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In the realm of business transactions within New Jersey, the Asset Transfer Tax Declaration, governed by P.L 2007, Chapter 100 (A5002) under N.J.S.A. 54:50-38, plays a pivotal role in ensuring the compliance of businesses with state tax obligations. This declaration, known formally as the Form TTD and facilitated by the New Jersey Division of Taxation, is crafted specifically for bulk transfer transactions and mandates meticulous reporting from both the seller and purchaser of business assets. Key components of the form include detailed party information, business type designation, and a nuanced calculation for the estimated tax on gains derived from the asset transfer. Significantly, the form delineates a comprehensive procedure for the payment of estimated taxes to be held in escrow at closing, ensuring that the transaction adheres to state tax laws and regulations. Moreover, it contains provisions for declaring the gain on the sale, the tax rate applicable, and the method for calculating taxes due, with considerations for installment proceeds and deferred gains. Importantly, the form also serves as a declaration by the taxpayer, attesting to the accuracy of the information provided under penalty of punishment for falsification. This pivotal document underscores the state's commitment to tax compliance and the integrity of business transactions, positioning itself as a cornerstone in the administrative process for the transfer of business assets in New Jersey.

Sample - Nj Ttd Form

 

ASSET TRANSFER

 

TAX DECLARATION

 

P.L 2007, Chapter 100 (A5002)

 

 

N.J.S.A. 54:50-38

New Jersey Division of Taxation

 

 

Form TTD

Bulk Transfers

 

This form may be reproduced

Box 245

 

(Please print or type)

Trenton NJ 08695-0245

 

 

 

Party Information

 

 

 

Seller’s Name: ________________________________

Seller’s FID/EIN_______________________

Purchaser’s Name: ____________________________

ACTUAL Date of Sale _________________

Business Type (check one)

 

 

 

S-Corporation * [ ] Partnership * [

] LLC * [ ] Corporation [

] Proprietor [

] State of Formation ____

Return type filed to report gain: CBT [ ]

PART [ ] NJ1040/1041 [ ]

NJ1040NR [ ]

TIN __________________

* If a gain is declared (Line 9), each intended K-1 recipient must complete a declaration. Number of K-1s: [ ]

Realty Location (if applicable)

 

 

 

 

 

Block(s) [

]

Lot(s) [

 

 

]

Street Address [

 

 

 

 

]

City [

] State [

] Zip [

 

]

Calculation of Estimated Tax (to nearest dollar)

See reverse side for specific line instructions.

1.

Consideration / Selling Price

 

 

1.

$

_ _ _ , _ _ _ , _ _ _ .

2.

Settlement Charges (Not to include Mortgage/Loan payoffs)

2.

$

_ _ _ , _ _ _ , _ _ _ .

3.

Cost After Depreciation

 

 

3.

$

_ _ _ , _ _ _ , _ _ _ .

4.

Current Year Loss

 

 

4.

$

_ _ _ , _ _ _ , _ _ _ .

5.

NOL Carryover (if allowable)

 

 

5.

$

_ _ _ , _ _ _ , _ _ _ .

6.

IRC Section 1031 Exchange (if applicable)

 

 

6.

$

_ _ _ , _ _ _ , _ _ _ .

7.

Gain (subtract lines 2 through 6 from line 1)

 

7.

$

_ _ _ , _ _ _ , _ _ _ .

8. Amount of Gain Deferred (if applicable)

 

 

8.

$

_ _ _ , _ _ _ , _ _ _ .

9.

Current Year Gain (subtract line 8 from line 7)

 

9.

$

_ _ _ , _ _ _ , _ _ _ .

10. _____ % Share of Gain if K-1 (multiply line 9 by percentage)

10.

$

_ _ _ , _ _ _ , _ _ _ .

11. Tax Rate from NJ-1040 Schedule (not effective rate)

11.

 

% _ _._ _

12. Estimated Tax on Gain Due (line 10 multiplied by line 11)

12.

$

_ _ _ , _ _ _ , _ _ _ .

Will there be installment proceeds? Yes [ ] No [ ] (if yes, give details on reverse side.)

Taxpayer’s Declaration

I declare that all the information on this declaration is correct. I am aware that if any of the foregoing information provided by me is knowingly false, I am subject to punishment.

Date ____________________

Owner/Partner/Member Signature _______________________________________________________

 

Print ______________________________________________________________________________

 

Title ______________________________________________________________________________

(REV 04-13 1.3.0)

 

N.J.S.A. 54:50-38 instructs the Director, Division of Taxation, to notify the purchaser, transferee or assignee of business assets of any possible claim for State taxes. This directive includes all final business tax returns and payment.

Procedure

The estimated tax on the gain portion of the escrow to be held at closing is initially calculated by multiplying the gross consideration by the tax rate of the taxpayer.

Upon completion of this declaration, submission to and review by the Division, the estimated tax on the gain portion of the escrow may be reduced appropriately.

Upon closing of the transaction, the escrow will be held by the transferee’s attorney and the estimated tax on the gain portion of the escrow will be demanded by the Division to be applied to the appropriate tax type and year. A confirmation of receipt and the application of the estimated tax payment will be sent to the transferor’s attorney.

The taxpayer files their year end business tax return, claims credit for the payment and pays any additional tax due. They may request a refund or credit if an overpayment exists.

Specific Line Instructions for Estimated Tax Calculation

Special Note: Lines 1 through 9 establish gain. Line 10 assigns share.

Line 1: Total sale price or consideration of all assets currently being transferred.

Line 2: Total amount of settlement charges to transferor associated with this transaction.

Line 3: If fully depreciated enter zero.

Line 8: Calculate amount deferred based on installment or short term notes.

Line 9: For NJ1065 filers: If any member/partner is not an individual or if the number of nonresident member/partners exceeds five (5) stop here and attach the most current membership directory. The Division will calculate and communicate the estimated tax for resident filers and/or withholding amount for nonresident filers.

Line 11: Individual tax rates may be found in the most current NJ-1040 instructions. Corporate tax rate 6.5% ($1-$50,000), 7.5% ($50,001-$100,000) or 9% (above $100,000).

Line 12:

C-Corporation - use the greater of declared tax or minimum tax. ($500, $750, $1,000, $1,500 or $2,000 based on NJ Gross Receipts.)

S-Corporation - minimum tax applies in addition to any tax on gain.

This is the declared amount that the Division will demand from escrow to be applied to the taxpayer’s account(s).

Details of Installment proceeds:

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

___________________________________________________________________

Document Specifications

Fact Name Description
Form Title Asset Transfer Tax Declaration
Legislation P.L 2007, Chapter 100 (A5002) N.J.S.A. 54:50-38
Governing Body New Jersey Division of Taxation
Form Code TTD
Type of Form Bulk Transfers
Usage Used for declaring asset transfers and calculating the estimated tax on gained portion of escrow to be held at closing.
Important Section The taxpayer's declaration section where the seller declares the correctness of the information and acknowledges the consequences of providing false information.
Procedure Highlight The estimated tax on the gain from the asset transfer is calculated, and upon completion and review by the Division, the estimated tax may be adjusted accordingly.
Special Notes Instructions for calculating estimated tax on the gain, including provision for installment proceeds and the demand from escrow upon meeting certain criteria.

Detailed Steps for Using Nj Ttd

Filling out the NJ TTD form is a crucial step in the process of transferring business assets in New Jersey, ensuring that the estimated tax on the gain from the sale is calculated and paid. This form requires detailed information about both the seller and the purchaser, the nature of the business, and the financial specifics of the transaction. Careful attention to detail and accuracy in completing the form will facilitate smooth processing by the New Jersey Division of Taxation and help prevent any potential delays or issues. Following the instructions provided below will guide you through each step of filling out the form correctly.

  1. Start by entering the Seller’s Name and Federal ID Number (FID/EIN) in the designated sections.
  2. Next, fill in the Purchaser’s Name.
  3. Specify the ACTUAL Date of Sale.
  4. Select the type of business from the given options (S-Corporation, Partnership, LLC, Corporation, Proprietor) and mark the appropriate box.
  5. Enter the State of Formation for the business.
  6. Choose the return type filed to report the gain: CBR, PART, NJ1040/1041, or NJ1040NR and mark the correct box.
  7. If applicable, indicate the number of K-1s.
  8. Provide the Realty Location details if relevant, including block(s), lot(s), street address, city, state, and zip code.
  9. Under the Calculation of Estimated Tax section, fill in the numbers carefully:
    1. Enter the total Consideration / Selling Price.
    2. Fill in the Settlement Charges (excluding mortgage/loan payoffs).
    3. Specify the Cost After Depreciation; enter zero if fully depreciated.
    4. Note the Current Year Loss.
    5. Include any NOL Carryover if allowable.
    6. Indicate the amount for IRC Section 1031 Exchange if applicable.
    7. Calculate the Gain by subtracting lines 2 through 6 from line 1.
    8. Enter the Amount of Gain Deferred if applicable.
    9. Determine the Current Year Gain by subtracting line 8 from line 7.
    10. Calculate the % Share of Gain if K-1 (multiply line 9 by percentage).
    11. Find the Tax Rate from NJ-1040 Schedule and enter the percentage.
    12. Compute the Estimated Tax on Gain Due (line 10 multiplied by line 11).
  10. Answer whether there will be installment proceeds and provide details on the reverse side if applicable.
  11. Complete the Taxpayer’s Declaration by entering the date and signing your name along with your title. Print your name clearly.

Upon completion and submission of the NJ TTD form to the Division of Taxation, it will be reviewed, and the amount of estimated tax to be held in escrow at closing may be adjusted accordingly. The appropriate action will take place at the closing of the transaction where the escrow will be managed according to the Division’s direction. Following these steps ensures that the process moves forward smoothly. A confirmation will be sent once the estimated tax payment has been received and applied. Finally, the taxpayer should include this payment in their year-end tax return, where they can claim the payment and settle any remaining tax liability.

Learn More on Nj Ttd

What is the NJ TTD form?

The NJ TTD form, also known as the Asset Transfer Tax Declaration, is a document required by the New Jersey Division of Taxation under P.L 2007, Chapter 100 (A5002). Its main purpose is to declare the estimated tax due on the gain from the transfer of business assets. The form is used in bulk transfer situations to ensure compliance with state tax laws.

Who needs to fill out the NJ TTD form?

Any party involved in the bulk transfer of business assets in New Jersey, such as sellers or purchasers of a business, needs to complete this form. This includes S-Corporations, Partnerships, LLCs, Corporations, and Proprietors.

What information is required on the form?

The form requires detailed information about the parties involved in the transaction, including:

  • Seller’s Name and FID/EIN
  • Purchaser’s Name
  • Actual Date of Sale
  • Type of Business
  • State of Formation
  • Return type filed to report gain
  • Realty Location (if applicable)
  • Detailed calculation of the estimated tax on gain

How is the estimated tax calculated on the NJ TTD form?

The estimated tax is calculated by subtracting allowances such as settlement charges, cost after depreciation, current year loss, NOL carryover, and IRC Section 1031 Exchange (if applicable) from the total consideration or selling price. Then, the gain derived is used to determine the estimated tax owed.

Is an installation proceeds section included in the form?

Yes, the form includes a section to detail if there will be installment proceeds from the transfer. If applicable, specifics of these proceeds need to be provided on the reverse side of the form.

What happens after submitting the NJ TTD form?

After submitting the form, the New Jersey Division of Taxation reviews the estimated tax calculation. The estimated tax on the gain portion of the escrow held at closing may be adjusted. The escrow is then applied to the appropriate tax year and type upon closing. A confirmation of the estimated tax payment receipt and application is sent to the transferor’s attorney.

How do you submit the form?

The NJ TTD form should be submitted as specified by the New Jersey Division of Taxation. It can typically be mailed to the provided address on the form, but always verify current submission guidelines with the Division or a tax professional.

What are the consequences of providing false information?

Individuals who knowingly provide false information on the NJ TTD form are subject to punishment, including potential fines and legal consequences. Accurate and truthful information must be declared to avoid such penalties.

Can the estimated tax payment be adjusted or refunded?

Yes, the taxpayer may file a year-end business tax return, claiming credit for the payment. If an overpayment exists, a refund or credit may be requested. Any additional tax due must also be paid at this time.

Where can I find the specific line instructions for the form?

Specific line instructions for estimated tax calculation are provided on the reverse side of the NJ TTD form. These instructions detail how to calculate the gain and the estimated tax payment correctly.

Common mistakes

When filling out the New Jersey Asset Transfer Tax Declaration, commonly known as the Form TTD, people often encounter pitfalls. Avoiding these mistakes is crucial for a smooth transaction process. Here are the top five errors to watch out for:

  1. Incorrectly reporting the selling price or consideration: The total sale price or consideration for all assets being transferred must be accurately reported in Line 1. Overestimating or underestimating this figure can lead to incorrect tax estimations.

  2. Omitting or inaccurately listing settlement charges: Line 2 requires the total amount of settlement charges associated with the transaction, excluding mortgage or loan payoffs. Failing to include these charges or listing them inaccurately can affect the calculation of the estimated tax.

  3. Improper calculation of deferred gain: If applicable, the amount of gain deferred through installment or short-term notes must be calculated and reported on Line 8. Misinterpretation of this calculation can lead to incorrect tax obligations.

  4. Not attaching necessary additional documentation: For NJ1065 filers, if any member or partner is not an individual or if the number of nonresident members or partners exceeds five, the process requires attaching the most current membership directory. Failure to include required documentation could delay processing.

  5. Misunderstanding the tax rate and estimated tax due: Line 11 requires the tax rate from the NJ-1040 Schedule to be applied, which varies for corporations and individuals. Line 12 then calculates the estimated tax on gain due. Misinterpreting these instructions can lead to an incorrect tax payment.

Avoiding these errors requires careful reading of the form instructions and attention to detail. Ensuring the accurate completion of each line and including all necessary documentation will facilitate a smoother transaction and compliance with New Jersey tax obligations.

Documents used along the form

In the process of business transactions, especially those involving the transfer of assets, the NJ TTD form plays a crucial role by ensuring compliance with tax laws related to asset transfers. This document, titled the Asset Transfer Tax Declaration, necessitates the completion and submission of various other forms and documents to fully support and document the transaction comprehensively. Understanding these supplementary documents can provide clarity and ease the completion of the transaction process.

  • Form A-3128: This is an Affidavit of Consideration for Use by Seller. It documents the amount of consideration involved in the real estate transaction, a requirement by New Jersey counties to record deeds.
  • Form GIT/REP-1: Non-Resident Seller's Tax Declaration form is used when a non-resident of New Jersey sells or transfers real estate located in New Jersey, to declare tax withholdings related to the gain on the sale.
  • Form GIT/REP-3: This Seller's Residency Certification/Exemption, essential for residents of New Jersey proving their residency status to exempt themselves from withholding tax at the time of a real estate sale.
  • Form CBT-100: Corporation Business Tax Return for businesses operating as corporations, crucial for reporting the income, gains, losses, and taxable distribution of the corporate entity to the state of New Jersey.
  • Form NJ-1065: Partnership Return, necessary when the seller is a partnership. This form reports the income, deductions, gains, and losses from the operation of a partnership.
  • Form WR-30: Employer Report of Wages Paid. While not directly related to the sale of assets, if the business has employees, this form reports wage and tax information for each employee to the state.
  • Form UC-2: Report Covering Employees Subject to Unemployment Insurance. Businesses must report their payroll and calculate unemployment insurance contributions for employees, an important aspect of business operations to be squared away during a transfer of ownership.

Completing and submitting these forms along with the NJ TTD form ensures that the transfer of assets is properly documented and in compliance with all applicable laws and regulations. The intersection of these documents with the transaction process emphasizes the importance of meticulous documentation and adherence to state requirements, ultimately facilitating a smooth transition and preventing legal and financial complications down the line.

Similar forms

The New Jersey Asset Transfer Tax Declaration (TTD) shares similarities with the IRS Form 4797, Sales of Business Property. Both documents are pivotal for individuals or businesses selling or transferring assets, focusing on calculating the profit or loss from these transactions. The process involves reporting the sale price, adjusting for various costs and depreciation, and finally determining the gain or loss. This calculation is crucial for tax reporting purposes, as it influences the tax obligations resulting from the transaction.

Similarly, the New Jersey TTD form is akin to the IRS Form 8824, Like-Kind Exchanges. When a business or individual engages in a 1031 exchange, which allows the deferral of tax on property (usually real estate) if it is exchanged for a similar property, details of this transaction must be accurately reported. Both forms require information about the properties exchanged, calculation of deferred gain, and tracking of basis for the newly acquired property, ensuring compliance with tax regulations governing these sophisticated transactions.

Another document similar to the NJ TTD form is the IRS Schedule D (Form 1040), Capital Gains and Losses. Schedule D is used by individuals to report capital gains and losses from the sale of financial assets like stocks, bonds, and real estate. Although the NJ TTD form primarily focuses on the bulk transfer of business assets, both forms require the seller to calculate the gain or loss from sales, taking into consideration the original purchase prices, associated costs, and depreciation, to accurately report and pay any taxes owed.

The New Jersey TTD form also parallels the IRS Form 1065, U.S. Return of Partnership Income, in how gains from the sale of assets need to be reported. Specifically, in situations where a partnership sells assets and generates gain, this must be declared, and the resultant tax implications distributed among partners. Both the NJ TTD form and Form 1065 require detailed financial breakdowns of the transaction, including sales price and expenses, to determine the net gain to be reported and taxed appropriately. Information on these forms guides the calculation of taxes due or the realization of losses that can affect each partner's individual tax obligations.

Dos and Don'ts

When filling out the New Jersey Transfer Tax Declaration (NJ TTD form), it's important to ensure accuracy and completeness in your submission. Here are some critical dos and don'ts to guide you through the process:

Do:

  • Verify all party information: Double-check the seller's and purchaser's names, FID/EIN, and all related party details to ensure they are correctly entered.
  • Report the accurate Date of Sale: The actual date of sale must be clearly and correctly documented in the form.
  • Complete the gain declaration accurately: If a gain is declared on Line 9, ensure every intended K-1 recipient has completed their part of the declaration as required.
  • Calculate the estimated tax correctly: Follow the instructions carefully to compute the estimated tax on the gain, considering deductions and taxable amounts as specified.

Don't:

  • Omit details about the business type: Marking the correct type of business entity is crucial. Failing to do so may result in inaccuracies in tax calculations or processing delays.
  • Ignore settlement charges: Excluding or inaccurately reporting settlement charges can affect the calculation of the gain and, consequently, the estimated tax due.
  • Forget about installment proceeds: If there will be installment proceeds, it is essential to indicate this by checking 'Yes' and providing detailed information on the reverse side of the form.
  • Neglect the declaration requirement: The taxpayer's declaration at the end of the form is a legal acknowledgment of the accuracy and completeness of the information provided. Skipping this step or submitting the form without the required signatures can invalidate your submission.

Following these guidelines can help in completing the NJ TTD form accurately and efficiently, avoiding common errors that could lead to delays or issues with the New Jersey Division of Taxation.

Misconceptions

Understanding the New Jersey Transfer Tax Declaration (Form TTD) involves navigating through a lot of specifics. Misinterpretations can lead to common misconceptions about its requirements and implications. Here are seven commonly misunderstood aspects of the NJ TTD form and the truth behind each.

  • Misconception 1: The form is only for large businesses.

    Many assume that the NJ TTD form is exclusive to large corporations. However, it applies to all business entities engaged in the sale or transfer of business assets in New Jersey, regardless of their size. That includes small businesses, sole proprietorships, partnerships, and limited liability companies (LLCs).

  • Misconception 2: Only the sale price matters for tax calculations.

    It's a common belief that the tax is calculated solely based on the sale price of the assets. In reality, the form allows for various deductions, such as settlement charges and depreciation costs, which can significantly impact the gain calculated for tax purposes.

  • Misconception 3: It's unnecessary to declare a gain if planning to file for a loss.

    Even if the seller expects to report a loss on their business tax return, they must still complete the NJ TTD form. It's crucial for accurately documenting the transaction and ensuring compliance with New Jersey law.

  • Misconception 4: Tax on the entire gain is due immediately.

    Some sellers think they need to pay tax on the entire gain at the time of sale. However, if applicable, amounts deferred under IRS Section 1031 or installment sales can impact the timing and amount of tax due. It's important to provide details about any installment proceeds on the form.

  • Misconception 5: Only residents of New Jersey need to complete the form.

    Regardless of residency, any party transferring business assets located in New Jersey is required to complete the NJ TTD form. This ensures that all relevant transactions are properly reported to the New Jersey Division of Taxation.

  • Misconception 6: The form only applies to the transfer of real estate.

    While real estate transactions can trigger the need for a TTD form, it's also required for the bulk transfer of various other business assets, not just property. This includes inventory, fixtures, and any other tangible business assets being sold or transferred.

  • Misconception 7: Completing the form finalizes tax obligations.

    Completing and submitting the NJ TTD form is only part of the process. Sellers must also file their year-end business tax return, where they'll claim credit for any estimated tax paid and settle any additional tax due. The form begins a process that concludes with the reconciliation of the transaction in the seller's annual tax filings.

Dispelling these misconceptions is crucial for anyone involved in transferring business assets in New Jersey. Understanding the true requirements and implications of the NJ TTD form ensures compliance and helps avoid potential legal and financial pitfalls.

Key takeaways

Understanding how to correctly fill out and use the New Jersey Asset Transfer Tax Declaration Form (TTD) is crucial for smooth business transactions involving the sale of business assets. Here are key takeaways to ensure compliance and accuracy:

  • Form Identification: The form in question is the New Jersey Division of Taxation Form TTD, specifically for bulk transfers.
  • Form Location and Submission: The completed form, which can be printed or typed, should be sent to Box 245, Trenton NJ 08695-0245.
  • Completion Requirements: It's imperative to provide comprehensive party information, including the seller’s name and Federal Identification Number (FID/EIN) as well as the purchaser's details and the actual date of sale.
  • Business Type Indication: The form requires the identification of the business type involved in the transaction, with options including S-Corporation, Partnership, LLC, Corporation, or Proprietor.
  • Declaration for K-1 Recipients: If declaring a gain, each intended recipient of a Schedule K-1 must complete a declaration, specifying their shares.
  • Realty Information: If realty is part of the asset transfer, information regarding its location must be provided.
  • Calculation of Estimated Tax: The form walks you through calculating the estimated tax due from the transaction, starting with the total consideration/selling price and adjusting for various factors such as settlement charges and depreciation.
  • Taxpayer Declaration: The taxpayer must declare the accuracy of the information provided, under penalty of punishable offenses for knowingly false declarations.
  • Estimation and Payment of Tax: The Division of Taxation reviews the form to set the estimated tax on the gain to be held in escrow at closing. This amount is aimed to cover any applicable state taxes for the transaction year.
  • Post-Transaction Procedures: After closing, the transaction’s escrow will be held by the transferee’s attorney, and the Division demands the estimated tax to be applied as credit towards the final business tax return of that year. The taxpayer can claim credit for this payment and settle any outstanding balance or request a refund for overpayment.
  • Line Instructions for Estimated Tax Calculation: Special attention should be given to lines that calculate the gain, share of gain for K-1 distribution, and the applicable tax rate. For corporate entities, the tax rate varies and minimum taxes may apply. Details on deferred gain and installment proceeds are critical for accurate tax calculation.

By adhering to these guidelines when completing the NJ TTD form, businesses can ensure they accurately report and pay any taxes due from the sale of assets, thereby avoiding potential legal and financial penalties.

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