Bill Text: NJ A840 | 2020-2021 | Regular Session | Introduced
Bill Title: Enhances benefit provided under New Jersey earned income tax credit program by treating a qualifying relative as a qualifying child.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Appropriations Committee [A840 Detail]
Download: New_Jersey-2020-A840-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblywoman Vainieri Huttle
SYNOPSIS
Enhances benefit provided under New Jersey earned income tax credit program by treating a qualifying relative as a qualifying child.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act enhancing the benefit provided under the New Jersey earned income tax credit program, amending P.L.2000, c.80.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2000, c.80 (C.54A:4-7) is amended to read as follows:
2. There is established the New Jersey Earned Income Tax Credit program in the Division of Taxation in the Department of the Treasury.
a. (1) A resident individual who is eligible for a credit under section 32 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.32) shall be allowed a credit for the taxable year equal to a percentage, as provided in paragraph (2) of this subsection, of the federal earned income tax credit that would be allowed to the individual or the married individuals filing a joint return under section 32 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.32) for the same taxable year for which a credit is claimed pursuant to this section, subject to the restrictions of this subsection and subsections b., c., d. and e. of this section and the modifications of paragraph (4) of this subsection.
(2) For the purposes of the calculation of the New Jersey earned income tax credit, the percentage of the federal earned income tax credit referred to in paragraph (1) of this subsection shall be:
(a) 10% for the taxable year beginning on or after January 1, 2000, but before January 1, 2001;
(b) 15% for the taxable year beginning on or after January 1, 2001, but before January 1, 2002;
(c) 17.5% for the taxable year beginning on or after January 1, 2002, but before January 1, 2003;
(d) 20% for taxable years beginning on or after January 1, 2003, but before January 1, 2008;
(e) 22.5% for taxable years beginning on or after January 1, 2008 but before January 1, 2009;
(f) 25% for taxable years beginning on or after January 1, 2009 but before January 1, 2010;
(g) 20% for taxable years beginning on or after January 1, 2010, but before January 1, 2015;
(h) 30% for taxable years beginning on or after January 1, 2015, but before January 1, 2016;
(i) 35% for taxable years beginning on or after January 1, 2016, but before January 1, 2018;
(j) 37% for the taxable year beginning on or after January 1, 2018, but before January 1, 2019;
(k) 39% for the taxable year beginning on or after January 1, 2019, but before January 1, 2020; and
(l) 40% for taxable years beginning on or after January 1, 2020.
(3) To qualify for the New Jersey earned income tax credit, if the claimant is married, except for a claimant who files as a head of household or surviving spouse for federal income tax purposes for the taxable year, the claimant shall file a joint return or claim for the credit.
(4) A qualifying relative as defined in section 152 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.152) shall be treated as a qualifying child for purposes of determining the amount of the federal earned income tax credit that shall serve as the basis for calculating the New Jersey earned income tax credit.
b. In the case of a part-year resident claimant, the amount of the credit allowed pursuant to this section shall be pro-rated, based upon that proportion which the total number of months of the claimant's residency in the taxable year bears to 12 in that period. For this purpose, 15 days or more shall constitute a month.
c. The amount of the credit allowed pursuant to this section shall be applied against the tax otherwise due under N.J.S.54A:1-1 et seq., after all other credits and payments. If the credit exceeds the amount of tax otherwise due, that amount of excess shall be an overpayment for the purposes of N.J.S.54A:9-7; provided however, that subsection (f) of N.J.S.54A:9-7 shall not apply. The credit provided under this section as a credit against the tax otherwise due and the amount of the credit treated as an overpayment shall be treated as a credit towards or overpayment of gross income tax, subject to all provisions of N.J.S.54A:1-1 et seq., except as may be otherwise specifically provided in P.L.2000, c.80 (C.54A:4-6 et al.).
d. The Director of the Division of Taxation in the Department of the Treasury shall establish a program for the distribution of earned income tax credits pursuant to the provisions of this section.
e. Any earned income tax credit pursuant to this section shall not be taken into account as income or receipts for purposes of determining the eligibility of an individual for benefits or assistance or the amount or extent of benefits or assistance under any State program and, to the extent permitted by federal law, under any State program financed in whole or in part with federal funds.
(cf: P.L.2018, c.45, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill enhances the benefit provided under the New Jersey earned income tax credit program by treating a qualifying relative as a qualifying child for purposes of determining the federal earned income tax credit amount that the New Jersey earned income tax credit would be based on. Currently, the federal earned income tax credit program only allows taxpayers to claim a qualifying child, but not a qualifying relative. Typically, the credit amount increases for each qualifying child claimed by the taxpayer, up to three qualifying children. The bill allows a taxpayer who can claim a qualifying relative to receive an enhanced benefit amount based on a modified calculation of the federal earned income tax credit which considers the qualifying relative as a qualifying child.
As defined in the federal Internal Revenue Code, a "qualifying child" bears a relationship to the taxpayer (a child, brother, sister, stepbrother, or stepsister of the taxpayer), has the same principal residence as the taxpayer for more than half of the taxable year, meets certain age requirements, and has not provided over one-half of the individual's own support during the year. A "qualifying relative" includes those relationships mentioned for qualifying child, but also includes, but is not limited to, a father, mother, or an ancestor of either, stepfather, stepmother, a child of a brother or sister, and in-laws. A taxpayer must provide similar support to a qualifying relative, but the qualifying relative must have gross income less than the exemption amount.
