Latest news on NJ Partnership filing rules
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Latest news on NJ Partnership filing rules The State of NJ has issued a document summarizing all of the changes as they apply to NJ partnerships. It can be found here: www.state.nj.us/treasury/taxation/archived/partnotice.htm Among the important issues which have NOT been discussed to death already: 1) All partnerships which are not Qualified Investment Partnerships (QIP) must withhold and remit tax on behalf of nonresident partners. (this is in addition to the $150/partner filing fee). A QIP is a partnership with more than 10 partners; no member having more than a 50% interest; deriving 90% of income from investment income: and not having a "dealer in securities" (as defined by IRC Section 1236) included. 2) However, partnerships which qualify as "Hedge Funds" do not have to withhold or remit tax estimates for nonresident partners. See the instructions for Form 1065-NJ to determine whether your club qualifies as a hedge fund (most should). It is EXTREMELY important that the correct checkboxes be marked at the top of Form 1065 NJ. For investment clubs these will include one or more of the following: "Qualified Investment Partnership", "Hedge Fund" and "Investment Club". Failure to do so could lead to the state demanding the filing fee or tax payments. |
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