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Disability and family leave through payroll, the ABC test, and NOLs you can sell

Setting up a startup in New Jersey

New Jersey is a high-tax, high-incentive state. Payroll carries state disability and family leave insurance alongside UI, contractors are judged by the ABC test, and the Corporation Business Tax runs to 9% with combined reporting. In return, a startup can sell its New Jersey losses and R&D credits for cash, and its angel investors can claim a refundable credit.

Areas
6
Setup steps
8
Checked
October 13, 2026
New Jersey, raised. Point at a neighbor to compare; click to open its guide.

At a glance

Corporate tax
9% (+2.5% transit fee over $10M)
Tax on wages
1.4%–10.75%
Sales tax
6.625%
Economic nexus
$100,000 or 200 transactions
Minimum wage
$15.92/hr
UI wage base
$44,800
New-employer UI rate
2.8% (UI + workforce funds)
Paid leave program
TDI 0.19% + FLI 0.23% (employee, to $171,100)
Annual report
Anniversary month — $75

2026 figures, each explained with its source on the area’s page. On top of the federal baseline.

Setup, in order

  1. Register the corporation in New Jersey

    Before doing business in New Jersey

    File for a certificate of authority with the Division of Revenue and Enterprise Services ($100), naming a New Jersey registered agent.

  2. Register for state taxes

    Before the first New Jersey payroll or sale

    Complete Form NJ-REG to open Corporation Business Tax, withholding, unemployment and disability accounts, and sales tax if needed.

  3. Report new hires and contractors

    Within 20 days

    Report each new employee, and each independent contractor working in New Jersey, to the State Directory of New Hires.

  4. Choose state or private TDI and FLI

    Before the first New Jersey payroll

    TDI and Family Leave Insurance run through the state plan by default; an employer may instead use an approved private plan.

  5. Register with Jersey City or Newark

    With payroll in either city

    Register for the city payroll tax if anyone works in Jersey City or Newark.

  6. Buy workers’ compensation insurance

    Before the first New Jersey employee starts

    Workers’ compensation coverage is required for New Jersey employees.

  7. Register to collect sales tax

    On physical presence or economic nexus

    Collect sales tax on taxable sales once deliveries pass $100,000 or 200 transactions.

  8. File the annual report

    Last day of the registration month

    File the $75 annual report with DORES every year.

The six areas

Common questions

Do we owe New Jersey corporate tax if we lost money?

Usually yes, and it starts small. A corporation with nexus in New Jersey files Form CBT-100 even at a loss and pays at least the minimum tax, which is set by New Jersey gross receipts: $500 under $100,000, rising to $2,000 at $1 million or more. A member of an affiliated group with total payroll of $5 million or more pays $2,000 regardless.

Is SaaS taxable in New Jersey?

Generally no. The Division of Taxation treats remotely accessed software as a service as access to software, not a sale of software, so most SaaS charges aren’t subject to sales tax. The exception is SaaS that is an information service, such as a research database. Prewritten software delivered electronically is taxable unless the business-use exemption applies.

Can we pay someone in New Jersey as a contractor?

Not just a 1099. New Jersey uses the ABC test: a worker paid for services is an employee unless the company shows all three of (A) freedom from control, (B) work outside its usual course of business or places of business, and (C) an independently established trade. The Department of Labor adopted regulations codifying its reading of the test in 2026, operative October 1, 2026, and a 1099 or a signed contractor agreement doesn’t change the answer.

Does New Jersey have state disability and paid family leave deductions?

Yes, and both sides pay. In 2026 the employee pays 0.19% for Temporary Disability Insurance and 0.23% for Family Leave Insurance on wages up to $171,100, and 0.425% toward UI and workforce funds on the first $44,800. The employer pays UI (2.6825% for a new employer), 0.1175% to workforce funds and 0.5% TDI on the first $44,800.

When is the New Jersey annual report due?

On the last day of the month the company was formed in or registered to do business in New Jersey, every year, with a $75 fee to the Division of Revenue and Enterprise Services. The state may not send a reminder; failing to file can lead to revocation.

Can a pre-profit startup turn New Jersey NOLs into cash?

Yes. The Technology Business Tax Certificate Transfer Program, run by NJEDA, lets an eligible technology or life sciences company sell unused NOLs and R&D credits to a profitable corporation for at least 80% of their value, up to $20 million over the company’s lifetime. Applications open once a year; the 2026 window ran from May 1 to June 30, with a $1,000 application fee and an approval fee of 1% on awards over $100,000, and NJEDA expects the 2027 cycle to open in early May. With the new $1 million cap on using NOLs against the CBT, selling them can be the faster route to their value.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.