New Jersey and the R&D Tax Credit

State Credit Name: Taxpayer Credit for Certain Research Activities

Expiration Date: Indefinite

Who Can Apply? Corporations only. New Jersey S-Corporation’s credits are limited to its New Jersey corporation tax liability and pass-through of the credit to the shareholders is not allowed.

About the Credit: The credit is equal to 10% of the excess of the QRE’s over the base amount, plus 10% of basic research payments, as determined under IRC Sec. 41.

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Special Notes: The credit can offset the entire net income component of the corporation business tax.

Credit Carry Forward:Unused credits can be carried forward 7 years. A taxpayer that has been granted the credit and basic payments have been made for research conducted in New Jersey in the fields of advanced computing, advanced materials, biotechnology, electronic device technology, environmental technology, and medical device technology is allowed to carry the credit forward 15 years.

FAQ's

1. What is the New Jersey R&D Tax Credit?

The New Jersey R&D Tax Credit is a state incentive that allows corporations to claim a credit against their corporation business tax for qualified research expenses conducted in New Jersey, similar to the federal R&D credit.

2. Who is eligible for the New Jersey R&D Tax Credit?

Corporations subject to the New Jersey Corporation Business Tax (CBT) that incur qualified research expenses (QREs) in the state are eligible. Partnerships and sole proprietors do not qualify directly.

3. What qualifies as research expenses in New Jersey?

Qualified research expenses include wages, supplies, and contract research costs related to qualified activities, such as product development, process improvements, and technological innovations, conducted in New Jersey.

4. How is the New Jersey R&D tax credit calculated?

The credit is calculated as:

  • 10% of the excess QREs over a base amount, plus
  • 10% of basic research payments to qualified organizations.

5. What is the base amount for calculating the credit?

The base amount is generally calculated using a fixed-base percentage (determined from prior years’ gross receipts and R&D expenses) and the average gross receipts from the prior four years.

6. Can I claim both the federal and New Jersey R&D credits?

Yes. The state credit is modeled after the federal credit, and businesses often claim both simultaneously, using similar documentation.

7. Is the credit refundable in New Jersey?

No, the credit is nonrefundable, meaning it can reduce tax liability to zero but cannot result in a refund. Unused credits can be carried forward for up to 7 years.

8. Are there any limitations or caps on the credit?

Yes. The credit cannot reduce the tax liability below the statutory minimum CBT, and only certain portions of the credit may be used in one year depending on other tax liabilities and credits.

9. Is pre-approval required to claim the credit?

No pre-approval is required, but you must maintain proper records and file the necessary forms with your annual tax return.

10. Can I amend previous tax returns to claim missed credits?

Yes. You can file an amended CBT-100 return within the applicable statute of limitations (generally 4 years) to claim missed credits.

Swanson Reed is one of the only companies in the United States to exclusively focus on R&D tax credit preparation. Swanson Reed’s office location at 100 Horizon Center Boulevard, Hamilton, New Jersey provides R&D tax credit consulting and advisory services to Newark, Jersey City, Paterson, Elizabeth, Edison, Woodbridge, Lakewood, Toms River, Hamilton and Trenton.

If you have any questions or need further assistance, please call or email our local New Jersey Partner on (609) 900-2488.
Feel free to book a quick teleconference with one of our New Jersey R&D tax credit specialists at a time that is convenient for you. Click here for more information about R&D tax credit management and implementation.


Live Webinar: R&D Tax Credit Training for NJ CPAs

Duration: 60 Minutes

Learning objectives include:

  • An overview of R&D Tax Credits
  • Identify Qualifying Research Activities
  • Define the 4-Part Test
  • How to substantiate activities through documentation
  • Identify Qualifying Research Expenses

Cost:                             FREE

CE/CPE credits:          Worth one hour

Knowledge Level:      Basic*

Field of Study:           Taxation

R&D Tax Credit Training for CPAs

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New Jersey R&D Tax Credit Filing Instructions

To claim the Research and Development (R&D) tax credit in New Jersey, eligible corporations (both C and, in some cases, S corporations) must generally follow federal guidelines for qualified research expenses (QREs) under IRC Section 41, with some state-specific modifications. The New Jersey credit is typically 10% of the excess of QREs over a base amount, plus 10% of basic research payments. To make the claim, taxpayers are required to file Form 306, Research and Development Tax Credit, with their annual New Jersey Corporation Business Tax return. It is important to attach a copy of federal Form 6765 as filed with the IRS. Unused credits can generally be carried forward for seven years, or up to fifteen years for research in certain advanced technology fields.


R&D Tax Credit Training for NJ CPAs

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R&D Tax Credit Training for NJ CFPs

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R&D Tax Credit Training for NJ SMBs

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New Jersey Patent of the Year – 2024/2025

Endolynx Inc. has been awarded the 2024/2025 Patent of the Year for their innovative approach to endotracheal tube positioning. Their invention, detailed in U.S. Patent No. 11986593, titled ‘Methods and devices for determining a position of an endotracheal tube’, introduces a novel system for accurately detecting the placement of an endotracheal tube within a patient’s trachea.

This patented system integrates sensors directly into the endotracheal tube to detect surrounding anatomical features, such as the vocal cords. Utilizing infrared emitters and detectors, the system captures sensor data that is processed to determine the distance between the detected anatomy and a known point on the tube. This information is then displayed to healthcare providers, offering real-time feedback on tube placement.

Endolynx’s innovation enhances patient safety by providing a reliable method for confirming endotracheal tube positioning, reducing the risk of misplacement and associated complications. The system’s design allows for seamless integration into existing medical procedures, offering a practical solution for clinicians.

This advancement represents a significant step forward in medical technology, combining sensor integration with real-time data processing to improve patient outcomes in critical care settings.


Study Case

Business Scenario

Hunter Engineering is a family run business that is dedicated to producing custom, environmentally-friendly hunting products with the use of professional machinery.

With lead fishing sinkers banned in the United Kingdom, Canada and various U.S. states due to the environmental concerns surrounding them, Hunter Engineering instigated a project with the main business objective being to design and develop an alternate and improved copper fishing sinker.

The key areas of investigation and experimentation due to specific technical objectives for Hunter Engineering were the following:

  • Because copper is a much lighter metal than lead, a copper sinker must be shaped differently to enable it to sink properly and be cast over a distance.
  • Because copper erodes much easier than lead, the development of a coating was required.

After experimentation, Hunter Engineering had to determine which of its project activities qualified for the Research and Experimentation Tax Credit. To be eligible, Hunter Engineering had to be sure that its “qualified research” met four main criteria, known and developed by Congress as the Four-Part Test. Hunter Engineering decided that development of an efficient copper sinker was indeed possible with the conduction of four R&D activities.

Eligible R&D Activities

Design and development of a series of prototypes to achieve the technical objectives (design of the copper sinker).

The hypothesis for this activity questioned whether a lead-free, copper fishing sinker could be designed and developed to outperform existing lead fishing weights.

Hunter Engineering created a 3D model of the copper sinker in order to accurately predict the weight and then sent it to an industry professional for recalculation. Based on the recalculations, the experts at Hunter Engineering developed the design for the sinker.

Hunter Engineering concluded that a small increase in the diameter of the fishing weight produced a significant improvement in the sinking and flying characteristics.

Trials and Analysis of data to achieve results that can be reproduced to a satisfactory standard, and to test the hypothesis (testing of various coatings and methods to apply the lubricant onto the sinker).

The hypothesis for this activity was to investigate an optimum coating (or lubricant) that could be applied to the copper sinker to prevent it from eroding in water.

Each type of lubricant was tested on a round of fifteen  sinkers over a year. Hunter Engineering tried numerous off-the-shelf products by mixing them with other types of lubricants. However, they ended up developing a binder to help the lubricant stay on the copper sinker.

Hunter Engineering did find a successful coating that had to be mixed with the binder and then sprayed on the sinker before use.

Background research to evaluate current knowledge gaps and determine feasibility (background research for the design of the copper sinker).

Hunter Engineering conducted the following background research:

  • Review  of  final  computer-generated  calculations  for  potential specifications  for  the  design  of  the  copper sinker
  • Analysis of available competitors’ products and components
  • Preliminary equipment and resources review with respect to capacity, performance and suitability for the project
  • Consultation with key component/part/assembly suppliers to determine the  factors  they  considered  important  in  the  design  and to gain an understanding of how the design needed to be structured accordingly

These specific background research activities assisted in identifying the key elements of the research project.

Ongoing analysis of customer or user feedback to improve the prototype design (feedback R&D of the copper sinkers).

Hunter Engineering’s eligible R&D activities during this phase of experimentation included:

  • Ongoing analysis and testing to improve the efficiency and environmental safety of the project.
  • Ongoing development and modification to interpret the experimental results and draw conclusions that served as starting points for the development of new hypotheses.
  • Commercial analysis and functionality review.

These activities were considered “qualified research” because they were necessary to evaluate the performance capabilities of the new design in the field and to improve any flaws in the design.

Qualified Research Defined

Qualified research consists of research for the intent of developing new or improved business components. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

The Four-Part Test

Activities that are eligible for the R&D Credit are described in the “Four-Part Test” which must be met for the activity to qualify as R&D.

  1. Permitted Purpose: The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component.
  2. Elimination of Uncertainty: The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.
  3. Process of Experimentation: The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain at the beginning of the taxpayer’s research activities.
  4. Technological in Nature: The process of experimentation used to discover information must fundamentally rely on principles of hard science such as physical or biological sciences, chemistry, engineering or computer science.

What records and specific documentation did Hunter Engineering keep?

Similar to all tax credits and deductions, Hunter Engineering had to save business records that outlined what it did in its R&D activities, including experimental activities and documents to prove that the work took place in a systematic manner.

Unfortunately, the only documentation that Hunter Engineering saved were design documents in the form of drawings, leaving vast room for improvement in the area of substantiation.

As a company claiming R&D, you always want to be “compliance ready” — meaning if you were audited by the IRS, you could present documentation to show the progression of your R&D work. Here are some types of documentation that would be beneficial to save:

  • Project records/ lab notes
  • Photographs/ videos of various stages of build/ assembly/ testing
  • Prototypes
  • Testing protocols
  • Results or records of analysis from testing/ trial runs
  • Tax invoices
  • Patent application number
  • Literature reviews

Click here for the PDF version of this case study.

Costing Example

A New Jersey engineering firm with fewer than 30 employees had never claimed the R&D Tax Credit before. This project involved a multi-year study.

The Company qualified for federal R&D Tax Credits of $268,970 and an additional credit of $127,500 in NJ state R&D Tax Credit.

FEDERAL NEW JERSEY
Year Total QREs Credit Total QREs Credit
Year 3 $1.200.000,00 $128.160,00 $1.200.000,00 $60.000,00
Year 2 $800.000,00 $82.400,00 $800.000,00 $40.000,00
Year 1 $550.000,00 $58.410,00 $550.000,00 $27.500,00
Total $2.550.000,00 $268.970,00 $2.550.000,00 $127.500,00

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Swanson Reed | Specialist R&D Tax Advisors
100 Horizon Center Boulevard
Hamilton, NJ 08691