Division of TaxationUse Tax is owed by ³Ô¹ÏºÚÁÏ residents and businesses that buy products out of state, online, or via the mail, and then bring the products to ³Ô¹ÏºÚÁÏ or have them shipped here for their use. When you buy a taxable item or service in ³Ô¹ÏºÚÁÏ, the seller collects ³Ô¹ÏºÚÁÏ Sales Tax from you on the purchase. But if you buy the same item or service from a company located in another state, you may have to pay Use Tax to ³Ô¹ÏºÚÁÏ, even if the out-of-state seller claims your purchase is tax free or collects sales tax for another jurisdiction.
Why Would You Owe Use Tax?
You owe Use Tax if you bought a taxable item or service outside of ³Ô¹ÏºÚÁÏ and:
What Is The Use Tax Rate?
The Use Tax rate is the same as our Sales Tax rate:
How Do You Calculate Use Tax?
You calculate the Use Tax by using the ³Ô¹ÏºÚÁÏ Sales Tax rate effective at the time of purchase. See the rates above.
If you paid no sales tax of any kind on a taxable purchase from an out-of-state company, then the purchase is taxed at the State’s full Sales Tax rate in effect at the time.
Example 1: ³Ô¹ÏºÚÁÏ resident Gabriel bought $1,000 in taxable goods before January 1, 2018, from the catalog of an out-of-state company that collected no sales taxes on the purchase. 6.875% was the ³Ô¹ÏºÚÁÏ Sales Tax rate in effect at the time of purchase.
This is the Use Tax calculation for the purchase:
$1,000 x 0.06785 (6.785% ³Ô¹ÏºÚÁÏ Sales Tax rate due at the time) = $67.85 (Amount of Use Tax owed to ³Ô¹ÏºÚÁÏ)
If you paid sales tax on an out-of-state purchase, but the amount paid to the out-of-state jurisdiction was less than ³Ô¹ÏºÚÁÏ would have collected in tax on the purchase, then you owe ³Ô¹ÏºÚÁÏ Use Tax. To calculate ³Ô¹ÏºÚÁÏ Use Tax on purchases on or after January 1, 2018, do the following:
Multiply the purchase price (including delivery charges) before tax by the ³Ô¹ÏºÚÁÏ Sales Tax Rate in effect at the time. This gives you the amount of tax that would have been charged if the purchase had been made in ³Ô¹ÏºÚÁÏ. Then subtract the amount of sales tax paid out of state from the ³Ô¹ÏºÚÁÏ figure. This will be the amount of Use Tax you owe to ³Ô¹ÏºÚÁÏ.
Example 1: ³Ô¹ÏºÚÁÏ resident Selena went online after January 1, 2021, to buy $1,000 in taxable goods from an out-of-state seller that collected 6% in sales taxes for jurisdictions outside ³Ô¹ÏºÚÁÏ. The seller did not collect ³Ô¹ÏºÚÁÏ taxes.
This is the Use Tax calculation for the purchase:
³Ô¹ÏºÚÁÏ Sales Tax due at the time: $1,000 x 0.06625 (6.625%) = $66.25
Out-of-state sales tax collected: $1,000 X 0.06 (6%) = $60.00
$66.25 - $60 = $6.25 (Amount of Use Tax owed to ³Ô¹ÏºÚÁÏ)
Businesses
You can access the ³Ô¹ÏºÚÁÏ Portal to file and pay Use Tax using Form ST-18B (Sales and Use Tax-Business Use) if your business:
If you do not meet the criteria above you cannot use Form ST-18B, and you must change your business registration to include a quarterly/monthly Sales Tax filing.
Individuals
You may report and pay any Use Tax due for purchases made during the tax year when filing your ³Ô¹ÏºÚÁÏ Resident Income Tax Return
(Form NJ-1040). Keep receipts to document your purchase. If you don't know the exact amount of your purchase, see the Estimated Use Tax Chart to estimate the amount to report.
If you do not file a ³Ô¹ÏºÚÁÏ Income Tax Return, or you would like to pay Use Tax soon after you take possession, you can remit Use Tax using Form ST-18.
| If your ³Ô¹ÏºÚÁÏ Gross Income is: | Use Tax Due is: | |
|---|---|---|
| up to $15,000 | $14 | |
| $15,001 - $30,000 | $44 | |
| $30,001 - $50,000 | $64 | |
| $50,001 - $75,000 | $84 | |
| $75,001 - $100,000 | $106 | |
| $100,001 - $150,000 | $134 | |
| $150,001 - $200,000 | $170 | |
| $200,001 and over | 0852% (.00852) of income, or $494, whichever is less. | |
Common Situations in Which You Might Owe Use Tax:
Example: You purchase taxable office equipment and supplies from an out-of-state seller for use at your ³Ô¹ÏºÚÁÏ place of business. The out-of-state seller is not registered with ³Ô¹ÏºÚÁÏ and did not charge you Sales Tax. ³Ô¹ÏºÚÁÏ Use Tax is due.
Example: On a trip to Delaware, you purchase a couch and do not pay sales tax on the purchase. ³Ô¹ÏºÚÁÏ Use Tax is due.
Example: On a trip to Maine, you purchase an antique desk for $4,000 and pay the 5.5% Maine Sales Tax. Because ³Ô¹ÏºÚÁÏ's tax rate is higher than Maine's, you owe Use Tax for the difference between taxes paid in Maine and what you would have paid had you purchased the item in ³Ô¹ÏºÚÁÏ.
Example: You buy a computer online from a business that does not collect ³Ô¹ÏºÚÁÏ Sales Tax, and it is delivered to you in ³Ô¹ÏºÚÁÏ. You owe Use Tax based on the ³Ô¹ÏºÚÁÏ Sales Tax rate at the time of the purchase.
Example: You send a watch to an out-of-state seller for repair services. The seller charges for the repair services but does not charge Sales Tax and ships the watch back to you in ³Ô¹ÏºÚÁÏ. Use Tax owed is the cost of this repair service plus any charges for shipping and handling, times the ³Ô¹ÏºÚÁÏ Sales Tax rate in effect at the time of the purchase.
More information is available in our publications, ANJ-7 , Use Tax in ³Ô¹ÏºÚÁÏ and ANJ-10 , Out-of-state Sales. Information on mail-order and Internet purchases can be found in publication S&U-5 , Making Mail-Order and Internet Sales.