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New Jersey Contractor withholding requirements and Business
Registration Certificates
Effective January 1, 2007, the State of New Jersey
now requires entitities making payments to unregistered unincorporated
contractors for work performed in New Jersey to deduct and withhold
tax from that compensation for any contractor who does not provide
proof of a registration (a Business Registration Certificate, Form
BRC) with the New Jersey Division of Revenue. The required
amount to be withheld is 7%.
In order to facilitate this new requirement, the
state has created Form NJ-550 to report the unregistered contractor's
name, social security number or federal employer identification
number, gross amount paid and amount withheld. Filing and
payment of the amount withheld is required for each calendar month. The
NJ-550 and associated payment are due on or before the 15th day
of the month following the close of the calendar month in which
the payment was made.
A Business Registration Certificate serves two purposes:
- For public contracting. All
contractors and subcontractors must provide this documentation
when seeking to do business with the State of New Jersey, and
other public agencies in this state.
- To comply with Chapter 85, P.L. 2006,
defined under N.J.S.A. 54A:7-1.2. You must use the
Business Registration Certificate if you are an unincorporated
construction contractor performing work in NJ or you are a
registered unincorporated contractor providing proof of certification.
If you are a registered vendor but have not received
the Business Registration Certificate in the mail, you may obtain
a certificate online at: http://www1.state.nj.us/TYTR_BRC/jsp/BRCLoginJsp.jsp
To determine if the business is already registered, you may check the
online registration inquiry at: https://www1.state.nj.us/TYTR_BRC/jsp/BRCLoginJsp.jsp
If you have not registered but are required to have this certificate,
you will need to complete Form NJ-REG. Representatives of the Division's
Client Registration activity are available to assist in the registration
process by calling 609.292.1730.
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