turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

Nonresident New Jersey Return

Hello, I'm working on a nonresident New Jersey return.  I'm reached a question in Turbo Tax asking whether or not I should omit Disposition of Property transactions (pulled from federal return) because they are not subject to New Jersey tax.  How do I know if these transactions should be omitted or not?

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

3 Replies
JohnW152
Expert Alumni

Nonresident New Jersey Return

It depends on your fact scenario.  You don't indicate the type of property that's been disposed of, or the type of transaction that's relevant to your situation.

 

If you're referring to the sale of a New Jersey residence then, according to Principal Residence Exclusion in the New Jersey Tax Guide Buying or Selling a Home in New Jersey:

Whether you still reside in New Jersey or became a resident in another state, you may qualify to exclude all or part of the gain from the sale of your New Jersey home, based on federal guidelines (See IRS Publication 523). To qualify, you must have sold your principal residence in New Jersey, and you must meet the criteria on the following tests:

  • Ownership Test: You owned the home for two or more years during the five-year period ending on the sale date; 
  • Use Test: You lived in the home as your principal residence for two or more years during the five-year period ending on the sale date; 
  • Additional Home Test: During the two-year period ending on the sale date, you didn’t exclude a gain from the sale of another home. 

If you met all three requirements and your filing status is: 

  • Married Filing Joint, you may exclude up to $500,000 of the gain; 
    • If only one spouse met the Ownership and Use Tests, that qualified spouse can exclude up to $250,000 of the gain; 
  • Any other filing status, you may exclude up to $250,000 of the gain.

If this isn't what you're asking about, see the guide linked above and Part I: Net Gains or Income From Disposition of Property in the Instructions for 2023 Form NJ-1040NR

Nonresident New Jersey Return

The property that Turbo Tax is asking about are primarily mutual funds and private notes as reported on federal Schedule D.  I don't understand how these could be subject to New Jersey tax, if they are already subject to federal tax and I am not a resident of NJ.

Nonresident New Jersey Return

already subject to federal tax -- not important

 not a resident of NJ -- important

 

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies