An Unconstitutional Alternative Tax On Companies In NJ

Law360, New York (June 7, 2017, 12:16 PM EDT) -- During the spring of 2017, we noticed a significant uptick in the New Jersey Division of Taxation’s audit activity for companies with P.L. 86-272 protection. Within just a few weeks, several P.L. 86-272-protected companies received 30-day notices or notices of deficiency asserting that, even though the companies are protected from a net income tax, they must pay the alternative minimum assessment (AMA) component of the Corporation Business Tax (CBT).

The AMA itself is capped at $5 million per year, but in many of the notices we have seen, the proposed liability is $50,000–$100,000 per year (plus penalties!). As described below, New...

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