ARTICLE
16 April 2012

New Jersey’s Corporation Business Tax Held Applicable To Foreign Corporations With A Single Employee Telecommuting From New Jersey

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Ogletree, Deakins, Nash, Smoak & Stewart

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Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
In a case of first impression, the Appellate Division held a foreign corporation that regularly and consistently permits one of its employees to telecommute from a New Jersey residence is doing business in New Jersey, is subject to the New Jersey Corporation Business Tax Act, and must file New Jersey Corporation Business Tax returns.
United States Tax

Telebright Corporation v. Director, Division of Taxation, 2012 WL 669964 (App. Div. Mar. 2, 2012): In a case of first impression, the Appellate Division held a foreign corporation that regularly and consistently permits one of its employees to telecommute from a New Jersey residence is doing business in New Jersey, is subject to the New Jersey Corporation Business Tax Act, and must file New Jersey Corporation Business Tax returns.

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