Fill and Sign the New Jersey Business Registration Form

New Jersey Business Registration Forms and Information Package No matter what type of business you are forming in New Jersey, be it a sole proprietorship, a business corporation, a non profit corporation, an LLC, or another type of business (there are several), you must register your business using the forms contained in the following package, which we will refer to as the “NJBRFI package,” short for “New Jersey Business Registration Forms and Information.” The instructions beginning on the next page must be carefully followed. Summary instructions follow on this page in order to give you an idea of what to expect. The instructions in the actual package itself, however, supercede these summary instruc tions, and you must follow them carefully. One or more individuals must be a ssigned responsibility to complete and file the required forms from the NJBRFI package. The required forms include: 1. NJ-REG : This form is comprised of pages 17-19 of the NJBRFI package. Instructions for completing NJ-REG begin on page 6 of the NJBRFI package and continue through page 16 (there are no “supplied envelopes” mentioned on page 8). Follow these instructions to complete and file this form. The form is “fillable,” meaning you can use your computer to type directly into the form, then print th e finished copy. Don’t forget to sign where appropriate. 2. Public Records Filing For New Business Entity : This form is comprised of pages 23-24 of the NJBRFI package. Instructions for comp leting this form begin on page 20 of the NJBRFI package and continue through page 22. Follow these instructions to complete and file this form. The form is “fillable,” mean ing you can use your computer to type directly into the form, then print the finished c opy. Don’t forget to sign where appropriate. 3. New Hire Reporting Form : This form is comprised of pa ge 29-30 of the NJBRFI package. You may make additional copies of these pages as needed in order to report all hires. The NJBRFI package states (page 1) that if you are registering for the first time, you are required to complete this form. Instructions for the New Hire Reporting Form are on page 27-28. If you have questions concerning this form, call the help line at 1-877-NJ-HIRES. 4. Application for Federal Em ployer Identification Number : All businesses with employees must have a FEIN. This form is not included in the NJBRFI package. Download, complete and file your application. Th e SS-4 application form can be downloaded from either of these sights: http://www.uslegalforms.com/incorporation/irs (click on: IRS-SS-4.pdf) http://www.irs.gov/pub/irs-fill/fss4.pdf Click the link or copy and paste into your internet browser’s address window. 5. Other included forms: These forms ar e not required. They are included for your convenience in case you need them, or for other business types altogether. Instructions for each form are included. The NJBRFI package begins on the next page. Follow th e instructions and call the help line if needed. TABLE OF CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Cover Taxes of the State of New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Instructions for NJ-REG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Business Registration Form (NJ-REG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Instructions for Business Entity Public Record Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Registration of Alternate Name Form (C-150) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 New Hire Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Request for Change of Registration Information (REG-C-L) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Business Entity Amendment Filing (REG-C-EA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 New Jersey S Corporation & QSSS Election Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Request for Cigarette/Motor Fuel License Application (REG-L) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 (For Wholesaler, Distributor & Manufacturer Cigarette Licenses and Wholesaler, Distributor, Import, Export, Seller/User, Jobber and Storage Facility Operator Motor Fuel Licenses) Cigarette/Motor Fuels License Application (CM-100) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 (Cigarette Retail, Vending & Manufacturer Licenses and Motor Fuel Retail Dealers & Transport Licenses). REGISTRATION FORMS AND INFORMATION This packet contains information and forms you will need to register your business with the State of New Jersey,Division of Revenue. By completing and filing a NJ-REG with the Division of Revenue, a business will beregistered for applicable taxes and related liabilities that are administered by the Department of Labor and Division of Taxation, as well as those of the Secretary of State. Businesses must submit to the Division ofRevenue the Business Registration Form (NJ-REG) and if applicable, the appropriate public information form that is part of the NJ-REG. After registering, businesses will receive the forms, returns, instructions and other information required for on-going compliance with New Jersey State taxes. If you are registering for the first time,you are also required to complete the new hire form (page 29). Applicants who are registering as Sole Proprietors or Partnerships must file pages 17-19 of the NJ-REG. Applicants who are registering a new business entity (Corporation, Limited Liability Company, Limited Partnership, or a Limited Liability Partnership), and who have already filed a new business certificate with our Commercial Recording/Corporate File Unit, need only complete pages 17-19. There is no need to complete pages 23and 24 of the package if you have successfully filed with Commercial Recording. Applicants who areregistering as a new Business Entity (Corporations, Limited Liability Company, Limited Partnership or a Limited Liability Partnership) must complete the Public Records Filing for New Business Entity (pages 23 and 24) of the NJ-REG in addition to pages 17-19. Please note that the Public Records Filing (pages 23 and 24) may be submitted prior to the completion of pages 17-19 of the NJ-REG to establish the Business Entity, but the remainder of NJ-REG (pages 17-19) must be submitted within 60 days of filing the new business entity. Sales Tax? If you will be collecting Sales Tax, you must submit your NJ-REG (pages 17-19) at least ten days prior to the date of your first sale, remitting use tax, or using NJ exemption certificates. You will receive a Certificate of Authority for sales tax indicating the 12-digit identification number assigned to your business. Federal Identification Number? All corporations and businesses with employees must have a Federal Employer Identification Number (FEIN). Contact the Internal Revenue Service at 1-800-829-1040. Questions? Please contact Client Registration at (609) 292-1730 if you have questions regarding the filing of the Business Registration form on pages 17-19. Please call (609) 292-9292 for questions regarding the completion of the Public Records Filing for New Business Entity form (pages 23 and 24). - 1 - TAXES OF THE STATE OF NEW JERSEY The following outline provides basic information regarding taxes imposed by the State of New Jersey and administered by the Division of Taxation and the Division of Revenue REG-3 (7-98) NEW JERSEY GROSS INCOME TAX (N.J.S.A. 54:A:1-1 et seq.) Personal income tax is imposed on the New Jersey taxable income of resident and nonresident individuals, estates and trusts for taxable years ending on or after July 1, 1976. Residents are subject to tax on all income, regardless of where it was earned, while nonresidents are only subject to tax on income derived from sources within New Jersey. The withholding requirements apply to every New Jersey employer making payment of taxable wages. For New Jersey Gross Income Taxpurposes, the term “employer” includes organizations that may be exempt from Federal income tax or New Jersey Corporation Business Tax, such as religious organizations and governmental agencies. Generally, anything regarded as “wages” for Federal withholding purposes is subject to withholding for the New Jersey Income Tax. Every taxpayer is required to file a quarterly return of tax withheld (NJ-927) for each calendar quarter. Some taxpayers are also required to file a monthly remittance (NJ-500). Taxpayers classified as “weekly payers” must remit payment of withholdings by means of Electronic Funds Transfer (EFT) on the Wednesday of the week following the week in which the taxes were withheld. Taxpayers not classified as weekly payers must remit the tax withheld with their withholding return either monthly or quarterly, depending on the amount of withholding liability. RECIPROCAL AGREEMENT (NJ & PA Residents Only) Under the Reciprocal Tax Agreement, the compensation derived by residents of either state (New Jersey or Pennsylvania) will be subject to income tax only in the state of residence including compensation income derived from sources within the other state. Compensation that is limited to the provisions of the Reciprocal Agreement means salaries, wages, tips, fees, commissions, bonuses andother remuneration received for services rendered. Businesses or professional income earned by a resident of either state is not covered by the Reciprocal Agreement and is subject to the income tax of the state in whichit is earned. UNEMPLOYMENT & DISABILITY TAXES - If you are employing, or expect to employ, one or more persons, you shouldnotify the Division of Revenue so that a determination can be made as to whether or not you are subject to the law. Under the law (N.J.S.A 43:21-19(h1) et seq.) it is your responsibility to make the fact known. Determination of Liability - If you start a business and employ one or more individuals and pay wages of $1,000 or more in a calendar year, you may be subject to the law. If you acquire the organization, trade or business, or substantially all the assets of an employing unit which is already subject to the law, you immediately become a subject employer. If you are subject to the provisions of the Federal Unemployment Tax Act (FUTA) you automatically become subject under the law, unless the services performed are specifically excluded under the New Jersey law. An employing unit is generally subject to FUTA if it had covered employment during some portion of a day in 20 different calendar weeks within thecalendar year or had a quarterly payroll of $1,500 or more. Note: Agricultural Employers - You are liable for contributions on wages paid to agricultural employees if: 1. You were already a registered employer, or 2. Not registered, you were or became subject to the Law, having paid wages of $1,000 or more in a calendar year to one or more workers for services performed in a non-agricultural business operation, or 3. You acquired the organization, trade or business, or substantially all the assets of an employing unit already subject to the law, or 4. You are subject to the Federal Unemployment Tax Act, or 5. Not subject under the above provisions, you: a. Paid gross cash remuneration of $20,000 or more to individuals employed in agricultural labor during any calendar quarter, or b. Employed ten or more individuals in agricultural labor, regardless of whether they were employed at the same moment of time, for some portion of a day in each of 20 different calendar weeks,whether or not such weeks were consecutive. Special Employers - Under certain circumstances, a crew leader who provides a crew to an agricultural employer, can be considered the employer of the crew for unemployment tax purposes. The agreement between the crew leader and entity must comply with all Federal and State regulationsand the crew leader must be registered under the New Jersey Crew Leader Registration Act. For further information contact any Regional Office. Domestic Employers - In order for you to become subject to the law, you must have paid gross cash wages of at least $1,000 to domestic labor in a calendar quarter. The State of New Jersey and its political subdivisions are subject to the law. SET OFF OF INDIVIDUAL LIABILITY (N.J.S.A. 54A:9-7 et seq.) Public Laws of 1981, Chapter 239, provides the authority for the New Jersey Department of Treasury to apply or cause to be applied any monies due a taxpayer as a Gross Income Tax refund or Homestead Property Tax Rebate, or both, if necessary, toward satisfaction of any indebtedness that the taxpayer may have outstanding to any agency or institution of the New Jersey State Government or the Federal Internal Revenue Service. CORPORATION INCOME TAX (N.J.S.A. 54:10E-1et seq.) Corporations deriving income from New Jersey sources which are not subject to the Corporation Business Tax Act are subject to the Corporation Income Tax Act. Income derived from sources within New Jersey, as applied to entire net income, shall mean income and gain from all property, from compensation for all services and from all business, trade, profession or occupation carried on in New Jersey. Also included is income derived from tangible or intangible property located in or having a situs in New Jersey. Every corporation subject to the tax must file a return CIT-1 on or before the fifteenth day of the fourth month following the close of its fiscal accounting year. CORPORATION BUSINESS TAX (N.J.S.A.. 54:10A-1 et seq.) The Corporation Business Tax Act imposes a franchise tax for the privilege of having or exercising a corporate charter, or doing business, employing or owning capital or property or maintaining an office in New Jersey. The tax also applies to foreign corporations falling into one of thefollowing categories: