of incorporation. Every corporation that
incorporates, qualies, or otherwise acquires a taxable status
in New Jersey must le a Corporation Business Tax return. A
tax return must be led for each scal period, or part thereof,
beginning on the date the corporation acquired a taxable status
in New Jersey regardless of whether it had any assets or con-
ducted any business activities. No return may cover a period
exceeding 12 months, even by a day.
S Corporations. For privilege periods beginning on or after
December 22, 2022, a corporation that has elected and quali-
es to be an S corporation pursuant to Section 1361 of the In-
ternal Revenue Code is required to le Form CBT-100S unless
the shareholders elect to be treated as a C corporation for New
Jersey purposes. See Hybrid Corporations.
Note: Corporations ling as New Jersey S corporations
must use Form CBT-100S. Form CBT-100 (or Form
CBT-100U if they are part of a combined group) cannot
be used to le an S corporation return.
Hybrid Corporations. A federal S corporation or Qualied
Subchapter S Subsidiary that elects to le as a C corporation
for New Jersey purposes is a hybrid corporation. For informa-
tion on ling requirements, see TB-105, Corporation Business
Tax and Gross Income Tax Guidance regarding S Corporations
and Qualied Subchapter S Subsidiaries.
Federal S corporations that have elected to be New Jersey C
corporations must complete Form CBT-100 or Form CBT100U,
whichever is applicable, as though no election had been made
under
I.R.C. §
1362. A copy of Form 1120-S as led must ac-
company the return that is submitted to New Jersey.
Note: Check the box on page 1 to indicate the corporation is a
hybrid corporation.
Domestic International Sales Corporations (DISC). A DISC
must complete this return as though no election had been
made under Sections 992-999 of the Internal Revenue Code. A
DISC must complete all applicable schedules on the return.
Combinable Captive Insurance Companies. Combinable
captive insurance companies are not exempt from the Corpo-
ration Business Tax. If the combinable captive insurance com-
pany is not included as a member of a combined group ling
a New Jersey Corporation Business Tax Unitary Return, Form
CBT-100U, they must le a separate New Jersey Corporation
Business Tax Return, Form CBT-100.
Note: A regular captive insurance company that does not meet
the denition of a combinable captive insurance com-
pany in N.J.S.A. 54:10A-4(y) is exempt from the Corpo-
ration Business Tax.
For more information, see 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.
Foreign Sales Corporations (FSC). An FSC must com-
plete this return as though no election had been made under
Sections 922-927 of the Internal Revenue Code. FSCs must
complete all applicable schedules on the return. Under Section
5, P.L. 106-519, no corporation may elect to be an FSC after
September 30, 2000.
Financial Business Corporations. Corporations
that qualify as nancial businesses, those that derive
75% of their gross income from the nancial activi-
ties enumerated at N.J.A.C. 18:7-1.16(a)1 through (a)7, must
le the New Jersey Corporation Business Tax Return, Form
CBT-100 or the Corporation Business Tax Unitary Return,
Form CBT-100U. All nancial business corporations must
check the box on page 1 to indicate that they are ling as a -
nancial corporation.
Banking Corporations. Banking corporations as
dened in N.J.S.A. 54:10A-36, must le the New Jer-
sey Corporation Business Tax Return, Form
CBT-100 or the Corporation Business Tax Unitary Return,
Form CBT-100U. All banking corporations must check the box
on page 1 to indicate that they are ling as a banking
corporation.
Professional Corporations. Corporations formed under
N.J.S.A. 14A:17-1 et seq. or any similar laws of a possession
or territory of the U.S., a state, or political subdivision thereof,
must complete Schedule PC. Examples of licensed profes-
sionals include certied public accountants, architects, optom-
etrists, professional engineers, land surveyors, land planners,
chiropractors, physical therapists, registered professional
nurses, dentists, osteopaths, physicians and surgeons, doctors
of medicine, doctors of dentistry, podiatrists, veterinarians, and
attorneys.
Investment Company/Captive Investment Company. Ta x-
payers that meet statutorily enumerated denitions of a “cap-
tive” must be included as members of the combined group.
A business that is not included on a New Jersey Corporation