Cbt 2553 Form – Fill Out and Use

CBT-2553				State of New Jersey
(8-05)				Division of Taxation
		New Jersey S Corporation or New Jersey QSSS Election
Check the appropriate box:		Initial S Corporation Election		New Jersey QSSS Election (See Part V)		Change in S or QSSS Corporation Shareholders

IMPORTANT: This form only has to be filed once. There is no renewal required. Please Note: All changes can be filed with the S corporation final return.

Part I

Corporate Information (Type or Print)

Name of Corporation

Federal Employer Identification Number

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Mailing Address

New Jersey Corporation Number

-

-

City or Town, State and ZIP Code

Name and telephone number of corporate officer or legal representative

(

)

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Check here

if the corporation has changed its name or address in the past 12 months

Date of Incorporation

State of Incorporation

/

/

Election Information

Enter the effective date of the Federal S corporation election ________/________/________

Applied for

month

day

year

New Jersey S corporation or New Jersey QSSS election is to be effective for tax year beginning _______/_______/_______ ending _______/_______/_______

month day year month day year

NOTE: If this election takes effect for the first tax year the corporation exists, enter for item 2 and item 3, the month, day and year of the earliest of the following:

(1)date the corporation first had shareholders, (2) date the corporation first had assets, or (3) date the corporation began doing business. If the accounting period you enter is for an automatic 52-53 week tax year, check here

Part II Shareholder’s Consent Statement - By signing this election, we the undersigned shareholders, consent (1) to the corporation’s election to be treated as a New Jersey S corporation under N.J.S.A. 54:10A-1, et seq., (2) that New Jersey shall have the right and jurisdiction to tax and collect the tax on each shareholder’s S corporation income, as defined in N.J.S.A. 54A:5-10 and (3) such right and jurisdiction shall not be affected by a change of a shareholder’s residency, except as provided in N.J.S.A. 54A:1-1, et seq. Shareholders must sign, date and provide the requested information below. For the original or initial election to be valid, the consent of each shareholder, person having a community property interest in the corporation’s stock, and each tenant in common, joint tenant, and tenant by the entirety must appear below or be attached to this form. If more space is needed, a continuation sheet reporting the exact information for additional shareholders or a second consent statement must be attached to this form.

	Name of each shareholder, person having a			Stock Owned		Social Security Number		* Share-
	community property interest in the corporation’s	*** Signatures must be provided ***
						or		holder’s
	stock, and each tenant in common, joint tenant, and			Number	Dates	Employer Identification Number		state of
	tenant by the entirety. (A husband and wife (and
		Signature	Date	of	acquired	for an estate or qualified trust		residency
	their estates) are counted as one shareholder).
				shares
						/	/
						/	/
						/	/
						/	/
						/	/

* You must provide the address of any shareholder who is not a resident of New Jersey on a rider and attach it to this form.

Part III Corporation’s Consent Statement - The above named corporation consents (1) to the election to be treated as a New Jersey S corporation under N.J.S.A. 54:10A-1, et seq., (2) to fulfill any tax obligations of any nonconsenting shareholder who was not an initial shareholder as required by any tax law in the State of New Jersey including the payment of tax to the State of New Jersey on behalf of such shareholder. (An authorized officer must sign and date below.)

Under penalties of perjury, I declare that I have examined this election, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete.

____________________________________________________________________________________________________________________________X

Signature of authorized officer

Title

Date

	Name of shareholder, person no longer having a community			Social Security Number
	property interest in the corporation’s stock, tenant in common,		Date		or
	joint tenant, or tenant by the entirety. (A husband and wife	Stock Relinquished		Employer Identification Number
	(and their estates) are counted as one shareholder).			for an estate or qualified trust
		/	/	/	/
		/	/	/	/
		/	/	/	/
		/	/	/	/

Under penalties of perjury, I declare that the above, to the best of my knowledge and belief, is true, correct, and complete.

_______________________________________________________________________________________________________________________________

Signature of authorized officer

Title

Date

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PART V Qualified Subchapter S Subsidiary Election

Corporation’s Consent Statement - The above named corporation consents (1) to the election to be treated as a “New Jersey Qualified Subchapter S Subsidiary”, and (2) to file a CBT-100S reflecting the $500 minimum tax liability or the $2,000 minimum tax liability if the taxpayer is a member of an affiliated group or a controlled group whose group has a total payroll of $5,000,000 or more for the privilege period. (An authorized offi- cer must sign and date below.)

Under penalties of perjury, I declare that I have examined this election, and to the best of my knowledge and belief, it is true, correct, and complete.

__________________________________________________________________________________________________________________

Signature of authorized officer

Title

Date

Corporate Parent Company’s Consent Statement - By signing this election, the undersigned corporation consents (1) to the subsidiary’s elec- tion to be treated as a “New Jersey Qualified Subchapter S Subsidiary” and (2) to taxation by New Jersey by filing a CBT-100S or a CBT-100 and remitting the appropriate tax liability including the assets, liabilities, income, and expenses of its QSSS.

Under penalties of perjury, I declare that I have examined this election, and to the best of my knowledge and belief, it is true, correct, and complete.

_______________________________________________________________________________________________________________________________________________

Signature of authorized officer

Title

Date

INSTRUCTIONS FOR FORM CBT-2553

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CBT-2553 - Cert	Mail to:
(8-05)	PO Box 252
	Trenton, NJ 08646-0252
	(609) 292-9292

State of New Jersey

Division of Taxation

New Jersey S Corporation Certification

This certification is for use by unauthorized foreign (non-NJ) entities that want New Jersey S Corporation Status. This form MUST be attached to form CBT-2553.

Part I. Corporate Information (Type or Print)

Name of Corporation: ____________________________________________________

Federal Employer Identification Number: ______ - _____________________________

Part II. Corporate Attestation

By signing this statement, the corporation affirms that the corporation has not conducted any activi- ties within this state that would require the Corporation to file a Certificate of Authority in accordance with N.J.S.A. 14A :13-3. Specifically, the corporation attests that it is not transacting business in accordance with the definitions provided in statute.

Print the name and title of the person executing this document on behalf of the Corporation. This person must be a corporate officer.

Name: ________________________________	Title: ___________________________
Signature: _____________________________	Date: ___________________________

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Instructions for Form CBT-2553 - Cert

1.This form is to be used by non-New Jersey business entities wishing to apply for New Jersey "S" Corporation status which are not required to be authorized to transact business in accor- dance with N.J.S.A. 14A :13-3, given below. This form is in addition to and must accompany form CBT-2553.

2.Name of Corporation: Type or print name exactly as it appears on form NJ-REG and the CBT-2553.

3.Federal Employer Identification Number (FEIN): Please enter the Federal Identification Number assigned by the Internal Revenue Service.

4.Please read the Corporate Attestation and the cited statutes for compliance.

5.Print the name and title of the corporate officer signing this document and the CBT-2553. Both documents must be signed by the same corporate officer.

6.Mail the completed forms to: New Jersey Division of Revenue, PO Box 252 Trenton, NJ 08646-0252

14A:13-3. Admission of foreign corporation

(1)No foreign corporation shall have the right to transact business in this State until it shall have procured a certificate of authority so to do from the Secretary of State. A foreign corporation may be authorized to do in this State any business which may be done lawfully in this State

by a domestic corporation, to the extent that it is authorized to do such business in the jurisdiction of its incorporation, but no other business.

(2)Without excluding other activities which may not constitute transacting business in this State, a foreign corporation shall not be considered to be transacting business in this State, for the purposes of this act, by reason of carrying on in this State any one or more of the following activities

(a)maintaining, defending or otherwise participating in any action or proceeding, whether judicial, administrative, arbitrative or otherwise, or effecting the settlement thereof or the settlement of claims or disputes;

(b)holding meetings of its directors or shareholders;

(c)maintaining bank accounts or borrowing money, with or without security, even if such borrow- ings are repeated and continuous transactions and even if such security has a situs in this State;

(d)maintaining offices or agencies for the transfer, exchange and registration of its securities, or appointing and maintaining trustees or depositaries with relation to its securities.

(3)The specification in subsection 14A:13-3(2) does not establish a standard for activities which may subject a foreign corporation to service of process or taxation in this State.

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