Instructions for Form 304
New Jobs Investment Tax Credit
The New Jobs Investment Tax Credit is available for investment in new or expanded business facilities that create new jobs in New Jersey.
Investments that qualify for this tax credit must be placed in service or use during tax years beginning after July 7, 1993. The investment
must create at least 5 new jobs (50 new jobs for large businesses) with a median annual compensation of the threshold amount estab-
lished for the particular tax year. Also, to claim this tax credit, the average book value of all real and tangible personal property in New Jer-
sey must have increased over the prior year.
TheNewJobsInvestmentTaxCreditistakeninveequalannualinstallments.Theannualcreditcannotexceed50%ofthatportionofthe
CorporationBusinessTaxliabilitythatisattributabletoandthedirectresultofthetaxpayer’squaliedinvestmentandcannotreducethe
tax liability below the statutory minimum. Although there is no carryover provision for this tax credit, the amount of the unused annual credit
may be refunded to the taxpayer subject to certain limitations.
PartsIIIandIVareusedtocalculatetheallowablecreditandcarryover.TaxpayerslingFormsCBT-100orCBT-100ScompletePartIII
andCBT-100UlerscompletePartIV.
Taxpayers must include the appropriate credit form in the year the credit was earned even if they are not claiming the credit on
their tax return.
Denitions
Expanded Business Facility means any business facility, other
than a new business facility, resulting from acquisition, construc-
tion, reconstruction, installation, or erection of improvements or
additions to existing property if such improvements or additions are
purchased during tax years beginning after July 7, 1993, but only
totheextentofataxpayer’squaliedinvestmentinsuchimprove-
ments or additions.
New Business Facilitymeansabusinessfacilitythat:
a) Is employed by a taxpayer in the conduct of a business that is
subject to the New Jersey Corporation Business Tax Act, N.J.S.A.
54:10A-1etseq.Abusinessfacilitydoesnotqualifyifthetaxpay-
er’s only activity with respect to such facility is to lease it to another
person;
b) Is purchased and placed in service or use during tax years be-
ginningafterJuly7,1993;
c)Wasnotpurchasedbyataxpayerfromarelatedperson;
d) Was not in service or use during the 90-day period immediately
prior to transfer of the title to the facility.
New EmployeemeansaNewJerseyresident,hiredtollareg-
ular,permanentpositionthatdidnotexistpriortothequalied
investment,andwouldnotexistbutforthequaliedinvestment.
The employee must be unrelated to the taxpayer and must not
have been in its employ during the six months prior to the date that
thequaliedinvestmentisplacedinserviceoruse.Temporaryor
seasonal employees are not considered new employees for the
purposes of this tax credit. The position held by the employee may
be full time or part time. Full time means employment for at least
140 hours per month at a wage not less than the State or federal
minimum wage. Part time means customarily performing such du-
ties at least 20 hours per week for at least six months during the
tax year. The hours of part-time employees shall be aggregated to
determine the number of full-time equivalent jobs for the purposes
of determining the number of eligible new jobs to be used in the
computation of the new jobs factor. The taxpayer cannot claim a
credit for the number of new employees that exceeds either the
increase in the taxpayer’s average employment in New Jersey for
the tax year, or one-half of the taxpayer’s average employment in
New Jersey for the tax year. Also, individuals included in the deter-
mination of the Urban Enterprise Zone Employees Tax Credit or the
Redevelopment Authority Project Tax Credit must be excluded in
the determination of this tax credit.
Qualied Investments are those real and tangible personal prop-
erty investments purchased for business relocation or expansion in
New Jersey. Such investments include only:
1. Improvements to real property placed in service or use during
taxyearsbeginningafterJuly7,1993;
2. Tangible personal property with respect to which depreciation
witharecoveryperiodofthreeormoreyearsisallowable;
3. Tangible personal property moved by the taxpayer into New
Jersey provided that the property has a remaining recovery
period of three or more years.
Examplesofqualiedinvestmentsmay not include:
1. Property with respect to which the taxpayer’s only activity is to
leaseittoanotherperson;
2. Repair costs, including materials used in the repair, unless for
federal income tax purposes, the cost of the repair must be
capitalizedandnotexpensed;
3.Airplanes;
4.PropertyprimarilyusedoutsideNewJersey;
5. Property that is acquired incident to the purchase of the stock
orassetsoftheseller;
6. Property for which the cost or consideration cannot be quanti-
edwithanyreasonabledegreeofaccuracyatthetimesuch
property is placed in service or use.
Small or Mid-Sized Business Taxpayer means a taxpayer
that has the following annual payroll and annual gross receipts
amounts:
Tax Year
Beginning In
Payroll Gross Receipts
2018 $6,899,800 or less $13,799,850 or less
2019 $7,060,400 or less $14,121,100 or less
2020 $7,166,600 or less $14,333,500 or less
2021 $7,277,800 or less $14,555,900 or less
2022 $7,709,850 or less $15,420,050 or less
2023 $8,363,550 or less $16,727,550 or less