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New Jersey LLC · Step 8 of 8 · Verified July 2026

New Jersey LLC Taxes Explained: 1.4%–10.75% + Partner Tax (2026)

New Jersey's graduated income tax runs up to 10.75% — but the real budgeting surprise for most multi-member LLCs is the separate $150-per-member LLC Partner Tax. Here's every layer, with an estimator and the BAIT election that can offset the federal SALT cap.

Ahmad Adil Written & verified by Ahmad Adil, LLC School·Updated July 2026
Quick Answer

A default New Jersey LLC is a pass-through: profits land on your personal return at New Jersey's graduated 1.4%–10.75% income tax — the top rate applies only above $1 million in taxable income. Add 15.3% federal self-employment tax. Multi-member LLCs (2+ owners) owe the separate LLC Partner Tax: $150 per member per year, filed with the NJ-1065 return, capped at $250,000 per entity — single-member LLCs are exempt. Sellers collect 6.625% sales tax (flat, no local add-ons). New Jersey offers the Business Alternative Income Tax (BAIT), an entity-level SALT-cap workaround. Note: New Jersey doesn't allow deductions for IRA/401(k) contributions on the state return.

NJ LLC Tax Fast Facts
State income tax
1.4%–10.75% graduated
Top bracket threshold
Above $1M taxable income
LLC Partner Tax
$150/member/yr (multi-member only)
Single-member LLC Partner Tax
Exempt
Sales tax
6.625% flat — no local
Retirement deductions (IRA/401k)
Not allowed on NJ return

The Tax Layers in New Jersey

1

Federal: income + self-employment tax

Pass-through profits hit your 1040 at your federal bracket, plus 15.3% SE tax on 92.35% of net profit — usually the biggest line.

2

New Jersey state income tax: graduated 1.4%–10.75%

Multiple brackets, with the top 10.75% rate — one of the highest in the country — applying only above $1 million in taxable income.

3

LLC Partner Tax: $150/member (multi-member only)

A distinctly New Jersey requirement, separate from the annual report and separate from income tax — see below for full detail.

4

Sales tax: 6.625% (if applicable)

Flat statewide, zero local add-ons. See Step 7.

Estimate Your Combined Bill

New Jersey LLC Tax Estimator

Graduated 1.4%\u201310.75% · educational estimate

$100,000
Marginal NJ Bracket
Estimated Annual Total
Models SE tax (15.3% on 92.35% of profit), New Jersey's graduated 2026 brackets, and the LLC Partner Tax for multi-member LLCs. Excludes federal income tax, deductions, credits, and QBI. Educational only — confirm with a New Jersey CPA.

The LLC Partner Tax, in Detail

This is separate from the $75 annual report — budget for both. Multi-member LLCs (2 or more owners) pay $150 per member per year, filed with the NJ-1065 partnership return, not the annual report filing. A 2-member LLC owes $300/year in Partner Tax; a 4-member LLC owes $600/year. The fee is capped at $250,000 per entity for very large partnerships. Single-member LLCs are completely exempt — this tax only applies once you have a second owner.

The BAIT SALT-Cap Workaround

New Jersey's Business Alternative Income Tax (BAIT), also called PTET, lets eligible LLCs, partnerships, and S-corporations elect to pay New Jersey tax at the entity level instead of the personal level. Because the entity pays it, the payment becomes deductible on the federal partnership return — a workaround to the federal $10,000 SALT cap. 2026 BAIT rates are graduated from 5.675% to 10.9% based on distributive proceeds. Members then receive a refundable credit on their individual NJ Gross Income Tax returns for their share. The election is annual, made by March 15 (or the 15th day of the third month after fiscal year-end) — this is a real, valuable election for higher-income multi-member LLCs, worth discussing with a CPA well before the deadline.

The Retirement Deduction Gap

Here's a New Jersey quirk that catches people off guard: the state does not allow deductions for IRA, 401(k), or SEP-IRA contributions on the New Jersey Gross Income Tax return. This is a significant departure from federal rules and most other states — if you're making large retirement contributions expecting the same state tax benefit you'd get federally, New Jersey doesn't follow that rule, which increases your effective state tax liability relative to what a federal-only calculation would suggest.

The S-Corp Question (~$60–80K Profit)

An S-Corp election changes federal taxation only: reasonable salary (payroll-taxed) plus distributions that escape the 15.3% SE tax. File Form 2553 — never Form 8832, which is the C-Corp election. Break-even lands around $60–80K of consistent profit after payroll and accounting costs. Distributions still face New Jersey's graduated income tax as income — the election shields SE tax, not state income tax. Run your numbers in the S-Corp election guide.

Your New Jersey Tax Calendar

DateWhat's Due
Mar 15BAIT election deadline (if electing) + Form 1065 + K-1s (multi-member)
Anniversary monthAnnual report to the Division of Revenue ($75, online only)
With NJ-1065LLC Partner Tax ($150/member — multi-member LLCs only)
Apr 15Form 1040 + NJ Gross Income Tax return
Monthly/QuarterlySales tax returns via the NJ Division of Taxation

Ahmad Adil's Take: New Jersey's top 10.75% rate gets the headlines, but for most LLC owners the number that actually changes your budget is the LLC Partner Tax — it's the one detail I see multi-member founders miss most often in this state, because it's filed with your tax return rather than your annual report, so it doesn't show up where you'd naturally expect a "state fee" to appear. If you're forming with co-founders, multiply $150 by your member count and add it to your annual planning from day one. On the flip side, if your income is genuinely high, the BAIT election is worth real money and most solo founders skip researching it simply because they assume it's a big-business tool — it isn't, it applies to ordinary multi-member LLCs too. Talk to a New Jersey CPA about both before your first tax season.

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Frequently Asked Questions

New Jersey LLC — FAQ

How are New Jersey LLCs taxed by default?
As pass-throughs. Single-member LLCs report on the owner\u2019s Schedule C; multi-member LLCs file Form 1065 and issue K-1s. Owners pay federal income tax, 15.3% self-employment tax, and New Jersey\u2019s graduated 1.4%\u201310.75% income tax. Multi-member LLCs also owe the separate LLC Partner Tax.
What is New Jersey\u2019s income tax rate for 2026?
A graduated rate from 1.4% to 10.75%, with the top rate applying only to taxable income above $1 million \u2014 one of the highest top marginal rates in the country, though most LLC owners fall well below that threshold.
What is the New Jersey LLC Partner Tax?
A separate $150-per-member annual fee owed by multi-member LLCs (2+ owners), filed with the NJ-1065 partnership return \u2014 distinct from the $75 annual report. It\u2019s capped at $250,000 per entity. Single-member LLCs are completely exempt.
Does New Jersey have a franchise tax on LLCs?
No franchise tax on default pass-through LLCs. The Corporation Business Tax (up to 11.5%, the highest in the nation) applies only if an LLC elects corporate taxation \u2014 rare for small businesses.
What is New Jersey\u2019s BAIT election?
The Business Alternative Income Tax lets eligible LLCs pay New Jersey tax at the entity level (graduated 5.675%\u201310.9% for 2026) instead of the personal level, working around the federal $10,000 SALT cap. Members get a refundable credit on their individual returns. The election is annual, due March 15.
Can I deduct 401(k) or IRA contributions on my New Jersey tax return?
No \u2014 New Jersey does not allow deductions for IRA, 401(k), or SEP-IRA contributions on the state Gross Income Tax return, a significant departure from federal rules that increases effective state tax liability for high retirement-savers.
When should a New Jersey LLC elect S-Corp status?
Generally once profit consistently clears $60,000\u2013$80,000, where SE-tax savings on distributions outrun payroll and accounting costs. File Form 2553 (not Form 8832). Distributions still face New Jersey\u2019s graduated income tax \u2014 the election shields SE tax, not state income tax.
Ahmad Adil, founder of LLC School
About the Author
Ahmad Adil

Ahmad Adil is the founder and CEO of LLC School. The figures here — the $100 Certificate of Formation (reduced from $125 as of July 2026), the $75 annual report, and New Jersey’s graduated 1.4%–10.75% income tax — reflect current New Jersey Division of Revenue and Enterprise Services guidance. This is educational content, not legal or tax advice.

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