TB 63(R) 2026

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Definition & Meaning

The TB 63(R) is a technical bulletin issued by the New Jersey Division of Taxation specifically addressing sales and use tax exemptions. It outlines the criteria and conditions under which various health care products are exempt from tax. Items included in these exemptions range from drugs and grooming products to prosthetic devices and durable medical equipment. The document serves as a guide for manufacturers, sellers, and purchasers in understanding the specifics of tax law applications relevant to health care products.

Key Elements of the TB 63(R)

Understanding the core elements of the TB 63(R) can simplify compliance with New Jersey's tax laws. Critical elements include:

  • Exemption Criteria: Detailed explanations of what qualifies products for tax exemption, focusing on the intended use and categories like health care products.
  • Effective Dates: Information on when these exemptions are applicable, allowing businesses to align their tax reporting accurately.
  • Product Examples: Comprehensive lists of both exempt and taxable products to avoid confusion.
  • Guidance for Application: Clarifies how to apply the criteria to specific products, ensuring compliance with taxation requirements.

Steps to Complete the TB 63(R)

  1. Acquire the Form: Obtain the TB 63(R) from the New Jersey Division of Taxation's official website or directly from their local office.
  2. Identify Relevant Products: List health care products your business handles that may qualify for exemption.
  3. Review Exemption Criteria: Cross-check product lists with the exemption criteria outlined in TB 63(R) to determine eligibility.
  4. Document Details: Provide comprehensive documentation for each product, explaining how it meets exemption requirements.
  5. Submit: Collect and submit the form with detailed product lists and supporting documentation according to state guidelines.

Who Typically Uses the TB 63(R)

The TB 63(R) is primarily used by the following groups:

  • Retailers and Suppliers: Entities that sell or distribute health care products within New Jersey use the bulletin to ensure product pricing incorporates accurate tax considerations.
  • Tax Professionals: Accountants and tax advisors utilize it to advise clients on compliance with state tax laws.
  • Health Care Institutions: Hospitals and clinics use the document to verify tax exemptions on purchased medical supplies.
  • Legal Counsels: Attorneys may reference the form when addressing compliance and exemption disputes with taxation authorities.
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Important Terms Related to TB 63(R)

  • Sales Tax: Tax levied on the sale of goods and services.
  • Use Tax: Tax on the use, storage, or consumption of goods in the state, particularly when sales tax has not been paid.
  • Exempt Products: Items not subject to taxation due to their classification under state-defined exemptions.
  • Prosthetic Devices: Assistive devices replacing body parts and typically qualifying for exemptions.
  • Durable Medical Equipment: Long-term use medical items that often qualify for tax exemption.

Legal Use of the TB 63(R)

The TB 63(R) serves as a compliance document, providing legal guidance on sales and use tax exemptions for health care products. Users must refer to it to safeguard against potential legal disputes or penalties due to inaccuracies in tax submission. Businesses and individuals must maintain records that substantiate claims made on the basis of this bulletin. Misinterpretation or improper application can result in audits and financial penalties.

State-Specific Rules for the TB 63(R)

New Jersey's TB 63(R) includes specific rules unique to the state:

  • Qualification Rules: Products must satisfy New Jersey's definitions and conditions to qualify for exemptions.
  • State Exemption Lists: The bulletin contains a state-specific list differentiating between exempt and taxable categories, which may vary from federal guidelines.
  • Documentation Standards: Retain thorough documentation satisfying New Jersey's rigorous standards for claims of exemption.

Penalties for Non-Compliance

Failing to adhere to the guidelines set out in TB 63(R) can result in significant consequences:

  • Financial Penalties: Businesses may incur fines for incorrect application of tax exemptions.
  • Audits: Companies may be subject to auditing if discrepancies are found in exemption claims.
  • Interest Charges: Late filing or incorrect exemption claims can lead to interest being charged on understated tax amounts.

Form Submission Methods (Online/Mail/In-Person)

The TB 63(R) can be submitted through multiple channels:

  • Online: The most efficient method, allowing submission directly through the New Jersey Division of Taxation portal.
  • Mail: Traditional post submission is available for those preferring physical documentation.
  • In-Person: Businesses can submit forms at local Division of Taxation offices.

Each method requires strict adherence to submission guidelines to ensure timely and accurate processing.

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Only OTC drugs and medicines designed for humans are exempt from sales tax. Drugs and medicines for animals, such as flea repellants and de-wormers, are exempt from tax only when purchased with a veterinarians prescription.
Given that prescription medications filled at pharmacies are universally exempt from sales tax, over-the-counter drugs merit the same tax-free status.
In general, sales tax exemptions are statutory exceptions eliminating the need for the retailer to collect sales tax on a particular transaction or on all transactions with a customer. The most common exemption is sale for resale, which allows businesses with a valid certificate to purchase products free of tax.
California Nonprescription medication is taxable. Colorado Nonprescription medication is taxable. Florida Nonprescription medication is tax exempt. See a list of tax exempt nonprescription medication in Florida here.
Exemptions in New Jersey include groceries, clothing, prescription drugs, manufacturing equipment, and goods purchased for resale. Learn more about New Jersey sales and use tax.

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People also ask

As under prior law, prosthetic devices, durable medical equipment and mobility enhancing equipment (as defined above) are exempt from sales and use tax, except when purchased for use in providing medical services for compensation and not transferred to the purchaser of the service.

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