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Tammy F.
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Late New Jersey Tax filing

Customer Question

I didn’t file my 2003 new jersey state tax return. By my calculation I owe $130. Will have have to pay severe penalties? What if I owed them no money? I also have not filed the federal return, but I understand that because they clearly owe me money I will not incur any fines or fees. Would the same be true if I did not owe New Jersey any money?
Submitted: 11 years ago.
Category: Tax
Expert:  Tammy F. replied 11 years ago.

 You probably will not have a late fee for your federal or state return if you are due a refund. 

You need to go ahead and file, though.  Your refund will be forfeited after 3 years.


Let me know if you have more questions.

Expert:  Tammy F. replied 11 years ago.

 Your 2003 was due on April 15th of 2004.  The one that is due this April 15th is the 2004 return.

Your penalty will be less than 50 dollars, I think.  Don't let it keep you from filing.

Customer: replied 11 years ago.
Tammy, I realize you just answered me. That is why is said thank you for the quick response. You seem to misunderstand me. I know when the 2003 return was due. I did not send it in. I also know when the 2004 return is due and I intend to send it in. That has nothing to do with my question.

You say my penalty will be less than 50 dollars. Why do you think this?

I hope you can see that this is important. Because the penalty it seems to me could be very significant. I would be very happy if the penalty would be only 50 dollars. On what do you base this idea?
Expert:  Tammy F. replied 11 years ago.

 I say this based on personal experience filing in NC.

Following your last question, I looked up the actual regulations in the state in which you reside :  New Jersey.

New Jersy -

When a tax return is filed after the due date or the tax due is paid late, penalty and interest charges may be assessed. The late filing penalty is 5% of the tax due for each month or portion of a month the return is late. The maximum penalty for late filing is 25%. The Division may also charge a penalty of $100 for each month the return is late.

A late payment penalty of 5% of the tax due may also be charged.

Interest is calculated at the annual rate of 3% above the prime rate for every month or portion of a month the tax is unpaid, compounded annually. At the end of each calendar year any tax, penalties, and interest still due (unpaid) become part of the balance on which interest is charged.

In addition, if your tax bill is sent to the collection agency, a referral cost recovery fee of 10% of the tax due will be added to the liability. If a certificate of debt is issued for the outstanding liability, a fee for the cost of collection of tax may also be imposed.


It looks like New Jersey is a little different from NC.  I am glad that you had me research my answer more.

The sooner that you file, the better it will be for your wallet.

If you still have more questions, don't hesitate to ask.

Customer: replied 11 years ago.
Thank you for your perserverance Tammy. I have just one final clarification I think.

Do you have any insight into this statement that you posted?

"The Division may also charge a penalty of $100 for each month the return is late."

The word "may" is my bigest concern. How will "The Division" decide if they will or if they will not.


Customer: replied 11 years ago.
Hi, I'm not sure why my question was closed. I asked for a further clarification.


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