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Buyers > Tools > Business Organizations
Qualified Subchapter S Subsidiary
This information came from the State of New Jersey’s Web site. Check with your accountant, lawyer or small business advisor for the most current information or changes to the tax law for this type of business organization.
Under The Small Business Job Protection Act of 1996, an
S
Corporation is permitted to own a
Qualified Subchapter S Subsidiary (QSSS) and effectively treat the subsidiary as if it were a
division. The assets, liabilities, and items of income, deduction and credit would flow through to
the parent retaining the same character.
To obtain recognition as a NJ QSSS, companies must
file the revised
form CBT-2553 along with a copy of
Federal Form 966 before the 16th day of the fourth month
of the first tax year the election is to take place.
To maintain the separate entity principle, every qualified NJ
QSSS must
file a CBT-100S and pay the minimum tax of $200. Unless the NJ QSSS formally
dissolves or withdraws with the Division of Revenue, Business
Services Bureau, it will be required to file report with the NJ
Division of Revenue and a
Corporation Business Tax Return.
The parent corporation must consent to taxation by NJ by
filing a CBT-100 or
CBT-100S which includes the QSSS’s assets, liabilities, income, and expenses.
The property, receipts, and payroll of the QSSS must be included in
the parent corporation's allocation factor. Failure of the parent
corporation to either consent/file a CBT-100/CBT-100S for a period
will result in denial of status and the subsidiary will be subject
to taxation in NJ as a C Corporation.
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