N.J. Admin. Code § 18:35-10.11

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

Section 18:35-10.11 - Priorities in claims to setoff

(a) Priority in multiple claims to refunds or rebates allowed to be setoff under the provisions of this subchapter shall be based upon the time at which debtor files are received by the Division from the claimant agencies in descending order or priority, the earliest being first.

(b) Notwithstanding the general rule for priority set forth in (a) above, the priorities for setoff are as follows:

1. With respect to homestead credits or rebates:

i. A local property tax deficiency;

ii. Unpaid child support;

iii. A State tax deficiency;

iv. IRS or State agencies, by date of levy;

v. Judgment lien holders (State agencies and IRS) in order of recording; and

vi. Any State agency's outstanding claims that are not a judgment, by date of claim.

2. With respect to gross income tax refunds:

i. Unpaid child support;

ii. A State tax deficiency;

iii. IRS or State agencies, by date of levy;

iv. Judgment lien holders (State agencies and IRS) in order of recording; and

v. Any State agency's outstanding claims that are not a judgment, by date of claim.

N.J. Admin. Code § 18:35-10.11

Amended by 48 N.J.R. 295(a), effective 2/16/2016