New Jersey LLC Tax Filing: Forms & Deadlines (2026)

Q: How is a New Jersey LLC taxed?

By federal default, a single-member LLC is a disregarded entity and a multi-member LLC is a partnership, so profits pass through to the members' returns. New Jersey follows that classification for its Gross Income Tax. There is no flat LLC franchise tax, but a multi-member LLC files Form NJ-1065 and may owe a $150-per-owner partnership filing fee.

Q: Does New Jersey have an LLC franchise tax?

No. Unlike some states, New Jersey does not impose a flat annual LLC franchise tax. An LLC taxed as a partnership with more than two owners and New Jersey-source income pays a $150-per-owner filing fee (capped at $250,000) with Form NJ-1065, and an LLC that elects corporate treatment pays the Corporation Business Tax with a minimum tax.

Q: What tax forms does a New Jersey LLC file?

A single-member LLC reports on the owner's return (Schedule NJ-BUS-1 with the NJ-1040). A multi-member LLC files the New Jersey Partnership Return, Form NJ-1065, plus Form NJ-CBT-1065 if it owes nonresident partner tax. An LLC taxed as an S corporation files Form CBT-100S, and one taxed as a C corporation files Form CBT-100.

Q: When is the New Jersey partnership return due?

Form NJ-1065 is due the 15th day of the fourth month after the close of the tax year - April 15 for a calendar-year LLC. The related PART-200-T and partnership filing fee follow the same calendar, and a five-month extension of time to file is available if at least 80 percent of the fee is paid by the original due date.

Q: Can a New Jersey LLC elect S-corp taxation?

Yes. An LLC elects S-corporation treatment federally with IRS Form 2553. For tax years beginning on or after December 22, 2022, a federal S corporation is automatically a New Jersey S corporation unless it opts out on Form CBT-2553-R, and it files Form CBT-100S with a minimum tax of $375 to $1,500 based on New Jersey gross receipts.

Q: What is the New Jersey BAIT?

The Pass-Through Business Alternative Income Tax (BAIT) is an elective entity-level tax that a multi-member LLC, partnership, or S corporation can pay on its New Jersey-source income using Form PTE-100. Members then claim a refundable Gross Income Tax credit, which can offset the federal cap on the state and local tax deduction.

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

A New Jersey LLC is taxed as a pass-through by default - a single-member LLC flows through to the owner's NJ-1040, and a multi-member LLC files the New Jersey Partnership Return, Form NJ-1065, due April 15 for calendar-year filers. New Jersey has no flat LLC franchise tax, but an LLC with three or more owners and New Jersey-source income owes a $150-per-owner filing fee (capped at $250,000), and taxable sales are subject to the 6.625% sales tax.

Quick Answer

Federal default: Single-member = disregarded entity; multi-member = partnership
State income tax: Gross Income Tax on members; no flat LLC franchise tax
Partnership return: Form NJ-1065 (multi-member), due 15th day of the 4th month
Filing fee: $150 per owner for LLCs with 3+ owners, capped at $250,000
Sales tax: 6.625% - register on Form NJ-REG, collect and remit
S-corp option: Form CBT-100S; NJ min tax $375–$1,500 by NJ gross receipts

How a New Jersey LLC Is Taxed Federally

An LLC is not a distinct federal tax classification; the IRS taxes it based on the number of owners and any election it makes. By default, a single-member LLC is a disregarded entity - the owner reports business income on their personal return, typically Schedule C of Form 1040. A multi-member LLC is taxed as a partnership, filing federal Form 1065 and issuing Schedule K-1s to members. In both cases the LLC itself pays no federal income tax; profits pass through to the owners. An LLC can instead elect to be taxed as a corporation (Form 8832) or, more commonly, as an S corporation (Form 2553). Your federal classification drives your New Jersey filing, so decide it first. For the federal mechanics, see how to file business taxes, single-member LLC, and Form 1120 vs 1120-S vs 1065.

New Jersey Income Tax: No Flat Franchise Tax

New Jersey follows the federal entity classification for income tax and imposes its personal income tax - the Gross Income Tax (GIT) - on the members, not on the LLC itself. Critically, New Jersey has no flat annual LLC franchise tax comparable to California's $800 minimum; the cost of simply existing as an LLC is the $75 annual report, not a tax. What an LLC actually owes depends on how it is taxed and whether it has New Jersey-source income.

A single-member LLC that is disregarded does not file a separate New Jersey entity income return. Instead, the resident owner reports the business's net profit on Schedule NJ-BUS-1 and carries it to the NJ-1040 resident return; a nonresident owner reports New Jersey-source income on the NJ-1040NR. A multi-member LLC taxed as a partnership is an information filer: it reports income and allocates it to members, who then pay the tax on their own returns. For how much it costs to keep the LLC registered apart from taxes, see New Jersey LLC cost and the annual report.

Multi-Member LLCs: Form NJ-1065 and the Partnership Filing Fee

A New Jersey LLC taxed as a partnership files the New Jersey Partnership Return, Form NJ-1065, with the Division of Taxation. NJ-1065 reports the LLC's income, allocates it among members on New Jersey Schedule NJK-1, and calculates two New Jersey-specific charges: the partnership filing fee and, where applicable, tax on income allocated to nonresident partners. Form NJ-1065 is due the 15th day of the fourth month after the close of the tax year - April 15 for a calendar-year LLC. A five-month extension of time to file is available if at least 80% of the total fee due is paid by the original due date.

The partnership filing fee catches many multi-member LLCs by surprise. An LLC taxed as a partnership that has more than two owners and income from New Jersey sources owes $150 per owner, capped at $250,000, reported with Form NJ-1065 (and paid on the related PART-200-T / PART-100 vouchers). A three-member LLC owes $450; a ten-member LLC owes $1,500. The partnership must also prepay an installment equal to 50% of the current-year fee toward the following year. A single-member (disregarded) LLC and a two-member LLC do not owe this per-owner fee. Because the fee counts owners rather than profit, it is effectively a fixed annual cost for larger-membership LLCs; the cost guide works through examples.

Nonresident Owners and the BAIT Election

If a multi-member LLC has nonresident owners, it must generally pay New Jersey tax on the income allocated to them, reported on Form NJ-CBT-1065 - a companion return to NJ-1065. This nonresident partner tax is a withholding-style prepayment credited against each nonresident's own New Jersey return, so New Jersey collects tax on in-state income even when the owner lives elsewhere.

New Jersey also offers the elective Pass-Through Business Alternative Income Tax (BAIT). A multi-member LLC, partnership, or S corporation may elect to pay an entity-level tax on its New Jersey-source distributive income using Form PTE-100; the members then claim a refundable Gross Income Tax credit for their share. Because the entity - not the individual - pays the state tax, the BAIT can work around the federal $10,000 cap on the state and local tax (SALT) deduction, since the business deducts the payment federally. The election is annual and must be made by the original return due date. Whether it helps depends on the members' individual tax situations, so model it with your accountant. See quarterly estimated taxes for how prepayments interact.

Electing S-Corp or C-Corp Treatment (CBT-100S / CBT-100)

An LLC can elect to be taxed as an S corporation federally by filing IRS Form 2553 (see Form 2553 explained). For tax years beginning on or after December 22, 2022, New Jersey automatically treats a federal S corporation as a New Jersey S corporation - the old separate state election was repealed - unless the entity affirmatively opts out on Form CBT-2553-R. A New Jersey S corporation files Form CBT-100S and owes the Corporation Business Tax minimum tax, which ranges from $375 to $1,500 depending on New Jersey gross receipts, while its shareholders pay Gross Income Tax on their pro-rata share. Electing S-corp status can lower self-employment tax on distributions above a reasonable salary, but it adds payroll and a separate New Jersey return, so weigh the cost against the savings; see LLC or S-corp.

An LLC can also elect C-corporation treatment (Form 8832), in which case it files Form CBT-100 and pays the Corporation Business Tax on its net income at graduated rates up to 9%, subject to a minimum tax of $500 to $2,000 based on New Jersey gross receipts. C-corporation profits are taxed at the entity level and again when distributed as dividends, so most small LLCs stay with pass-through or S-corp treatment. Compare the structures in LLC vs corporation and S-corp vs C-corp.

Sales Tax and Payroll Tax

Two activity-based taxes apply regardless of how the LLC is classified for income tax. If the LLC sells taxable tangible goods or specified services, it must register for sales and use tax through Form NJ-REG, then collect the New Jersey rate of 6.625% and remit it to the Division of Taxation - quarterly on Form ST-50, with monthly payments on ST-51 when collections are high enough. The NJ-REG registration is the same filing that gives a new LLC its Business Registration Certificate; see how to form an LLC in New Jersey and business license in New Jersey.

If the LLC has employees, it registers as an employer through NJ-REG and withholds New Jersey Gross Income Tax, reporting on Form NJ-927 and the WR-30 wage report, plus unemployment and disability contributions. These payroll taxes are trust-fund obligations - collected or withheld on behalf of others - so failing to remit them can create personal liability for responsible members, unlike ordinary business debts. A federal EIN is required to run payroll.

New Jersey LLC Tax Deadlines (2026)

The table below summarizes the main returns and their due dates for a calendar-year New Jersey LLC. Confirm current dates and any weekend or holiday shift with the Division of Taxation, and note that an extension of time to file is never an extension of time to pay.

Obligation	Form	Due date (calendar-year LLC)
NJ partnership return + filing fee (multi-member)	NJ-1065 / PART-200-T	April 15 (15th day, 4th month)
Nonresident partner tax	NJ-CBT-1065	April 15
BAIT election and payment (optional)	PTE-100	March 15
NJ S corporation return	CBT-100S	15th day, 4th month (with federal)
NJ C corporation return	CBT-100	15th day, 4th month (with federal)
Member / owner personal income tax	NJ-1040 / NJ-1040NR	April 15
Sales & use tax (quarterly)	ST-50	20th day after quarter end
Employer withholding / wage report	NJ-927 / WR-30	Quarterly (30th after quarter)
Federal partnership return	IRS Form 1065	March 15

Members of a pass-through LLC generally make quarterly estimated payments to both New Jersey and the IRS, because no employer withholds on pass-through income. For the full calendar across entity types, see when business taxes are due.

Frequently Asked Questions

How is a New Jersey LLC taxed?

By federal default a single-member LLC is disregarded and a multi-member LLC is a partnership, so profits pass through to the members. New Jersey taxes members through the Gross Income Tax and has no flat LLC franchise tax, though a multi-member LLC files Form NJ-1065.

Does New Jersey have an LLC franchise tax?

No flat franchise tax. An LLC taxed as a partnership with three or more owners and New Jersey-source income pays a $150-per-owner filing fee (max $250,000), and an LLC electing corporate treatment pays the Corporation Business Tax with a minimum tax.

What tax forms does a New Jersey LLC file?

A single-member LLC reports on Schedule NJ-BUS-1 with the NJ-1040. A multi-member LLC files Form NJ-1065 (and NJ-CBT-1065 for nonresident partner tax). An S-corp LLC files CBT-100S and a C-corp LLC files CBT-100.

When is the New Jersey partnership return due?

Form NJ-1065 is due the 15th day of the fourth month after year-end - April 15 for calendar-year LLCs. A five-month filing extension is available if at least 80% of the fee is paid by the original due date.

Can a New Jersey LLC elect S-corp taxation?

Yes, by filing IRS Form 2553. A federal S corp is automatically a New Jersey S corp (unless it opts out on CBT-2553-R) and files Form CBT-100S, with a minimum tax of $375 to $1,500 based on New Jersey gross receipts.

What is the New Jersey BAIT?

The Pass-Through Business Alternative Income Tax is an elective entity-level tax filed on Form PTE-100. The LLC pays New Jersey tax on its in-state income and members claim a refundable credit, which can offset the federal SALT deduction cap.

Sources

NJ Division of Taxation - Partnership Filing Information ($150-per-owner filing fee; NJ-1065; $250,000 cap; nonresident partner tax).
NJ Division of Taxation - 2025 NJ-1065 Instructions (PDF) (due date; filing fee; 80% extension rule).
NJ Division of Taxation - 2025 NJ-CBT-1065 Instructions (PDF) (nonresident partner tax).
NJ Division of Taxation - Prepayment of Partnership Filing Fee (50% installment).
NJ Division of Taxation - Technical Bulletin TB-55, Partnership Filing Fee and Nonresident Partner Tax.
NJ Division of Taxation - Pass-Through Business Alternative Income Tax (BAIT) (Form PTE-100; refundable credit).
NJ Division of Taxation - 2025 CBT-100S Instructions (PDF) (automatic NJ S corp; CBT-2553-R opt-out; min tax $375–$1,500).
NJ Division of Taxation - 2025 CBT-100 Instructions (PDF) (C-corp rates; minimum tax $500–$2,000).
NJ Division of Taxation - Businesses (sales & use tax 6.625%; employer withholding; NJ-REG).
NJ Division of Revenue and Enterprise Services - Getting Registered (NJ-REG tax and employer registration).
IRS - Limited Liability Company (LLC) (default federal classification).
IRS - Single Member Limited Liability Companies (disregarded entity).
IRS - About Form 2553 (S-corporation election).
IRS - About Form 1065 (partnership return).
Legal Information Institute - 26 CFR 301.7701-3, Classification of certain business entities.

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. This page is general information, not legal or tax advice. Tax rates, thresholds, and deadlines change; verify current requirements with the New Jersey Division of Taxation and the IRS before acting.