N.J. Admin. Code § 18:26-10.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 18:26-10.10 - Time and manner of making application for refund

(a) All applications for a refund are to be made within three years from the date of payment or from the date of any final determination of a court of competent jurisdiction that establishes the fact that the decedent had no legal or equitable interest in the property on which the tax was assessed, whichever is later, but in no event shall a refund be made where such final determination occurs more than 20 years after the date of decedent's death.

(b) Such application is to be made by means of an affidavit, setting forth in detail all of the facts upon which the claim for refund is based, including a copy of a Court Order, if a court of competent jurisdiction has made a final determination upon which the refund is based, signed by the executor, administrator, trustee, heir-at-law, or surviving joint tenant and filed directly with the Transfer Inheritance Tax Branch, PO Box 249, Trenton, NJ 08695-0249.

(c) The date of payment is defined as the date the payment is actually received by the Division. It is not the date on which the tax return is filed, the date the Notice of Assessment is issued, or the date on which the audit is completed and/or the file closed.

(d) Protective refund claims based on reasonably anticipated events may be filed within the time periods set forth in (a) above.

1. The refund claim must be made on the Transfer Inheritance and Estate Tax Protective Claim for Refund form. The form must be fully completed and set forth the estimated refund amount and the basis for the claim.

2. The Director must be notified in writing of the actual refund claimed within 90 days after occurrence of the anticipated event.

3. For the purpose of determining the interest, if any, payable on a protective refund claim, the refund claim is deemed to have been made on the date that the Director is notified of the occurrence of the anticipated event.

N.J. Admin. Code § 18:26-10.10

Adopted by 50 N.J.R. 1624(a), effective 7/16/2018