N.J. Admin. Code § 18:2-3.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 18:2-3.9 - Failure to comply

(a) If a taxpayer is required to remit a tax payment by EFT and the taxpayer pays (with sufficient funds) by check, draft or similar instrument, payment shall be deemed to have been made on the third business day after the date the Director receives the check, draft or similar paper instrument.

Example 1: Funds represented by a check on a bank seized by bank regulators are considered received when honored, rather than tendered, even though there were sufficient funds at the time of tender.

Example 2: A check drawn on sufficient funds is considered received when honored, rather than tendered, if honoring the check is delayed due to computer failure (other than a failure of the Division's computers).

(b) The Director will not consider any claim or assertion by a taxpayer that its check, draft or other instrument cleared prior to the date it was deemed to have been paid under (a) above.

N.J. Admin. Code § 18:2-3.9

Amended by R.1994 d.305, effective 6/20/1994.
See: 26 New Jersey Register 1612(a), 26 New Jersey Register 2591(a).