The Gross Income Tax Act was amended by P.L. 2004, c.65 to include Section
5-1.2. This section applies to tax years beginning on or after January 1, 2004, and
decouples the Gross Income Tax Act from some federal changes to depreciation
and to IRC section 179 for assets placed in service on or after January 1, 2004.
For Gross Income Tax purposes,
• The federal 30% Special Depreciation Allowance is allowed if the asset meets
Internal Revenue Code requirements. For example, if a federal 30% deduction
is permissible but is precluded by the federal 179 deduction, the 30% deduc-
tion is allowed.
• The federal 50% Special Depreciation Allowance is not allowed. If in lieu of
the 50% deduction, the 30% deduction is taken federally, the 30% deduction is
allowed.
• The maximum Section 179 deduction is $25,000. The federal reduced dollar
limitation for asset cost applies and is calculated using the New Jersey maxi-
mum deduction of $25,000. There are no business income limitations. Unused
deductions cannot be carried forward. Instructions for each category of income
are listed below.
• For Liberty Zone property, the maximum Section 179 deduction is $60,000
(the New Jersey maximum of $25,000 plus the federally allowed increased
amount up to a maximum of $35,000). The Liberty Zone Depreciation Al-
lowance is allowed if the asset meets Internal Revenue Code requirements.
Calculation is based on the total New Jersey Section 179 deduction.
• Unused depreciation adjustment cannot be carried forward, carried back, or
applied against another category of income.
For tax years beginning on or after January 1, 2004, if assets were placed in
service on or after January 1, 2004, and the federal 50% Special Depreciation
Allowance or Section 179 expense were deducted, then a New Jersey depreci-
ation adjustment is required. A New Jersey adjustment is not required for assets
placed in service within a tax year beginning prior to January 1, 2004.
The Gross Income Tax Depreciation Adjustment Worksheet GIT-DEP must be
used to calculate the New Jersey Section 179 expense allowable, New Jersey
Special Depreciation Allowance, New Jersey depreciable basis, New Jersey
depreciation allowable and New Jersey depreciation adjustment required. For
subsequent years, Worksheet GIT-DEP must be used to calculate New Jersey
depreciation adjustments until the asset is fully depreciated or disposed of, ad-
justments to federal Section 179 recapture income, and adjustments to the gain
or loss from disposition of the assets.
Note: If the initially required New Jersey depreciation adjustment for an asset was
not reported, whether due to a reporting error that was not corrected by the Divi
-
sion of Taxation or because the partnership, S corporation, sole proprietor or the
owner of rental property or other income producing depreciable asset did not have
a New Jersey ling requirement, then the asset’s New Jersey basis and allowable
depreciation will be the same as for federal tax purposes, and a New Jersey de
-
preciation adjustment is neither required nor allowable in subsequent years.
New Jersey depreciation adjustments will aect an individual’s, estate’s, or trust’s
determination of income reportable in the categories of net prots from business;
net gains or income from disposition of property; net gains or net income from
rents, royalties, patents, and copyrights; net gains or income derived from es-
tates or trusts; distributive share of partnership income; and net pro rata share of
S corporation income. Partnerships and S corporations with a New Jersey ling
requirement will calculate the entity’s adjustments to New Jersey depreciation,
federal Section 179 recapture income, and gain or loss from disposition of the
assets. Each partnership and S corporation is limited to a maximum Section 179
deduction of $25,000 (see instructions for Liberty Zone Property). The entity will
take the New Jersey adjustment into consideration in calculating the partner’s
distributive share and the shareholder’s net pro rata share of income reported on
their NJK-1 or NJ-K-1.
If the partnership or S corporation does not le a New Jersey return, the
partner or shareholder will enter their New Jersey depreciation adjustment on
Worksheet A, publication GIT-9P or Worksheet B or Worksheet B Liquidated,
publication GIT-9S following the instructions provided in those publications and
using information that must be provided by the entity.
Partners will report the total distributive share of income from all partnerships, as
calculated by the entities and reported on their NJK-1s or as calculated on Work-
sheets A, as distributive share of partnership income on their Form NJ-1040,
NJ-1040NR, or NJ-1041. Shareholders will report the total net pro rata share
of income from all S corporations, as calculated by the entities and reported on
their NJ-K-1s or as calculated on Worksheet B or Worksheet B Liquidated as net
pro rata share of S corporation income on their Form NJ-1040, NJ-1040NR, or
NJ-1041.
For determining the New Jersey income reportable in each of the income
categories of net prots from business and net gains or net income from rents,
royalties, patents and copyrights, an individual, estate, or trust’s total Section
179 deduction is limited to a maximum of $25,000 (or New York Liberty Zone
amount federally deducted). One Worksheet GIT-DEP is to be prepared for each
of the categories and the worksheet must include all reportable activity. For
example, an individual with three rental properties, one of which was disposed of,
will calculate the New Jersey 179 deduction, New Jersey Special Depreciation
Allowance, New Jersey basis, New Jersey depreciation allowable, adjustment to
federal Section 179 recapture income, and adjustment to gain or loss on dispo-
sition applicable to assets within all three properties on one Worksheet GIT-DEP.
The resulting adjustments will be applied according to the instructions on Work-
sheet GIT-DEP.
An individual, estate, or trust should report its income from estates and trusts as
reported on its NJK-1, provided by the estate or trust, or based on its federal K-1
after taking into account all New Jersey adjustments.
All Worksheets GIT-DEP should be retained for future reference.
Revised 8/19 Gross Income Tax Depreciation Adjustment Worksheet GIT-DEP
General Instructions
GIT-DEP – Gross Income Tax Depreciation Adjustment Worksheet Revised 8/19
Name Social Security Number/FEIN
For tax years beginning on or after January 1, 2004, use this worksheet to calculate the New Jersey depreciation adjustment required for assets placed in service on or after Janu-
ary 1, 2004, and for which any of the following criteria apply:
• Federal Section 179 expense was deducted
• Federal 50% Special Depreciation Allowance was deducted
• Federal income includes Section 179 recapture income
• Federal income includes a gain or loss from disposition of an asset for which an NJ depreciation adjustment was previously required.
Part I Complete Parts II, III, and IV as required and enter results on this worksheet
1. Total federal depreciation from Part II, column C 1.
2. Total NJ Section 179 deduction allowable from Part II, column E; total cannot exceed $25,000 unless
Liberty Zone Property is included 2.
3. Total NJ depreciation allowable from Part II, column K 3.
4. Subtotal (Subtract lines 2 and 3 from line 1) 4.
5. Total NJ adjustment to federal 179 recapture income from Part III, column E 5.
6. Total NJ adjustment to federal gain (loss) on disposition of asset(s) from Part IV, column F 6.
7. New Jersey Depreciation Adjustment (total of lines 4, 5, and 6) 7.
Enter the amount from line 7, New Jersey Depreciation Adjustment, as a positive or negative amount on the applicable form, schedule, or worksheet as follows:
S corporation income
CBT-100S, Schedule K or Schedule K Liquidated, Part II, line 7
Publication GIT-9S, Worksheet B or Worksheet B – Liquidated, Part I, line 7
Partnership income
NJ-1065 – If a net addition, include on line 13b; if a net subtraction, include on line 15g.
Publication GIT-9P, Worksheet A – If a net addition, include on line 14b; if a net subtraction, include on line 16e.
Net prots from business
Enter on a schedule detailing the calculation of NJ net prots from business and attach to Forms NJ-1040, NJ-1040NR, NJ-1041
Income from rents, royalties, patents, and copyrights
Enter the total adjustments to income from lines 4 and 5 on:
NJ-1040, NJ-BUS-1, Part IV
NJ-1040NR, NJ-BUS-1, Part II
NJ-1041, NJ-BUS-1, Part II
Enter the adjustment to federal gain or loss on disposition from line 6 on:
NJ-1040, Schedule NJ-DOP
NJ-1040NR, Part I
NJ-1041, Schedule A
GIT-DEP – Gross Income Tax Depreciation Adjustment Worksheet Revised 8/19
Name Social Security Number/FEIN
Part II Calculation of New Jersey Depreciation
For tax years beginning on or after January 1, 2004, use this section to calculate the NJ basis for depreciation and the NJ depreciation allowable for assets placed in service on or
after January 1, 2004, and for which Section 179 expense or federal 50% special depreciation allowance were deducted.
A B C D E F G H I J K
Description of
Property
Date
Placed in
Service
Current Year Federal
Depreciation/179
Deducted
Federal
Basis For
Depreciation
NJ Section 179
Deduction
NJ Basis
Prior Year New
Jersey Depreciation
NJ Current Year
Basis
Federal Method
of Depreciation
Life or
Rate
New Jersey
Depreciation
Allowable
Totals
Instructions (for Liberty Zone Property, see General Instructions)
Column A: Classify consistent with Internal Revenue Code.
Column B: Clearly segregate property placed in service during each year.
Column C: Enter the total special depreciation allowance, 179 expense, and depreciation deducted for federal purposes for this year.
Column D: Enter federal basis for depreciation prior to special depreciation allowance, 179 expense, or depreciation deduction.
Column E: For the year placed in service, enter the NJ allowable Section 179 deduction, limited to a maximum of $25,000 for all assets unless Liberty Zone Property is included.
Column F: Subtract column E from column D
Column G: Enter amounts from prior years’ worksheets.
Column H: For the year placed in service, enter the amount from column F. For subsequent years, subtract column G from column D.
Column I: Use the same method that was used for federal purposes.
Column J: Use the same life that was used for federal purposes.
Column K: Calculate the NJ depreciation. The 30% special depreciation allowance is allowed only if it was taken for federal tax purposes.
The 50% special depreciation allowance is not permitted.
Enter the total of column C on Part I, line 1.
Enter the total of column E on Part I, line 2; total cannot exceed $25,000 unless Liberty Zone Property is included.
Enter the total of column K on Part I, line 3.
GIT-DEP – Gross Income Tax Depreciation Adjustment Worksheet Revised 8/19
Name Social Security Number/FEIN
Part III Calculation of Adjustment to Federal 179 Recapture Income
For tax years beginning on or after January 1, 2004, if reported income includes the recapture of Section 179 expense on property placed in service on or after January 1, 2004,
use this section to calculate the New Jersey adjustment to federal recapture income. A separate adjustment must be calculated for each asset on which there was recapture
income.
A B C D E
Asset
Date Placed In
Service
NJ Section 179 Recapture
Income
Federal Section 179
Recapture Income
New Jersey Adjustment to
Federal Recapture Income
Totals
Instructions
Column A: Identify the asset for which the federal recapture income was required.
Column B: Enter date the asset was placed in service.
Column C: Based on federal rules, calculate NJ Section 179 recapture income using amounts allowable for NJ tax purposes.
Column D: Enter the federal Section 179 recapture income that is included in income reported to NJ.
Column E: Subtract column D from column C. This is the NJ recapture income adjustment.
Enter the total of column E, as either a negative or positive, on Part I, line 5.
GIT-DEP – Gross Income Tax Depreciation Adjustment Worksheet Revised 8/19
Name Social Security Number/FEIN
Part IV Calculation of Adjustment to Federal Gain or Loss on Disposition of Asset
For tax years beginning on or after January 1, 2004, use this section to calculate the NJ adjustment to federal gain or loss on disposition of an asset placed in service on or after
January 1, 2004, for which Section 179 expense or federal 50% Special Depreciation Allowance were deducted.
A B C D E F
Asset
Date Placed In
Service
Date of Disposition
Total NJ Depreciation
Deducted
Total Federal
Depreciation
Deducted
Adjustment to
Federal
Gain (Loss)
Totals
Instructions
Column A: Identify the asset disposed of.
Column B: Enter date the asset was placed in service.
Column C: Enter date of disposition.
Column D: Enter the total federal Section 179 expense, special allowance, and depreciation deducted for NJ tax purposes.
Column E: Enter the total federal Section 179 expense, special allowance, and depreciation deducted for federal tax purposes.
Column F: Subtract column E from column D. This is the NJ adjustment to the federal gain (loss) included in income.
Enter the total of column F, as either a negative or positive, on Part I, line 6.