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The Garden State’s Tax Maze: A Comprehensive Review of New Jersey’s Sales Tax Policies

Key Takeaways

  • Understand who needs to collect New Jersey sales tax
  • Learn about the sales tax rates in New Jersey
  • Learn about the consequences of failing to pay sales tax in New Jersey
  • Comprehend how to collect New Jersey sales tax

Who needs to collect New Jersey sales tax?

In New Jersey, businesses must collect and remit sales tax if they meet certain criteria. The New Jersey sales tax is imposed on retail sales of tangible personal property and specified services. Here are the key factors that make a business liable for collecting sales tax:

Nexus:

A business must have a nexus in New Jersey to be subject to sales tax. Nexus refers to a physical presence or connection to the state, including physical location, employees, or property.

Retail Sales:

Businesses engaged in retail sales of tangible personal property are generally required to collect sales tax. This includes businesses that sell goods directly to consumers in-store and online.

Specified Services: 

In addition to tangible goods, certain services are also subject to sales tax in New Jersey. This includes services such as telecommunications, digital products, maintenance and repair services, and certain professional services.

Thresholds:

 Businesses may have a threshold that determines their sales tax obligations. In New Jersey, businesses that have made over $100,000 in gross sales or conducted more than 200 separate transactions in the present or previous calendar year should collect and remit sales tax.

New Jersey sales tax rates

New Jersey, known as the Garden State, boasts a diverse economy and vibrant retail sector. Understanding the sales tax rates in this bustling state is crucial for both consumers and businesses. So, let's delve into the world of New Jersey sales taxes.

New Jersey imposes a state sales tax rate of 6.625% for retail purchases. 

However, it's important to note that this rate can vary depending on the specific location within the state. Municipalities and counties may impose additional local sales taxes, leading to variations in the overall sales tax rate. This means shoppers in different New Jersey areas may encounter slightly different tax rates at the checkout counter.

Do you have a Nexus in New Jersey?

Establishing a sales tax nexus in New Jersey is crucial for businesses operating within the state. Nexus refers to a significant connection or presence that triggers a business's obligation to collect and remit sales taxes. Let's explore how nexus is established in the state of New Jersey.

In New Jersey, nexus can be established through various means. One common way is through physical presence. If a business has a physical location such as an office, store, warehouse, or even employees or agents working within the state, it creates a nexus. This physical presence can be permanent or temporary, as even a temporary physical presence like attending trade shows or exhibiting at events, can trigger nexus.

What happens if you fail to collect New Jersey sales tax?

Failing to collect and remit New Jersey sales tax can seriously affect businesses. The state of New Jersey takes tax compliance seriously and has established penalties and interest charges to ensure adherence to sales tax regulations. Let's delve into what happens if you fail to collect New Jersey sales tax and the penalties for late payments.

If a business fails to collect sales tax from its customers, it may be subject to penalties imposed by the New Jersey Division of Taxation. The penalties can change depending on the amount of tax owed and the duration of non-compliance. Generally, the penalties range from 5% to 25% of the tax due. The specific penalty amount is determined based on the severity and frequency of the non-compliance.

In addition to penalties, New Jersey imposes interest charges on late sales tax payments. The state sets the interest rate, which is calculated from the original due date of the tax until the date of payment. Currently, the annual interest rate for late payments is 5%. The interest charges are applied to the outstanding tax liability and accrue until payment.

How to register for sales tax in New Jersey?

Registering for sales tax in New Jersey is an essential step for businesses to comply with the state's tax regulations. The process involves several steps and requires specific documentation. Let's explore the process of registering for sales tax in New Jersey and the necessary documents for registration.

To begin registration, businesses must visit the New Jersey Division of Taxation's website or contact their office directly. The online registration system provides a convenient and efficient way to register for sales tax.

During the registration process, businesses will need to provide the following information:

Business details: 

This includes the legal name of the business, its trade name (if applicable), and the business entity type (e.g., sole proprietorship, partnership, corporation).

Contact information: 

Businesses must provide their mailing address, email address, and telephone number.

Ownership information:

The registration process requires details about the owners or responsible individuals of the business, including their names, addresses, and social security numbers or federal employer identification numbers (FEIN).

Business activity details: 

Businesses need to describe the nature of their business activities, such as their products or services.

Sales information:

 This includes estimated sales volume and expected taxable sales within New Jersey.

How to file sales tax in New Jersey?

Filing sales tax in New Jersey is an essential task that businesses must complete to meet their tax obligations. The process involves reporting sales and remitting the collected sales tax to the New Jersey Division of Taxation. Let's explore the sales tax filing process in New Jersey.

Determine the filing frequency: 

New Jersey businesses are assigned a filing frequency based on their average monthly sales tax liability. The filing frequency can be monthly, quarterly, or annually. Ensuring the correct filing frequency is important to ensure timely and accurate filings.

Calculate sales tax liability:

Businesses need to calculate the total sales made during the filing period and determine the amount of sales tax collected from customers. This is typically done by applying the applicable sales tax rate to the taxable sales.

Prepare sales tax return:

Businesses must complete the sales tax return using the New Jersey Division of Taxation's online filing system or the appropriate paper form. The return requires businesses to provide details of their sales, taxable sales, tax collected, and any other required information.

Remit sales tax payment:

Along with the sales tax return, businesses must remit the sales tax collected during the filing period. This can be done electronically through the New Jersey Division of Taxation's online payment system or by mailing a check or money order with the paper return.

Maintain records:

Businesses must maintain detailed records of their sales, sales tax collected, and sales tax returns. These records should be retained for at least six years and readily available for inspection in case of an audit or inquiry by the New Jersey Division of Taxation.

How to collect New Jersey sales tax?

Collecting sales tax in New Jersey is a fundamental responsibility for businesses selling taxable goods or services within the state. The process involves several steps to ensure the proper collection and remittance of sales tax. Let's explore the process of collecting sales tax in New Jersey.

Determine taxability:

Businesses need to determine which products or services are subject to sales tax in New Jersey. Generally, most retail sales are subject to sales tax, with some specific exemptions for certain items such as groceries, clothing, and prescription medications.

Register for a Sales Tax Certificate of Authority: 

Before collecting sales tax, businesses must register with the New Jersey Division of Taxation and obtain a Sales Tax Certificate of Authority. This can be done through the online registration system or by submitting the appropriate forms.

Calculate sales tax:

Determine the appropriate sales tax rate to apply to taxable sales. The current state sales tax rate in New Jersey is 6.625%, but additional local taxes may apply depending on the location. Businesses should consult the New Jersey Division of Taxation or a tax professional to ensure accurate tax rate calculations.

Display prices inclusive of tax: 

Businesses are required to display prices inclusive of sales tax to customers. This ensures transparency and helps customers understand the total cost of their purchases.

Collect and document sales tax: 

Businesses should collect the appropriate sales tax from customers at the point of sale. This can be done by adding the sales tax amount to the purchase price or as a separate line item. It's important to retain records of sales transactions and the sales tax collected for accurate reporting and remittance.

Remit sales tax:

Businesses must remit the sales tax collected to the New Jersey Division of Taxation based on the assigned filing frequency (monthly, quarterly, or annually). This involves completing the sales tax return and submitting the payment through the appropriate channels.

Maintain accurate records:

Businesses should maintain detailed records of sales transactions, tax collected, and any exemptions or refunds claimed. These records should be retained for at least six years and made available for audit.

New Jersey sales tax deadlines

In New Jersey, the sales tax filing deadlines vary depending on the assigned filing frequency of the business. The average monthly sales tax liability of the business determines the filing frequency. Let's explore the sales tax deadlines for different filing frequencies in New Jersey.

Monthly filing frequency:

Businesses with a higher average monthly sales tax liability are assigned a monthly filing frequency. The sales tax return and payment are due on the 20th of the following month for these businesses. For example, the return and payment for sales made in January are due by February 20th.

Quarterly filing frequency:

Businesses with a moderate sales tax liability are assigned a quarterly filing frequency. The sales tax return and payment are due on the 20th of the month following the end of the quarter. For example, the return and payment for sales made in the first quarter (January to March) are due by April 20th.

Annual filing frequency:

Businesses with a lower sales tax liability are assigned an annual filing frequency. The sales tax return and payment are due on or before January 20th of the following year. This means that the return and payment for sales made throughout the entire year are due by January 20th of the subsequent year.

Conclusion

Filing sales tax in New Jersey is a crucial obligation for businesses within its jurisdiction. Throughout this article, we have explored key points regarding sales tax filing, emphasizing its importance. Let's summarize the key takeaways.

Compliance with tax regulations:

Filing sales tax in New Jersey ensures businesses comply with the state's tax regulations. By meeting their tax obligations, businesses contribute to the functioning of essential public services and infrastructure.

Avoiding penalties and interest charges: 

Timely and accurate sales tax filing helps businesses avoid penalties and interest charges. Failing to file or late filing can result in financial consequences that can impact the business's financial health.

Proper record-keeping: 

Filing sales tax requires businesses to maintain accurate records of sales transactions, sales tax collected, and other relevant information. These records serve as crucial documentation for audits or inquiries by the New Jersey Division of Taxation.

Registering for a Sales Tax Certificate of Authority:

Before collecting sales tax, businesses must register with the New Jersey Division of Taxation and obtain a Sales Tax Certificate of Authority. This official registration allows businesses to collect and remit sales tax legally.

Staying informed:

Businesses must stay informed about the latest sales tax regulations, filing deadlines, and updates or changes. Regularly consulting the official website of the New Jersey Division of Taxation or seeking guidance from tax professionals ensures compliance with the current requirements.

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