N.J. Admin. Code § 18:2-5.7

Current through Register Vol. 56, No. 17, September 3, 2024

Section 18:2-5.7 - Extension of time; sales and use tax exception

(a) If a taxpayer and the Division sign an agreement to extend the time during which an assessment can be made, the taxpayer's refund application period is automatically extended until the last date by which the parties agree that any assessment of New Jersey taxes must be made. The refund application period only applies to the particular taxes and periods expressly included in the extension agreement. A taxpayer's opportunity to apply for a refund under such an agreement is extended to and includes the last date by which the parties agree that any assessment of New Jersey taxes must be made. An extension agreement will not revive refund application rights that expired prior to the agreement's execution. For example, if the Division makes an assessment by the last date permitted under the agreement, but the taxpayer does not make an otherwise appropriate refund claim prior to the last permissible date for making an assessment under the agreement, the taxpayer has 90 days to protest the assessment only under 54:49-18.a. Under 54:49-18.a, a taxpayer has 90 days to protest any refund claim rejected pursuant to 54:49-15.

(b) Pursuant to 54:32B-27(c) of the Sales and Use Tax Act, sales or use tax refund claims may be filed up to six months after the last date by which the parties agree that any assessment of sales or use tax may be made. The refund application period only applies to sales or use tax overpayments made during periods expressly included in the extension agreement.

Amended by 47 N.J.R. 3150(a), effective 12/21/2015