N.J. Admin. Code § 18:24-2.16

Current through Register Vol. 56, No. 11, June 3, 2024

Section 18:24-2.16 - Admission records and information; promoter registration

(a) Every person who contracts, agrees to, or otherwise arranges to hold, produce, or sponsor an event, entertainment, or amusement, the admission to which is subject to tax under 54:32B-3(e) of the Sales and Use Tax Act is deemed to be a promoter, and a person required to collect sales tax, and shall, at least 15 business days before commencing business, file with the Division of Revenue and Enterprise Services an application for registration (NJ-REG) for New Jersey sales tax purposes. When registration is granted, it will be for an indefinite period. However, the applicant must notify the Division of Taxation of any change of address, ownership, or business activity.

(b) Every person required to collect sales tax shall collect the tax on receipts from sales of taxable admissions for events, entertainments, or amusements to be held in New Jersey, including exempt organizations described in 54:32B-9 of the Sales and Use Tax Act. If the customer is given a ticket or other evidence of a right to admission which states the price of the admission, there must be a separate statement thereon of the sales tax imposed and collected with respect to the sale of the admission for remittance to the Division of Taxation.

(c) Any person who sells admission tickets or collects admission charges for a promoter is considered the recipient of amusement charges and is also a person required to register and collect and remit sales tax; provided, however, that the sales tax collected may be turned over to and remitted to the Division of Taxation by the promoter for whom the admissions were sold if all the following requirements are met:

1. The ticket sales agent is acting under a written agreement with the promoter which accounts for the sales tax and provides for the tax collected to be remitted by the promoter;

2. The promoter provides the ticket sales agent with a copy of its New Jersey Certificate of Authority;

3. The ticket sales agent has no reason to believe the sales tax will not be remitted by the promoter;

4. The ticket sales agent maintains records showing the promoter's name, address, telephone number, a copy of the promoter's New Jersey Certificate of Authority, the number of tickets sold or admissions granted, gross receipts from admission ticket sales, sales tax collected for New Jersey, and such other information as the Director may specify from time to time; and

5. The Division of Taxation has not instructed the ticket sales agent in writing to remit the tax collected for that promoter directly to the State.

(d) A person who sells admission tickets or collects admission charges for a promoter or who rents or leases space for an event, amusement, or entertainment, the admission to which is subject to tax, shall, upon request, furnish information to the Division of Taxation concerning any such New Jersey events, entertainment, or amusements and their promoters.

N.J. Admin. Code § 18:24-2.16

Amended by 48 N.J.R. 824(a), effective 5/16/2016