N.J. Admin. Code § 18:26-12.9

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

Section 18:26-12.9 - Review and protest

(a) In order to protest an assessment or finding by the Transfer Inheritance Tax Branch, a written protest must be filed within the 90-day period provided by N.J.S.A. 54:49-18. The written protest must be signed by the estate representative, certified to be true, and contain the following information:

1. Whether a hearing or a review is requested;

2. The decedent's name, date of death, Social Security number, and county of residence;

3. The name, address, and telephone number of the estate representative the Branch should contact in connection with the protest;

4. A copy of the assessment or determination subject to the protest;

5. The specific amount of tax or interest under protest;

6. An explanation of the basis for the protest; and

7. The specific facts supporting the basis for the protest and a summary of evidence or documentation to be presented in support of the estate's position.

(b) A submission that does not include the information requested in (a)5 and 6 above will not be considered a valid protest and will not result in a hearing or review. In addition, the submission of an incomplete or invalid protest will not toll or otherwise extend the 90-day period for such protests to the Division of Taxation.

(c) The filing of any valid protest shall stay the right of the Director to collect the tax in any manner provided by law if the estate shall furnish security, within 90 days after the final determination, of the kind and in the amount determined as follows:

1. Security will not be required for amounts in controversy of less than $ 10,000, except in cases of arbitrary assessments under N.J.S.A. 54:49-5 or 7. Security may be required in contested amounts of $ 10,000 or more if it is determined that there is substantial risk that the estate will fail or be unable to pay a liability. In determining whether there is substantial risk of the estate's failure or inability to pay, the Division may consider the following:

i. The taxpayer's record of compliance;

ii. The estate's financial condition; and

iii. Any other information that the Director reasonably believes to be relevant to this determination.

(d) Hearings are scheduled whenever possible by telephone on a mutually acceptable date for both the estate representative and the Branch.

(e) When an application for a refund is made within three years from the date of payment of the tax, the period in which a protest may be submitted is 90 days after a denial of the refund is made.

(f) After the hearing or review of a protest is completed, the Branch will make a final determination confirming, modifying, or vacating the assessment, finding, or denial of a refund request. The estate representative will be notified of the Branch's determination by registered or certified mail. The estate has 90 days after the issuance of the final determination to appeal to the Tax Court.

N.J. Admin. Code § 18:26-12.9

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