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June 16, 2022

"Voluntary" in Name Only? New Jersey Introduces Transfer Pricing Initiative

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The New Jersey Division of Taxation (Division) has announced a "voluntary" transfer pricing initiative beginning June 15, 2022, and continuing through March 2, 2023. According to the Division, the initiative is targeted toward companies that have intercompany transactions that would be subject to transfer pricing adjustment.

The initiative is broadly available to taxpayers with related party intercompany pricing, even if those taxpayers are currently under audit or have a case pending before the Division's Conference and Appeals Branch. However, the initiative does not apply to matters in litigation.

Taxpayers must agree in writing to participate in the initiative by September 15, 2022, and comply with Division deadlines thereafter (including by providing "all required transfer pricing, tax, and financial information and documentation" to the Division by October 31, 2022). As part of any agreement reached with a taxpayer, the Division will agree to waive all applicable penalties and all rights to assess any additional tax, interest or penalties except for adjustments relating to federal corrections.

Notably, the Division is warning taxpayers that do not reach an agreement through the initiative that in the future it will: (1) "assess all applicable penalties;" (2) "not waive any penalties;" and (3) audit according to the Division's "regular audit schedule" without agreeing "to a methodology or settlement for any unaudited open tax years."

Evidently, the Division has hired Dr. Ednaldo Silva, Founder & Director of RoyaltyStat, to assist with the initiative. Sources familiar with the initiative report that the Division will consider prospective-only settlement agreements under the initiative, under the right circumstances.

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