For businesses to operate in the State of New Jersey, registration is necessary. All domestic and foreign business entities and individuals doing business in New Jersey, including individuals who make occasional sales, must register with the New Jersey Department of Taxation’s Division of Revenue & Enterprise Services (DORES) for state taxes and employer purposes. All corporations, limited liability companies (LLCs), and limited partnerships (LP) must complete the Form NJ-REG online or on paper in order to be registered. Depending on the type of business structure, business entities or individuals may be required to submit the following when filing the Form NJ-REG: (i) New Jersey Business Entity ID; (ii) Federal EIN; (iii) NAICS code; (iv)sales tax collection information; (v) anticipated first payroll withholding date for employees; (vi); mailing address; and (vii) business location(s). A New Jersey Business Entity ID and Federal EIN are required for the registration of all corporations, LLCs, and limited partnerships. Either an SSN or EIN must be provided when registering a partnership or sole proprietorship. Upon completion of the Form NJ-REG, a New Jersey Tax ID, and a Certificate of Authorization to Collect Sales Tax will be given if you are collecting sales tax. It is important to note that failing to file the Form NJ-REG may result in penalties and fees on taxes owing to the State of New Jersey.
The registration process may differ depending on whether you are an individual or not. Individuals or unincorporated construction contractors without employer or business tax liabilities may register using Form Reg-A rather than the typical Form NJ-REG. Form REG-A cannot be used by individuals who have established and are conducting business as an entity (such as an LLC).
Furthermore, foreign entities conducting business in New Jersey have an obligation to register. A business entity is regarded as “foreign” when operating outside of its state of formation or incorporation and may be required to obtain qualification or registration to transact business in another state. In New Jersey, a foreign entity must submit with DORES both its public records filing to obtain certificate of authority and a business registration application for tax and employment purposes. A business registration application must be submitted to DORES within 60 days of filing the public records filing or at least 15 days before doing business if the entity will collect sales tax. Without qualification, a foreign business entity may not maintain any action or proceeding in a New Jersey court. Foreign LLCs are subject to fine of $200 for each full or partial year as a consequence of doing business without authority, whereas foreign corporations and LPs can be subject to penalties ranging from $200 to $1,000.
In addition to registration by submitting the Form NJ-REG, every domestic and foreign business entity in New Jersey must file an Annual Report. This filing requirement is to ensure that the registered agent and the address are updated each year. The Annual Report can be filed online through New Jersey Department of the Treasury’s website by submitting a $75 filing fee. The Annual Report is due on the last day of the entity’s anniversary month. The revocation of the business license may occur when this requirement is not met.
Onal Gallant & Partners PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice on a large variety of subjects ranging from forming a corporation and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant and Partners are ready to help and respond to all of your inquiries.
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