N.J. Admin. Code § 18:26-12.2

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

Section 18:26-12.2 - Administration of transfer inheritance tax and New Jersey estate tax

(a) The Act is administered by the Director through the Transfer Inheritance Tax Branch of the Division of Taxation in the Department of the Treasury.

1. No transfer inheritance tax report on the estate of a resident decedent will be accepted nor any administrative matter communicated with regard to the estate matters of a resident decedent unless such estate is represented by:

i. An attorney at law of the State of New Jersey;

ii. The personal representative of an estate;

iii. An heir-at-law, next-of-kin, grantee, transferee, legatee, beneficiary, or devisee of the decedent;

iv. A certified public accountant of the State of New Jersey, provided such accountant is designated for such purpose, in writing, by any of the persons enumerated in (a)ii or iii above, subject to the condition that the client be notified, in writing, before the certified public accountant commences work on the return, that review of the return by a qualified attorney may be desirable because of the possible application of legal principles to the preparation of the tax return. A copy of the properly executed notification must be filed with the transfer inheritance tax return; or

v. An IRS enrolled agent, provided such enrolled agent is designated for such purpose, in writing, by any of the persons enumerated in (a)ii or iii above subject to the condition that the client be notified, in writing, before the enrolled agent commences work on the return, that review of the return by a qualified attorney may be desirable because of the possible application of legal principles to the preparation of the tax return. A copy of the properly executed notification must be filed with the transfer inheritance tax return.

2. Nothing in this section is intended to preclude the discussion of accounting problems that may arise in the course of an audit of a New Jersey transfer inheritance tax report, with a certified public accountant, or IRS enrolled agent, provided, such accountant or IRS enrolled agent is designated for such purpose, in writing, by any of the persons enumerated in (a)1 above. Under no circumstances may a CPA or IRS enrolled agent enter into discussions regarding any question of law;

3. The provision of this section may be waived by the Director where, in his or her discretion, the strict adherence thereto would jeopardize the collection of any tax due or the closing of a transfer inheritance tax proceeding.

4. An IRS enrolled agent is a practitioner licensed by the United States Internal Revenue Service to represent taxpayers before that agency.

N.J. Admin. Code § 18:26-12.2

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