LLC Taxes & FeesNJ

New Jersey LLC Taxes: How Your LLC Is Actually Taxed in 2026

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7 min read1,550 words
DR
CPA · Small Business Compliance Specialist

Quick Answer

Short version: a New Jersey LLC does not pay state income tax itself by default. It is a pass-through entity, so its profit flows to the members' personal returns and is taxed at New Jersey's graduated Gross Income Tax rate — 1.4% up to 10.75% on income over $1,000,000. Multi-member LLCs with 3+ owners taxed as a partnership also owe a separate $150-per-owner filing fee. On top of that, New Jersey offers an optional entity-level election called BAIT (Business Alternative Income Tax) that some LLCs use instead. If you elect to have the LLC taxed as a corporation, none of this applies — it pays the Corporation Business Tax instead, at 6.5%-9%.

Key Takeaways

  • A New Jersey LLC owes no state income tax itself by default — it is pass-through
  • Members report their share of LLC profit on their personal NJ-1040 and pay 1.4% to 10.75%, the top rate starting at $1,000,000
  • The $150-per-owner partnership filing fee is separate from income tax and only hits LLCs taxed as partnerships with 3+ owners
  • BAIT is an optional entity-level election (Form PTE-100) that lets the LLC pay New Jersey tax itself instead of the members paying it directly
  • BAIT rates run 5.675% to 10.9% across three tiers of the entity's total distributive proceeds, elected annually by the PTE-100 due date
  • Electing corporate tax treatment replaces all of this with the Corporation Business Tax: 6.5%-9% depending on income
  • New Jersey sales tax is a flat 6.625% if the LLC sells taxable goods or services
ItemCost/DetailsNotes
NJ income tax on LLC members — lowest bracket1.4%Taxable income $0-$20,000
NJ income tax on LLC members — top bracket10.75%Taxable income over $1,000,000
Partnership filing fee$150/ownerLLCs taxed as partnerships with 3+ owners; max $250,000
BAIT rate — lowest tier5.675%First $250,000 of distributive proceeds
BAIT rate — top tier10.9%Distributive proceeds over $1,000,000
Corporation Business Tax — lowest tier6.5%Entire net income of $50,000 or less, if corp-elected
Corporation Business Tax — top tier9%Entire net income over $100,000, if corp-elected
State sales tax6.625%On taxable retail sales, if applicable

The Default: Pass-Through Taxation

If you are trying to figure out what your New Jersey LLC actually owes in tax, the first thing to know is that the LLC itself is not the taxpayer — you are. By default, a New Jersey LLC is a pass-through entity: the LLC files no state income tax return of its own, and its profit passes straight through to the members, who report their share on their personal returns and pay tax on it individually.

The short version: no entity-level income tax by default, members taxed personally at New Jersey's graduated rate, and two optional elections — BAIT and corporate treatment — that change the picture if you choose them.

That default holds regardless of how the LLC is classified federally: a single-member LLC is a disregarded entity, and a multi-member LLC is taxed as a partnership unless it files an election to be taxed as a corporation. New Jersey follows the federal classification for income tax purposes.

New Jersey Income Tax on LLC Members

New Jersey's Gross Income Tax is graduated, not flat. The NJ Division of Taxation's current tax rate schedule, read September 17, 2026, gives these brackets for single filers:

Taxable IncomeRate
$0 – $20,0001.4%
$20,001 – $35,0001.75%
$35,001 – $40,0003.5%
$40,001 – $75,0005.525%
$75,001 – $500,0006.37%
$500,001 – $1,000,0008.97%
Over $1,000,00010.75%

This is the same personal income tax schedule that applies to wages — your share of LLC profit is added to your other income and taxed at these rates. Married-filing-jointly and head-of-household filers use a slightly different schedule at the lower brackets, but the 10.75% top rate above $1,000,000 is the same for every filing status.

Source and read date: these brackets are the NJ Division of Taxation's New Jersey Tax Rate Schedules (nj.gov/treasury/taxation, Table A for single filers) — verified against that page on September 17, 2026.

What this means day to day: because the LLC does not withhold this tax for you the way an employer would, most members need to make quarterly estimated payments (Form NJ-1040-ES) so they are not hit with an underpayment charge at filing time.

The $150-Per-Owner Partnership Fee

Separate from income tax, an LLC taxed as a partnership with more than two owners and New Jersey-source income owes a $150-per-owner partnership filing fee when it files Form NJ-1065, capped at $250,000. Single-member LLCs and two-owner LLCs owe none of it. This fee is not a tax on income — it is a flat charge per owner, and it is covered in full, with the annual report and formation costs, in our New Jersey LLC costs guide.

Source and read date: the $150-per-owner amount, the more-than-two-owners threshold, and the $250,000 cap are stated on the NJ Division of Taxation's Prepayment of Partnership Filing Fee page (nj.gov/treasury/taxation) — verified against that page on September 17, 2026.

BAIT: The Optional Entity-Level Election

New Jersey also offers an election most LLC owners have never heard of until their accountant mentions it: the Pass-Through Business Alternative Income Tax, known as BAIT. It lets a partnership, a New Jersey S corporation, or an LLC classified as either — with at least one member who is an individual, estate, or trust — elect to have the entity itself pay New Jersey tax, instead of the tax landing on the members' personal returns. Single-member LLCs are not eligible.

The current PTE-100 return's BAIT rate table applies these three tiers to the entity's total distributive proceeds:

Distributive ProceedsBAIT Rate
$0 – $250,0005.675%
$250,000 – $1,000,0006.52%
Over $1,000,00010.9%

Source and read date: these three tiers are the current rate table published on the NJ Division of Taxation's Pass-Through Business Alternative Income Tax (BAIT) page (nj.gov/treasury/taxation/baitpte) and the 2025 PTE-100 return instructions' own rate chart — verified against both on September 17, 2026.

Members then claim a refundable credit on their own NJ return for their share of the tax the entity already paid. The election is made annually — the Division's BAIT page states it is due on or before the original due date of the entity's Form PTE-100, which is March 15 for calendar-year filers. If the entity expects to owe more than $400, it also has to make quarterly estimated payments on Form PTE-150, due April 15, June 15, September 15, and January 15.

Source and read date: the election deadline and the $400 estimated-payment threshold are stated on that same nj.gov/treasury/taxation/baitpte page — verified on September 17, 2026.

Not a default decision: BAIT exists mainly as a workaround for the federal cap on deducting state and local taxes. Whether it saves your LLC money depends on the members' individual tax situations, not just the LLC's. This is a real strategy question worth taking to a CPA, not something to elect because it sounds like it might help.

Electing Corporate Tax Instead

An LLC can also file an election to be taxed as a corporation for federal and New Jersey purposes. Do that, and pass-through taxation stops applying entirely — the LLC instead files and pays New Jersey's Corporation Business Tax on its own return. The NJ Division of Taxation's Corporation Business Tax Overview sets the rate at 6.5% on entire net income of $50,000 or less, 7.5% on entire net income between $50,000 and $100,000, and 9% on entire net income above $100,000, allocated to New Jersey.

Source and read date: these three rates and thresholds are stated on nj.gov/treasury/taxation/corp_over.shtml — verified against that page on September 17, 2026.

This is a deliberate, fairly permanent choice, not a box to check by accident — most small LLCs stay pass-through. It is worth knowing it exists mainly so you recognize the term if a tax preparer raises it.

Sales Tax, If You Sell Taxable Goods or Services

If your LLC sells taxable goods or services, New Jersey's sales tax is separate from all of the above. The NJ Division of Taxation's Sales and Use Tax page states: "New Jersey assesses a 6.625% Sales Tax on sales of most tangible personal property, specified digital products, and certain services unless specifically exempt under New Jersey law."

Source and read date: quoted directly from nj.gov/treasury/taxation/businesses/salestax — verified against that page on September 17, 2026.

Bottom Line

Bottom line: a New Jersey LLC does not pay state income tax by default — its members do, at 1.4% to 10.75% on their personal returns. A 3+ owner partnership-taxed LLC also owes the $150-per-owner filing fee. BAIT and corporate election are both optional, both change who pays and how, and neither is something to assume you need without checking the numbers for your own situation.

For the full annual cost picture — formation fee, annual report, and the partnership fee all in one table — see New Jersey LLC Costs 2026. To keep the LLC itself in good standing beyond taxes, check New Jersey registered agent requirements.

This article is for informational purposes only and does not constitute legal or tax advice. Verify current figures with the NJ Division of Taxation and consider a CPA for BAIT or corporate-election decisions specific to your LLC.

Frequently Asked Questions

Does a New Jersey LLC pay state income tax?

Not directly, by default. A standard New Jersey LLC is a pass-through entity, so the LLC itself files no income tax return with New Jersey. Its profit passes through to the members, who report their share on their personal NJ-1040 and pay New Jersey's graduated Gross Income Tax, 1.4% to 10.75%. The LLC only pays its own entity-level tax if it elects BAIT or elects corporate tax treatment.

What is the New Jersey LLC tax rate?

There is no single flat rate — it is graduated. Per the NJ Division of Taxation's current tax rate schedule (read September 17, 2026), single filers pay 1.4% on the first $20,000, rising through 1.75%, 3.5%, 5.525%, 6.37%, and 8.97%, up to 10.75% on taxable income over $1,000,000. LLC members pay these rates on their share of the LLC's profit, the same as any other personal income.

What is BAIT and should my LLC elect it?

BAIT (Business Alternative Income Tax) is an optional New Jersey election that lets a partnership, NJ S corporation, or LLC taxed as either pay New Jersey tax at the entity level instead of members paying it directly. The NJ Division of Taxation's Pass-Through Business Alternative Income Tax page, nj.gov/treasury/taxation/baitpte, read September 17, 2026, and the current PTE-100 return instructions (nj.gov/treasury/taxation, PTE-100 form instructions, read September 17, 2026) set the rate at 5.675% on the first $250,000 of distributive proceeds, 6.52% on the next tier up to $1,000,000, and 10.9% above $1,000,000. Members then claim a refundable credit for their share. It is single-member-LLC-ineligible and is a real tax strategy question — the kind worth a CPA's input, not a default to assume you need.

When does a New Jersey LLC have to elect BAIT, and are there estimated payments?

The NJ Division of Taxation's BAIT FAQ (read September 17, 2026) states the annual election is due on or before the original due date of the entity's PTE-100 return — March 15 for calendar-year filers. If the entity expects to owe more than $400, it must also make quarterly estimated payments (Form PTE-150), due April 15, June 15, September 15, and January 15 for calendar-year filers.

Does the $150-per-owner fee apply to every New Jersey LLC?

No. It only applies to LLCs taxed as partnerships that have more than two owners and New Jersey-source income, filing Form NJ-1065. Single-member LLCs and two-owner LLCs owe none of it. It is a separate fee from income tax and from the $75 annual report — see our New Jersey LLC costs guide for the full fee breakdown.

What if my LLC elects to be taxed as a corporation?

Then none of the pass-through rules above apply — the LLC instead pays New Jersey's Corporation Business Tax on its own return. Per the NJ Division of Taxation's Corporation Business Tax overview (read September 17, 2026), the rate is 6.5% on entire net income of $50,000 or less, 7.5% between $50,000 and $100,000, and 9% above $100,000, allocated to New Jersey.

Official Source

For the most up-to-date information, always verify requirements with the official New Jersey Secretary of State website:

https://www.nj.gov/treasury/taxation/

Important Disclaimer

This article is for informational purposes only and does not constitute legal advice. LLC requirements, fees, and deadlines change frequently. Always verify current requirements with your state's Secretary of State office before making business decisions.

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