1. 2008 Schedules A, B, and C
46
Schedule C - continued
Use Schedule C to report all other net The Gross Income Tax Act does not Be sure to retain the completed work-
gains or income less net losses from rents, distinguish between active and passive sheet for your records. See page 63 for
royalties, patents, and copyrights. losses, nor does it authorize carryback or how to request Worksheet GIT-DEP and
carryforward of such losses. Thus, you instructions.
New Jersey income tax law has uncoupled may deduct Federal passive losses in
In listing New Jersey income or loss, the
from certain changes in Federal deprecia- full in the year incurred against any gain
New Jersey allowable IRC Section 199
tion and expense deduction limits. A New within the same category of income.
deduction must be taken into consider-
Jersey depreciation adjustment may be
ation, if applicable. Information regarding
If the spaces provided are not sufficient,
required for assets placed in service on
the New Jersey limitations and calcula-
enclose a statement with the return listing
or after January 1, 2004. Complete the
tions can be found on the Division’s Web
any additional property and income along
Gross Income Tax Depreciation Adjust-
site (www.state.nj.us/treasury/taxation/).
with Schedule C.
ment Worksheet GIT-DEP to calculate the
adjustment.
Line 2 - Totals
Line 1 - List of Property and
The New Jersey allowable IRC Section
Income Add the amounts in each column and en-
199 deduction must be calculated on Form
ter the totals on Line 2.
List at Line 1, Schedule C the kind of
501-GIT, Domestic Production Activities
property and the net income or loss from
Deduction. The result should be taken into
Line 3 - Net Income
each property. For rentals, in listing the
consideration in calculating the net gain,
income or loss for each rental property as Add the amounts listed on Line 2 in col-
income, or loss resulting from the rental
determined on your Federal Schedule E, umns b, c, d, and e. Enter the total on
of applicable property. Form 501-GIT can
the New Jersey adjustments from the Line 3, netting gains with losses. Enter
be found on the Division’s Web site
Gross Income Tax Depreciation Adjust- this amount on Line 22, Form NJ-1040.
(www.state.nj.us/treasury/taxation/).
ment Worksheet GIT-DEP, Part 1, lines 4 If the netted amount is a loss, enter zero
and 5 must be taken into consideration. here and make no entry on Line 22, Form
NJ-1040.
2008 Tenant Homestead Rebate Application
How to Apply for the Tenant Eligibility
and who meet certain income limits are
eligible. Rebate amounts and qualifica-
Homestead Rebate To be eligible for a New Jersey home-
tions for eligibility are subject to restric-
stead rebate as a tenant:
How you apply for the homestead rebate tions due to State budgetary constraints.
is determined by whether you were a You must have rented and occupied
♦
The State Budget for fiscal year 2009
homeowner or a tenant on October 1, a home in New Jersey that was your
imposed restrictions on rebate eligibility
2008. Homeowners and tenants file dif- principal residence on October 1,
and amounts. Under those limitations, for
ferent applications. 2008; and
tax year 2007 (rebates paid in 2008) only
Your gross income for the entire year
Tenants. The application for the tenant homeowners whose New Jersey gross ♦
must have been $100,000 or less (see
rebate, Form TR-1040, is contained in income was $150,000 or less and who
Note under Line 11, Total Gross In-
this booklet. Those who rented and occu- met the other qualifications were eligible.
come, on page 49); and
pied a home in New Jersey that was their For tax year 2008 (rebates to be paid in
principal residence on October 1, 2008, 2009), those restrictions may or may not Your principal residence must be sub-
♦
apply. Information on 2008 rebate eligi-
and who meet the other requirements be- ject to local property taxes, and prop-
bility and amounts will not be available
low are eligible. erty taxes must have been paid on that
until the State Budget for fiscal year residence through rent; and
Homeowners. Applications for the 2010 has been adopted.
homeowner rebate are expected to be Your dwelling unit must contain its
♦
Note: If you were a homeowner for part
mailed at the end of April, and home- own separate kitchen and bath facili-
owners will apply either online or by ties; and
of the year, but your principal residence on
phone. Homeowners do not use the ap- October 1, 2008, was a dwelling that you
If you are filing Form NJ-1040, you
♦
plication in this booklet. Residents who rented, you are not eligible for a homeowner
must file the tenant homestead rebate
owned, occupied, and paid property taxes rebate but may be eligible for a homestead
application (Form TR-1040) and the
on a home in New Jersey that was their rebate as a tenant. See below.
NJ-1040 by April 15, 2009, or if you
principal residence on October 1, 2008,
continued
ALL PROPERTY TAX RELIEF PROGRAM INFORMATION IS SUBJECT TO CHANGE

2. 2008 Tenant Homestead Rebate Application 47
Tenant Eligibility - continued
rebate eligibility and amounts will not
Condominiums and Co-ops. If you
are filing the NJ-1040 under an exten-
be available until the State Budget for
sion, by the extended due date. If you rent a condominium unit or a unit in a
fiscal year 2010 has been adopted.
are filing only Form TR-1040, see cooperative housing complex, you are
considered a tenant for purposes of ap-
“Rebate Only Filers” below.
Seniors or Blind/Disabled Persons. If
plying for the rebate. If you are a resident
Rebate Only Filers. A tenant who is you (or your spouse/civil union partner
shareholder of a cooperative housing
if filing a joint return) were 65 years of
not required to file a New Jersey income complex or you own a condominium and
age or older or blind or disabled on the
tax return (because of income below the you pay property taxes on your unit, you
last day of the tax year, and your gross
minimum filing threshold) and meets are considered a homeowner for purposes
income on Line 28 is $20,000 or less
the qualifications for a tenant homestead of applying for the rebate.
rebate may file only Form TR-1040 to ($10,000 if filing status is single or mar-
claim a rebate. It is not necessary to Continuing Care Communities. If you ried/CU partner, filing separate return),
file the NJ-1040 along with the tenant and you are eligible for a property tax
are a resident of a continuing care retire-
rebate application. These residents have credit in the amount of $50, ($25 if fil-
ment community and your continuing
ing status is married/CU partner, filing
until November 2, 2009, to file Form care contract requires you to bear the
separate return and you maintain the same
TR-1040. proportionate share of property taxes at-
residence as your spouse/civil union part-
tributable to your unit, you are considered
Part-Year Residents. A part-year resi- a homeowner for purposes of applying for ner) this credit will automatically be sent
dent who rented a principal residence on to you with your rebate. If you are filing
the rebate.
October 1, 2008, and meets all the eligi- Form NJ-1040, do not complete Line 36c
Homeowners should not
bility requirements qualifies for a tenant to claim a property tax deduction or
file the rebate application
rebate. Part-year residents must enter Line 48 to claim a property tax credit.
in this booklet. Applica-
their full-year income from all sources on
Line 9 of Form TR-1040. tions for the homeowner rebate are ex-
Identification Section
pected to be mailed at the end of April.
Married/CU Partner, For more information on whether you are Name and Address
Filing Separate Return. considered a homeowner or a tenant, con- Rebate Only Filers. If you are filing only
If your filing status is mar- tact the Division’s Customer Service the tenant homestead rebate application,
ried/CU partner, filing separate return and Center. place the peel-off label from the front of
you maintain the same principal residence
this booklet in the name and address sec-
as your spouse/civil union partner, you
Rebate Amount tion at the top of the application. Do not
must combine your gross income with
use the label if any of the information
your spouse’s/civil union partner’s gross The Division of Taxation will calculate
is incorrect. If your label contains inac-
income when applying for the rebate. the amount of your rebate based on the
curate information or you do not have a
Neither you nor your spouse/civil union information you provide. The amount
label, print or type your name (last name
partner can receive more than one-half of of your rebate is determined by your in-
first), complete address, and zip code in
the rebate that you would receive if you come, filing status, and whether you were
the spaces provided. Also include your
filed a joint return. Both you and your age 65 or older or eligible to claim an ex-
spouse’s/civil union partner’s name if fil-
spouse/civil union partner must file Form emption as blind or disabled for tax year
ing jointly.
TR-1040 to be eligible to receive up to 2008. Rebate amounts and qualifications
one-half of the rebate. for eligibility are subject to restrictions Income Tax With Rebate Filers. If you
due to State budgetary constraints. are filing Form TR-1040 with your Form
Principal Residence. A principal resi-
NJ-1040, it is necessary to complete only
dence means a homestead, actually and The State Budget for fiscal year 2009
the name and social security number por-
continually occupied as your permanent imposed restrictions on homestead rebate
tion of the identification section of Form
residence. No rebate will be granted for a eligibility and amounts. Under those limi-
TR-1040.
vacation home or a “second home.” tations, for tax year 2007 (rebates paid
in 2008), eligible tenants who were age If your address has changed, complete
Mobile Homes. If you own or rent a mo- 65 or older or disabled received rebates the address portion of the identification
bile home which is located in a mobile ranging from a minimum of $160 up to section.
home park, you are considered a tenant a maximum of $860, and eligible tenants
for purposes of applying for the rebate. under age 65 and not disabled received
Social Security Number
For more information on mobile homes, rebates of $80. For tax year 2008 (rebates
Your social security number(s) is not
contact the Division’s Customer Service to be paid in 2009), those restrictions may
printed on your name and address label.
Center. or may not apply. Information on 2008
You must enter your social security
continued
ALL PROPERTY TAX RELIEF PROGRAM INFORMATION IS SUBJECT TO CHANGE

3. 2008 Tenant Homestead Rebate Application
48
Identification Section ­ continued
number(s) in the space provided on the household for Federal purposes. You may digits 01 for the first day of the month
application, one digit in each box. If your also qualify to file as head of household if and ending with the digits 31 for the last
filing status is married/CU couple, filing you are no longer eligible to file as quali- day of the month. Place the correct num-
joint return, remember to report both fil- fying widow(er)/surviving CU partner ber for the beginning and ending dates
ers’ numbers in the order in which the and you have not remarried or entered directly in the boxes containing the letter
names are listed on the application. into a new civil union. “D,” one digit in each box.
Qualifying Widow(er)/Surviving CU
If you (or your spouse/civil union partner) For calendar year filers the year should
Partner. If your spouse/civil union part-
do not have a social security number, see be entered as 08 and the numbers placed
“Social Security Number” on page 16 for ner died during the year, you are con- directly in the boxes containing the letter
more information. sidered married/in a civil union for that “Y,” one digit in each box. Fiscal year
entire year and you may file a joint return filers should enter the appropriate year in
for yourself and your deceased spouse/ the “Y” boxes.
County/Municipality Code
civil union partner provided you did not
Enter your four-digit county/municipal-
remarry or enter into a new civil union Tenant on October 1, 2008
ity code, one digit in each box, from the
before the end of the year. You may be (Line 7)
table on page 51. This code identifies the
eligible to use the filing status qualify-
county and municipality of your current If you rented and occupied an apartment
ing widow(er)/surviving CU partner for
residence. The county and municipality or other rental dwelling in New Jersey as
each of the two tax years after the year
codes in these instructions are for Divi- your principal residence on October 1,
in which your spouse/civil union partner
sion of Taxation purposes only. 2008, fill in “Yes” and continue complet-
died if you pay more than one-half of the
ing the application. If you answer “No”
cost of keeping up a home for yourself
If the local name of the place where you here, you are not eligible for a 2008
and at least one child, stepchild, adopted
live is not listed, go to www.state.nj.us/ homestead rebate as a tenant. Do not
child, or foster child who qualifies as your
infobank/locality.htm for a listing of lo- file Form TR-1040.
dependent.
cal names in the State and the county and
municipality in which they are located. Note: If you owned and occupied a home
Married/Civil Union Couples. You may
in New Jersey that was your principal
use the filing status “Married/CU couple,
Filing Status (Lines 1 - 5) residence on October 1, 2008, you may be
filing joint return” or “Married/CU part-
eligible for a homestead rebate as a home-
You must use the same filing status on ner, filing separate return” only if you
owner. Applications are expected to be
your tenant rebate application as you do were married or a partner in a civil union
mailed to homeowners at the end of April.
for your New Jersey Resident Income Tax on the last day of the tax year. If you were
Return (Form NJ-1040). If you do not file a member of a domestic partnership reg-
Age 65 or Older, Blind, or
Form NJ-1040, use the same filing status istered in New Jersey, you are not consid-
as you would have used if you had filed Disabled (Line 8)
ered a married/civil union couple and you
the tax return. Indicate the appropriate fil- may not use these filing statuses. If you (or your spouse/civil union partner
ing status. Fill in only one oval. if filing a joint return) were 65 years of
For more information on filing status, age or older or blind or disabled on the
Single. Your filing status is single if you request Tax Topic Bulletin GIT-4, Filing last day of the tax year, fill in only one
are unmarried or not a partner in a civil Status. oval at Line 8 as follows:
union on the last day of the tax year and
you do not qualify for head of household
NJ Residency Status (Line 6) If you (or your spouse/civil union part-
♦
or qualifying widow(er)/surviving CU ner) were 65 or older, fill in the oval to
If you were a New Jersey resident for
partner status. Partners in a civil union the left of “Age 65 or older.”
only part of the taxable year, list the
may not use the filing status single.
month, day, and year your residency be- If you (or your spouse/civil union part-
♦
gan and the month, day, and year it ended.
Head of Household. Your filing status ner) were 65 or older and you (or your
All months should be listed as two-digit
is head of household if you are unmar- spouse/civil union partner) were also
numbers with the digits 01 for January,
ried or not a partner in a civil union on blind or disabled, fill in the oval to the
02 for February, 03 for March, etc. Place
the last day of the year and pay more left of “Age 65 or older.”
the correct number for the beginning and
than one-half of the cost of keeping up If you (and your spouse/civil union
♦
ending months directly in the boxes con-
a home for yourself and at least one de- partner) were under 65, and you (or
taining the letter “M,” one digit in each
pendent. Certain married individuals/civil your spouse/civil union partner) were
box.
union partners living apart may file as blind or disabled, fill in the oval to the
head of household for New Jersey if they left of “Blind or disabled.”
The days of the months should be listed
meet the requirements to file as head of
as two-digit numbers beginning with the
continued
ALL PROPERTY TAX RELIEF PROGRAM INFORMATION IS SUBJECT TO CHANGE

4. 2008 Tenant Homestead Rebate Application 49
Identification Section ­ continued
If you (and your spouse/civil union
♦
Tax-Exempt, Subsidized, and Campus Housing
partner) do not meet the age or disabil-
One of the qualifications for the New Jersey homestead rebate is that property taxes
ity qualifications, fill in the oval to the
be paid on the applicant’s principal residence, either directly or through rent. Thus,
left of “Not 65 or blind or disabled.”
tenants living in dwellings which are not subject to local property taxes are not eligible
Fill in the “Age 65 or older” oval, or the for the rebate. This includes:
“Blind or disabled” oval only if you or ♦ Tenants living in dwellings owned by the State, County, Municipal, or Federal
your spouse/civil union partner meet Government;
the qualifications; they do not apply to ♦ Students living in on-campus apartments at State colleges and universities;
your dependents or domestic partner. ♦ Tenants living in dwellings owned by a religious, charitable, or other nonprofit
organization (including on-campus apartments at private, nonprofit colleges and
Proof of Age. The first time you (or your
universities), if the property is exempt from property taxes; and
spouse/civil union partner) file a tenant
♦ Tenants living in dwellings on which P.I.L.O.T. (Payments-in-Lieu-of-Tax) pay-
rebate application and indicate that you
ments are made to the municipality. These payments are not considered property
(or your spouse/civil union partner) are
taxes for purposes of the homestead rebate.
65 years of age or older you must enclose
Do not complete the tenant homestead rebate application (Form TR-1040) if
proof of age such as a copy of a birth
the dwelling you rent is not subject to local property taxes; you do not qualify
certificate, driver’s license, or church
for a rebate. If you are not sure whether the dwelling you rent is subject to
records.
local property taxes, contact your municipal tax assessor for information. The
Proof of Disability. Disabled means total Division of Taxation audits returns to ensure that only qualified applicants
and permanent inability to engage in any receive rebates.
substantial gainful activity because of any
physical or mental impairment, includ-
Line 11 - Total Gross Income
income for the entire year did not exceed
ing blindness. The first time you (or your the minimum filing threshold, you don’t Add Lines 9 and 10 and enter the result
spouse/civil union partner) file a tenant need to provide your income. Enter “0” on Line 11.
rebate application and indicate that you on Line 9 of your tenant rebate applica-
(or your spouse/civil union partner) are tion. Also enter “0” if you filed a return Note: If the amount on Line 11 is more
blind or disabled you must enclose a copy and the amount of your gross income on than $100,000, you are not eligible for
of the doctor’s certificate or other medi- Line 28 did not exceed the minimum fil- a 2008 tenant homestead rebate. Do not
cal records evidencing legal blindness ing threshold. complete Form TR-1040.
or total and permanent disability. This
information need not be submitted each
Line 10 - Spouse’s/CU Line 12 - Address
year providing there is no change in your
Partner’s Gross Income Enter on Line 12 the street address (in-
condition.
cluding apartment number) and muni-
If the filing status on your 2008 New
cipality of the rental property in New
Jersey income tax return is married/CU
Application Section Jersey that was your principal residence
partner, filing separate return, and you
on October 1, 2008. Do not use a PO
Line 9 - Gross Income and your spouse/civil union partner main-
Box address. Complete this line even if
tain the same principal residence, fill in
Enter on Line 9 the amount of income
the physical location of the residence for
the oval and enter on Line 10 the amount
reported on Line 28 of your 2008 New
which you are applying for the rebate is
of income reported on Line 28 of your
Jersey income tax return, Form NJ-1040.
the same as your mailing address.
spouse’s/civil union partner’s New Jersey
If you did not complete Form NJ-1040,
income tax return, Form NJ-1040. If your
enter on Line 9 the same income as you
Note: If you owned the home that was
spouse/civil union partner did not com-
would have reported on Line 28 if you
your principal residence in New Jersey on
plete Form NJ-1040, enter on Line 10 the
had filed the tax return. Part-year resi-
October 1, 2008, do not complete Form
same income as your spouse/civil union
dents must enter their income from all
TR-1040 to apply for the homestead rebate.
partner would have reported on Line 28
sources for the entire year.
Applications are expected to be mailed to
if a tax return had been filed. Enter “0” if
homeowners separately at the end of April.
your spouse’s/civil union partner’s gross
Note: Social Security and Railroad Retire-
income did not exceed the minimum fil-
ment benefits are exempt from New Jersey
Line 13 - Rent
ing threshold. Part-year residents must
income tax and should not be reported as
enter their spouse’s/civil union part-
income on Line 9. Enter on Line 13 the total amount of rent
ner’s income from all sources for the you (and your spouse/civil union partner)
Rebate Only Filers. If you were not re- entire year. paid during the year on the residence indi-
quired to file a return because your gross cated at Line 12. Rent is the amount paid
continued
ALL PROPERTY TAX RELIEF PROGRAM INFORMATION IS SUBJECT TO CHANGE

5. 2008 Tenant Homestead Rebate Application
50
Application Section - continued
Signatures
to your landlord for the right to occupy civil union partner) and shared the rent
your residence, not including any security with them for the rental property indi-
Rebate Only Filers. Sign and date your
deposit, or charges for late rent payments. cated at Line 12. (For example, you and
tenant rebate application in ink. Both hus-
Report only the actual amount you paid your daughter lived together and shared
band and wife/civil union partners must
out of pocket. Do not include any amount the rent for the apartment where you lived
sign a joint application. The signature(s)
October 1, 2008.) If you answer “Yes,”
paid under the Federal Housing Choice
on the form you file must be original;
you must complete Lines 15a through
Voucher (Section 8) Program.
photocopied signatures are not accept-
15c. If you (and your spouse/civil union
able. An application without the proper
Spouses/civil union partners filing sepa- partner) were the sole tenant(s), fill in
signatures cannot be processed and will
rate returns who maintain the same prin- “No.”
be returned to you. This may result in a
cipal residence must each enter on their
delay in payment of your rebate.
rebate application the total amount of rent Lines 15a - 15c
they paid on the rental property indicated
Do not complete Lines 15a through 15c For information about authorizing the Di-
at Line 12. Each spouse/civil union part-
unless you answered “Yes” at Line 15. vision of Taxation to discuss your return
ner is then eligible to receive one-half the
and enclosures with your paid preparer,
calculated rebate.
Line 15a - Number of Tenants see “Preparer Authorization” on page 15.
If you had more than one New Jersey res- Enter on Line 15a the number of tenants,
Where to Send Your
idence during the year, enter on Line 13 including yourself, who shared the rent
only the total rent you (and your spouse/ during the period indicated at Line 14.
Application
civil union partner) paid on the rental For this purpose you and your spouse/
Rebate Only Filers. If you are filing only
property you occupied on October 1, civil union partner are considered one
the tenant homestead rebate application,
2008. tenant.
use the large return envelope to file Form
Note: If you are not sure whether the TR-1040. Use the return address label
Line 15b - Tenants’ Names
located on the envelope flap of the large
dwelling you rent is subject to local prop-
and Social Security Numbers envelope addressed to:
erty taxes, contact your municipal tax as-
Enter the name(s) and social security
sessor for information.
number(s) of all other tenants who shared State of New JerSey
the rent (other than your spouse/civil DiviSioN of taxatioN
Line 14 - Number of Days in
union partner). If the spaces provided are reveNue ProceSSiNg ceNter
the Residence not sufficient, list the required informa- Po Box 197
Enter on Line 14 the number of days tion for each additional tenant on a sepa- treNtoN NJ 08646-0197
during 2008 that you (and your spouse/ rate sheet of paper and enclose it with
civil union partner) occupied the rental Income Tax With Rebate Filers. If you
your tenant rebate application.
property indicated at Line 12. If you lived are filing both Form NJ-1040 and Form
there for all of 2008, enter 366. TR-1040, mail your tenant homestead
Line 15c - Total Rent
rebate application in the same envelope
Enter on Line 15c the total amount of rent
Line 15 - Multiple Tenants together with your income tax return. See
paid by all tenants (including yourself)
“Where to Send Your Return” on page 13.
Fill in “Yes” at Line 15 only if you lived for the period indicated at Line 14.
with someone (other than your spouse/
continued
ALL PROPERTY TAX RELIEF PROGRAM INFORMATION IS SUBJECT TO CHANGE