N.J. Admin. Code § 18:35-9.1

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

Section 18:35-9.1 - Negligence and fraud penalties

(a) If any part of a deficiency is due to the taxpayer's negligence or an intentional disregard of any provision of the Gross Income Tax Act (54A:1-1 et seq.) or the rules applicable thereto, there shall be added to the tax, penalties and interest as provided for in the State Tax Uniform Procedure Law, 54:48-1 et seq., plus an amount equal to 10 percent of the deficiency, if there was no intent to defraud.

(b) If a deficiency is assessed against a taxpayer and it is determined that any part of such assessment is due to civil fraud, there shall be added to the tax an amount equal to 50 percent of the assessment. This addition to the tax shall be in lieu of any other additions to the tax imposed for late filing and nonpayment of special assessment as provided for in 54:49-9.

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