N.J.A.C. 18:7-21.6 - Methods for Filing Combined Returns, Assessments, Making Payments, Requests for a Refund

(a) Installment payments, estimated payments, overpayments, refunds, and any other filing or payment matters related to combined groups filing combined returns shall be based on the same rules as apply generally at N.J.A.C. 18:7-11.1 through 13.13, except as follows:

1. Deficiency assessments for the combined group shall be assessed against either the managerial member or a taxable member of the combined group, where applicable;

2. Refunds or credits for any overpayment will be submitted to either the managerial member or a taxable member of the combined group as indicated on the return;

3. All payments by the combined group shall be made by electronic funds transfer;

4. All combined returns shall be filed electronically;

5. All safe harbor provisions for installment payments and estimated tax payments shall apply in aggregate by the number of members of the combined group;

6. Unless a member ceases to be a member of the combined group during the group privilege period, the member shall not otherwise be required to file a separate return; and

7. A member with activities that are not part of the unitary business of the combined group, and for which the member independently conducts business in New Jersey, shall not file a separate return to report said portion, and instead shall complete Schedule X and include that portion of the member's taxable net income as part of the member's total taxable net income on the New Jersey combined return.

(b) Members of a combined group are jointly and severally liable.