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NJ Sales and Use Tax Guide Su4
NJ Sales and Use Tax Guide Su4
NJ Sales and Use Tax Guide Su4
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Bulletin S&U-4
certain clothing and footwear, grooming and hy Prepared food, meals, and beverages;
giene products, and lease transactions. Telephone and electronically communicated
sales;
More information on the Streamlined Sales and
Use Tax Agreement is available online. Sales made from locations outside the county;
Charges for admissions or amusements;
Urban Enterprise Zones Charges for room occupancy.
New Jersey has established Urban Enterprise To qualify for the reduced rate, the sale must be
Zones in a number of economically distressed made in person from a place of business regu
cities in the State. Within these zones, quali larly operated by the seller for the purpose of
fied businesses that have a UZ-2 certificate may making retail sales. In addition, the purchaser
charge Sales Tax at half of the regular rate on must accept delivery at the sellers place of busi
sales of tangible personal property qualified for ness in Salem County, or the seller must deliver
the reduced rate. In order for the qualified UEZ the property to the purchaser from the sellers
seller to offer this reduced rate, the purchaser location in Salem County.
must place the order in person at the sellers
place of business in the zone. In addition, the
purchaser must accept delivery at the sellers Use Tax
place of business within the zone, or the seller Use Tax is due when taxable tangible personal
must deliver the property from its business loca property, specified digital products, or services
tion in the zone, not from another location. are purchased for use in New Jersey but Sales
Tax is not collected, or is collected at a rate less
More information on Urban Enterprise Zones than New Jerseys rate. This commonly hap
and the benefits available to qualified UEZ busi pens when purchases are made online, by phone
nesses is provided on the Divisions website. or mail order, or outside the State. If the items
are delivered to a New Jersey address, the pur
Salem County Reduced Sales Tax chaser must pay Use Tax based on the purchase
Certain sales made by businesses located in price, including any delivery/shipping charges.
Salem County are subject to Sales Tax at half The Use Tax rate is the same as the Sales Tax
of the regular rate. Although there are certain rate, which is 6.875%. (The rate will decrease to
exceptions, the reduced rate applies solely to 6.625% on January 1, 2018.)
retail sales of tangible personal property. The fol
lowing are not eligible for the reduced rate: No Sales Tax Paid. If no Sales Tax is paid on
a taxable item or service, the purchaser owes
Motor vehicles; 6.875% Use Tax to New Jersey.
Alcoholic beverages;
Cigarettes; Example: A New Jersey resident buys a pool
Mail-order, catalog, or internet sales; table for $3,000 plus $50 for shipping from
a company based in another state. The pool
Sales of services (e.g., maintenance and/or
table is delivered to the purchasers home. The
repairs);
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New Jersey Sales Tax Guide
seller does not charge Sales Tax. The purchaser Assistance program (SNAP) are exempt from
owes Use Tax of $209.69 ($3,050 5 .06875 = Sales Tax. Thus, taxable items such as candy and
$209.69). soft drinks are not subject to tax when purchased
with SNAP benefits.
Sales Tax Paid to Another State at a Rate Less
Than New Jerseys Rate. If sales tax is paid to Sales of disposable paper products, such as tow
another state (including sales tax paid to a city, els, napkins, toilet tissue, p aper plates, and paper
county, or other jurisdiction within a state) at a cups, are exempt from Sales Tax when purchased
total rate less than 6.875% on a purchase that for household use. This exemption does not
would have been taxed in New Jersey, the pur apply to the sale of disposable paper products for
chaser owes Use Tax on the difference between industrial, commercial, or other business use.
the two rates. No credit is allowed for sales tax
paid to a foreign country. Food and food ingredients (exempt) means sub
stances, whether in liquid, concentrated, solid,
Example: On a trip to Maine, Judy Chang buys frozen, dried, or dehydrated form, that are sold
an antique desk for her office for $4,000 and for ingestion or chewing by humans and are con
pays Maine sales tax at the rate of 5.5%. The dif sumed for their taste or nutritional value. This
ference, $55 (1.375% of the purchase price), is term does not include tobacco, alcoholic bever
due to New Jersey as Use Tax. ages, candy, or soft drinks.
For more information, see publication ANJ7, Dietary supplements (exempt) are any products
Use Tax in New Jersey. required by the federal government to be labeled
as a dietary supplement, and that are identifi
able by the Supplement Facts box on the la
Grocery, Drug, and bel. Many items that are commonly marketed
Household Items as health supplements, energy bars, or meal
Beginning on page 4 is a list of items com replacement bars do not fall within the defini
monly found in a retail store, with an indication tion of dietary supplements. These items could
of whether the item is taxable (T) or exempt be taxable as candy if they meet the definition
(E) from Sales Tax when sold to an individual below.
consumer.
Candy (taxable) means a preparation of sugar,
Most items of food and drink purchased in a honey, or other natural or artificial sweeteners in
food store (supermarket, grocery store, produce combination with chocolate, fruits, nuts, or other
market, bakery, etc.) are not subject to Sales Tax. ingredients or flavorings in the form of bars,
Some items found on the list may become tax drops, or pieces. Any preparation containing
able if sold as prepared food. See the definition flour or requiring refrigeration is not considered
of prepared food on page 15. For more informa candy.
tion, see the Notice regarding food and food prod
ucts. Food and beverages that can be purchased Soft drinks (taxable) are nonalcoholic beverages
with benefits from the Supplemental Nutrition in liquid form that contain natural or artificial
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sweeteners. Beverages that contain milk or milk For more information, see Technical Bulletin
products; soy, rice, or similar milk substitutes; TB-63(R), Health Care Products: Drugs, Groom-
or more than 50% fruit or vegetable juice are not ing and Hygiene Products, Prosthetic Devices,
considered soft drinks and are not subject to Durable Medical Equipment, and Mobility En-
Sales Tax. hancing Equipment.
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*Tax does not apply to memberships in clubs whose members are predominantly age 18 or under or when
charges are made by qualified exempt organizations or New Jersey State or local government entities.
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Included in rate
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New Jersey Sales Tax Guide
Regular price $ 99.95 the price paid and the reimbursement received
6.875% Sales Tax + 6.87 from the manufacturer or other third party).
Total before discount $106.82
Manufacturers coupon 10.00 For more information, see publication ANJ-9,
Customer pays $ 96.82 Coupons, Discounts & New Jersey Sales Tax.
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selling food that fits within the definition of pre audio work, or digital book. A digital code that
pared food is subject to Sales Tax. provides a purchaser with a right to obtain the
product is treated the same as a specified digi
For more information, see Technical Bulletins tal product. Transferred electronically means
TB-70, Sales of Food and Food Ingredients, obtained by the purchaser by means other than
Candy, Dietary Supplements, and Soft Drinks tangible storage media.
Sold by a Grocery Store, and TB-71, Sales of
Prepared Food by Food Service Providers. The term specified digital product does not
include video programming services, such as
video-on-demand television services; and broad
Newspapers, Magazines, and casting services, including content to provide
Books such services.
The sales of newspapers are exempt from Sales
Receipts from sales of a specified digital product
Tax. Magazines and periodicals sold by sub
that is accessed but not delivered electronically
scription are exempt whether or not they are ac
to the purchaser are exempt from tax. Nor is
cessed by electronic means. Magazines sold as
tax imposed on other types of property that are
single copies are taxable when sold in printed
delivered electronically, such as digital photo
form; however, they are exempt when delivered
graphs, digital magazines, etc.
electronically. Membership periodicals also are
exempt. A membership periodical is any peri For more information, see publication ANJ-27,
odical distributed by a nonprofit organization to Specified Digital Products & New Jersey Sales
its members as a benefit of membership in the Tax.
organization. For more information, see publica
tion ANJ-21, Newspapers, Magazines, Periodi-
cals & New Jersey Sales Tax. Clothing and Footwear
Sales of articles of clothing and footwear for hu
Sales of books, both hardback and softback, man use are exempt from New Jersey Sales Tax.
including sales of the Bible or other sacred scrip This exemption does not apply to fur clothing;
ture, are taxable whether the book is delivered in accessories or equipment; sport or recreational
hard copy or electronically. equipment, or protective equipment. Protective
equipment necessary for the daily work of the
user is exempt from tax.
Specified Digital Products
Receipts from retail sales of specified digital Clothing includes footwear, all inner and outer
products are taxable. Charges for installing, wear, headgear, gloves and mittens, neckwear,
maintaining, servicing, or repairing specified and hosiery normally worn on the human body,
digital products also are subject to Sales Tax. including baby receiving blankets, bunting, dia
pers, diaper inserts, and baby pants. Disposable
Specified digital product means an electronically
undergarments for adults also are exempt.
transferred digital audio-visual work, digital
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New Jersey Sales Tax Guide
Exempt Clothing and Footwear Rubber Gloves (for home or work use)
Aprons (household and shop) Rubber Pants
Arch Supports Safety Clothing (normally worn in
Athletic Supporters hazardous occupations)
Baby Receiving Blankets Sandals
Bathing Caps Saris
Bathing Suits Shoe Insoles (e.g., Dr. Scholls)
Beach Capes and Coats Shoe Laces
Belts and Suspenders Shoes (including safety shoes, sneakers and
Bibs tennis shoes)
Boots Shoulder Pads (for dresses, jackets, etc.)
Bowling Shirts (if suitable for ordinary Ski Masks
street wear) Sleepwear
Coats, Jackets, and Wraps (for either eve Slippers
ning or daytime wear) Socks
Costumes (e.g., Halloween, dance; whether Steel-Toed Shoes
for adults or children) Stockings
Diapers (including disposable, whether for Thermal Underwear
adults or children) Underwear
Djellabas Uniforms (athletic, school, scout, work, etc.)
Dress Shields Wedding Apparel
Dresses (including evening wear) Work Clothes, Work Uniforms
Ear Muffs Yarmulkes, Turbans, and Fezzes
Footlets
Formal Wear Protective Equipment
Garters and Garter Belts Protective equipment means items for human
Girdles wear and designed as protection of the wearer
Gloves and Mittens (for general use) against injury or disease, or as protections
Hand Muffs against damage or injury to other persons or
Hats and Caps property, but not suitable for general use. Protec
Head and Neck Scarves and Bandannas tive equipment necessary for the daily work of
Hosiery and Peds the user is specifically exempt. However, protec
Incontinence Briefs tive equipment such as goggles or helmets worn
Lab Coats for sport or recreational activities is taxable. Ex
Leotards and Tights amples of protective equipment include:
Neckties
Overshoes Breathing Masks
Pantyhose Clean Room Apparel and Equipment
Rainwear Ear and Hearing Protectors
Face Shields
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must register with the State for tax purposes by Each exemption certificate has a specific use.
filing a Business Registration Application, Form The New Jersey seller accepting an exemption
NJ-REG, at least 15 business days before starting certificate must always be registered with New
business or opening an additional place of busi Jersey. The most common certificates are the
ness in this State. Registration e nsures that the Resale Certificate (Form ST3), Exempt Use Cer
business will receive all the forms and informa tificate (Form ST4), and Exempt Organization
tion it needs to comply with New Jersey tax laws. Certificate (Form ST5).
Form NJREG may be filed online through the The seller should accept an exemption certificate
Division of Revenue and Enterprise Services NJ only if it is fully completed. As long as the certif
Business Gateway Services. A Public Records icate is completed by the purchaser and provided
Filing is also required for corporations, limited to the seller, the seller is r elieved of responsibil
liability companies, limited partnerships, and ity for collecting Sales Tax, even if it is later de
limited liability partnerships. More information termined that the purchaser was not eligible for
on Public Records Filing is available in the New the exemption.
Jersey Complete Business Registration Package
(NJREG) or by calling 609-292-9292. Only one exemption certificate is necessary for
additional purchases of the same general type.
Keep a record of each sale covered by a blanket
Collecting Sales Tax certificate. Keep this certificate for at least four
In general, every New J ersey business selling years from the date of the last purchase covered
taxable items or services must c ollect and re by the certificate.
mit New Jersey Sales Tax when sales are com
pleted by delivery to a New Jersey location or SSUTA Exemption Certificate. The Stream
performance of the service in this State. Sales lined Sales and Use Tax Agreement provides
Tax must be separately stated on any sales slip, for simplification and standardization in the ad
invoice, receipt, or other statement of the price ministration of exemptions. There is a uniform
payable. exemption certificate, Streamlined Sales and Use
Tax Agreement Certificate of Exemption (Form
Sales and Use Tax Returns ST-SST), which is accepted by all SSUTA mem
Every business that is on a reporting basis for ber states.
Sales Tax purposes must file Sales Tax returns.
Information on filing requirements and reporting Sales to Government Agencies
methods is available on the Division of Taxa Any New Jersey State agency, political subdivi
tions website. sion of the State of New Jersey, federal agency,
the United Nations, or any other international
Exemption Certificates organization of which the United States is a
New Jersey has exemption certificates that can member is exempt from paying Sales Tax. In
be used to purchase property and services with transactions with government agencies, the ac
out paying Sales Tax under certain conditions. ceptable proof of exemption from Sales Tax is:
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A copy of a government purchase order, offi also are taxable if the property is delivered to the
cial contract, or order on official government customers location in New Jersey, even though
letterhead signed by a qualified officer. When the customer may intend to ship the property out
the amount of the transaction is $150 or less, of state at a later date. However, out-of-state pur
a fully completed Exempt Use Certificate chasers who are registered with New Jersey and
(Form ST4) form can be issued instead; and qualified out-of-state sellers may make tax-
Payment must be made by the agencys check exempt purchases in New Jersey of property and
or voucher or with a GSA SmartPay 2 credit services purchased for resale. For more informa
tion, see publication ANJ10, Out-of-State Sales
card that has 0, 6, 7, 8, or 9 as the sixth digit
& New Jersey Sales Tax.
of the account number (credit card charged to
and paid directly by the federal government).
If payment is made with a GSA SmartPay card Accounting Methods
having a 1, 2, 3, or 4 as the sixth digit, the The accrual method of accounting must be used
transaction is taxable because the card is billed for Sales Tax records. Under the accrual method,
to and paid by the employee. all items of income are included in the gross
receipts when they are earned, although actual
In addition, certain exemptions are granted to
payment may not be received until later.
qualified foreign diplomatic and consular person
nel who reside in the United States. See Techni Example: Frank Smith, owner of Mr. Fs Appli
cal Bulletin TB-53, Diplomat/Consular Sales Tax ance Store, sold a flat-screen television to a cus
Exemptions. tomer in March, but did not actually receive full
payment until May. He must include the amount
For more information, see Tax Topic Bulletin
of the sale in his gross receipts for March and
MISC-3, Tax Treatment of Nonprofit Organiza-
pay the Sales Tax due with his Sales Tax return
tions and Government Entities, and Technical
due April20, even though he did not receive
Bulletin TB53.
payment until May.
Out-of-State Sales
If taxable items are sold and delivered to the pur
Keeping Records
New Jersey retailers are required to keep records
chaser out of State, New Jersey Sales Tax should
and file New Jersey Sales and Use Tax returns.
not be collected. If the property is shipped out of
In addition, records must be kept for Income Tax
state to a recipient other than the purchaser (e.g.,
and, depending on the nature of the business,
in a gift transaction), the sale also is not subject
other taxes as well. Maintaining good records
to New Jersey Sales Tax. The seller must keep a
will ensure the accuracy of tax returns and will
record showing both the out-of-State destination
protect the business in the event of an audit or
and the method of delivery to that location, such
investigation by the State.
as parcel post receipts, bills of lading, etc.
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Prepares a written general ledger with source Cape May County Tourism Sales Tax
references to coincide with financial reports Certain businesses in Cape May County must
for the tax reporting periods. collect a 2% Tourism Sales Tax on predominantly
tourism-related retail sales in addition to the
Keep records such as punched cards, magnetic State Sales Tax. At present, businesses in Wild
tapes, and disks for at least four years. wood, Wildwood Crest, and North Wildwood
A description of the business system must be are required to collect the Tourism Sales Tax.
available and include: Tourism-related sales include the following (if
also taxable under the Sales and Use Tax Act):
The application being performed;
Hotel, motel, or boarding house lodging;
The procedures employed (flow charts, dia
grams, etc.); and Food and drink sold by restaurants, taverns,
and other similar establishments for con
The controls used to ensure accuracy. sumption on or off the premises (including
mobile sellers and other sellers of prepared
Document important changes in the system and
food), or by caterers (but not including vend
their effective dates.
ing machine sales); and
Admission charges to any place of amuse
Other Taxes and Fees ment, including charges for admission to rides,
Atlantic City Luxury Sales Tax sporting events and exhibitions, dramatic or
The Atlantic City Luxury Tax is imposed on cer musical arts performances, movie theaters,
tain rentals, sales, and services within Atlantic and cover charges to nightclubs and cabarets.
City. The Luxury Tax rate is 9% with the excep In addition to the Tourism Sales Tax, the rent for
tion of alcoholic beverages sold by the drink, every occupancy of a room in a hotel, motel, or
which are subject to a rate of 3%. If the item is similar facility that is subject to the New J ersey
subject to both taxes, the State Sales Tax rate is Sales Tax also is subject to a Tourism Assess
reduced to the extent that the city rate exceeds ment of 1.85% and a State Occupancy Fee of
6%, and the maximum combined Atlantic City 3.15%. (See Hotel/Motel Occupancy Fee and
rate and New Jersey rate cannot exceed 12.875% Municipal Occupancy Tax below.)
(Effective January 1, 2018, the maximum will
be 12.625%). In addition, certain room rentals
in Atlantic City are subject to a 1% State Occu Hotel/Motel Occupancy Fee
pancy Fee. (See Hotel/Motel Occupancy Fee and and Municipal Occupancy Tax
Municipal Occupancy Tax below.) For more in An Occupancy Fee of 5% is imposed on the rent
formation, see publication ANJ17, Atlantic City: for every occupancy of a room in a hotel, motel,
Luxury Tax, New Jersey Sales Tax & Other Fees. or similar facility in most New Jersey municipal
ities. The fee is imposed at a lower rate in certain
municipalities: 3.15% in Wildwood, Wildwood
Crest, and North Wildwood; 1% in Newark,
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New Jersey Sales Tax Guide
J ersey City, and Atlantic City. The fee applies to Motor Vehicle Tire Fee
room rentals that are subject to New Jersey Sales A fee of $1.50 is imposed on the sale of new
Tax and is in addition to the Sales Tax. tires, including new tires that are component
parts of a new or used motor vehicle that is e ither
A Municipal Occupancy Tax of up to 3% may sold or leased, if the transaction is subject to
also be imposed by any New Jersey municipality New Jersey Sales Tax. The $1.50 fee is imposed
(other than Newark, J ersey City, Atlantic City, per tire, including the spare tire sold as part of a
Wildwood, Wildwood Crest, and North Wild motor vehicle, and also applies to sales of new
wood) that adopts an ordinance assessing the tax tires in connection with a repair or maintenance
on occupancies in that municipality. service. It does not a pply to the sale of recapped
For more information, see Tax Topic Bulletin tires. The tire fee must be collected from the pur
S&U-13, Hotel Occupancies and New Jersey chaser by the retail seller and, in general, must
Taxes. be separately stated on any bill, invoice, receipt,
or similar document.
Meadowlands Regional Hotel Use
Assessment Tobacco Products
A Meadowlands Regional Hotel Use Assess Wholesale Sales and Use Tax
ment of 3% is imposed on the rent for every oc The Tobacco Products Wholesale Sales and Use
cupancy of a room in a hotel, motel or similar Tax is imposed on the sale, use, or distribution of
facility in the Meadowlands District, including tobacco products, other than cigarettes. The tax
any hotels located on State-owned land. The as paid by the distributor or wholesaler is calculated
sessment applies to room rentals that are subject on the amount paid by the distributor or whole
to New Jersey Sales Tax and is in addition to the saler to buy the products from the manufacturer.
Sales Tax and any other taxes or fees. For more Cigarettes are exempt from this tax.
information, see Tax Topic Bulletin S&U-13, Ho-
tel Occupancies and New Jersey Taxes.
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In Person
Visit a New Jersey Division of Taxation Regional
Information Center. For the address of the center
nearest you, call the Automated Tax Information
System at 1-800-323-4400 or visit:
www.state.nj.us/treasury/taxation/ot1.shtml
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