ASSEMBLY, No. 2663

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblyman  JAY WEBBER

District 26 (Morris and Passaic)

 

Co-Sponsored by:

Assemblyman Bergen and Assemblywoman Quijano

 

 

 

 

SYNOPSIS

     Allows NJ gross income tax deduction for charitable contributions of food made from business inventory.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act allowing a charitable contribution tax deduction under the New Jersey gross income tax for contributions of food made from business inventory and supplementing chapter 3 of Title 54A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    A taxpayer shall be allowed to deduct from gross income the amount of charitable contributions of food made to and accepted by an organization in the taxable year equal to the amount which would have been allowed to the taxpayer for the federal taxable year under the provisions of paragraph (3) of subsection (e) of section 170 of the federal Internal Revenue Code (26 U.S.C. s.170) in effect on December 31, 2013.

 

     2.    This act shall take effect immediately and apply to taxable years beginning on or after the January 1 next following enactment.

 

 

STATEMENT

 

      This bill allows gross income tax deductions for charitable contributions of food made to and accepted by an organization in the tax year from business inventory, as allowed under paragraph (3) of subsection (e) of section 170 of the federal Internal Revenue Code of 1986.  The deduction mirrors the federal income tax deduction for contributions of food made from business inventory and is allowed regardless of whether the federal itemized deduction is taken by the taxpayer.  

      The deduction is an itemized deduction for charitable contributions of food, where "food" is "apparently wholesome food." Under federal law, "apparently wholesome food" means "food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to

appearance, age, freshness, grade, size, surplus, or other conditions."  The contribution is required to be made to an organization that is determined by the Internal Revenue Service to be an organization eligible to receive tax-deductible charitable contributions.