Bill Text: NJ S2383 | 2016-2017 | Regular Session | Introduced


Bill Title: Provides tax relief: increases estate tax exclusion, provides gross income tax deductions for fuel tax and certain charitable contributions, increases NJ earned income tax credit, and increases gross income tax retirement income exclusions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-20 - Introduced in the Senate, Referred to Senate Budget and Appropriations Committee [S2383 Detail]

Download: New_Jersey-2016-S2383-Introduced.html

SENATE, No. 2383

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED JUNE 20, 2016

 


 

Sponsored by:

Senator  JENNIFER BECK

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Provides tax relief: increases estate tax exclusion, provides gross income tax deductions for fuel tax and certain charitable contributions, increases NJ earned income tax credit, and increases gross income tax retirement income exclusions.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act providing tax relief, amending R.S.54:38-1, supplementing chapter 3 of Title 54A of the New Jersey Statutes, and amending P.L.2000, c.80, N.J.S.54A:6-10, and P.L.1977, c.273.

 

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

 

     1.  R.S.54:38-1 is amended to read as follows:

     54:38-1.  a.  In addition to the inheritance, succession or legacy taxes imposed by this State under authority of chapters 33 to 36 of this title (R.S.54:33-1 et seq.), or hereafter imposed under authority of any subsequent enactment, there is hereby imposed an estate or transfer tax:

     (1)   Upon the transfer of the estate of every resident decedent dying before January 1, 2002 which is subject to an estate tax payable to the United States under the provisions of the federal revenue act of one thousand nine hundred and twenty-six and the amendments thereof and supplements thereto or any other federal revenue act in effect as of the date of death of the decedent, the amount of which tax shall be the sum by which the maximum credit allowable against any federal estate tax payable to the United States under any federal revenue act on account of taxes paid to any state or territory of the United States or the District of Columbia, shall exceed the aggregate amount of all estate, inheritance, succession or legacy taxes actually paid to any state or territory of the United States or the District of Columbia, including inheritance, succession or legacy taxes actually paid this State, in respect to any property owned by such decedent or subject to such taxes as a part of or in connection with the estate; and

     (2)   (a)  Upon the transfer of the estate of every resident decedent dying after December 31, 2001 , but before January 1, 2017, which would have been subject to an estate tax payable to the United States under the provisions of the federal Internal Revenue Code of 1986 (26 U.S.C. s.1 et seq.) in effect on December 31, 2001, the amount of which tax shall be, at the election of the person or corporation liable for the payment of the tax under this chapter, either

     (i)    the maximum credit that would have been allowable under the provisions of that federal Internal Revenue Code in effect on that date against the federal estate tax that would have been payable under the provisions of that federal Internal Revenue Code in effect on that date on account of taxes paid to any state or territory of the United States or the District of Columbia, or

     (ii)   determined pursuant to the simplified tax system as may be prescribed by the Director of the Division of Taxation in the Department of the Treasury to produce a liability similar to the liability determined pursuant to clause (i) of this paragraph reduced pursuant to paragraph (b) of this subsection.

     (b)   The amount of tax liability determined pursuant to subparagraph (a) of this paragraph shall be reduced by the aggregate amount of all estate, inheritance, succession or legacy taxes actually paid to any state or territory of the United States or the District of Columbia, including inheritance, succession or legacy taxes actually paid this State, in respect to any property owned by such decedent or subject to such taxes as a part of or in connection with the estate; provided however, that the amount of the reduction shall not exceed the proportion of the tax otherwise due under this subsection that the amount of the estates's property subject to tax by other jurisdictions bears to the entire estate taxable under this chapter.

     (3)   (a)  Upon the transfer of the estate of each resident decedent dying on or after January 1, 2017, whether or not subject to an estate tax payable to the United States under the provisions of the federal Internal Revenue Code (26 U.S.C. s.1 et seq.), the amount of the taxable estate, determined pursuant to section 2051 of the federal Internal Revenue Code (26 U.S.C. s.2051), shall be subject to tax pursuant to the following schedule:

 

On any amount in excess of $100,000, up to $150,000  . . . . . . . . . . . . . . .

 

 

0.8%     

 

On any amount in excess of $150,000, up to $200,000. . . . . . . . . . . . . . . .

 

 

$400 plus 1.6% of the excess over $150,000

 

On any amount in excess of $200,000, up to $300,000. . . . . . . . . . . . . . . .

 

 

$1,200 plus 2.4% of the excess over $200,000

 

On any amount in excess of $300,000, up to $500,000. . . . . . . . . . . . . . . .

 

 

$3,600 plus 3.2% of the excess over $300,000

 

On any amount in excess of $500,000, up to $700,000. . . . . . . . . . . . . . . .

 

 

$10,000 plus 4.0% of the excess over $500,000

 

On any amount in excess of $700,000, up to $900,000. . . . . . . . . . . . . . . .

 

 

$18,000 plus 4.8% of the excess over $700,000

 

On any amount in excess of $900,000, up to $1,100,000. . . . . . . . . . . . . . .

 

 

$27,600 plus 5.6% of the excess over $900,000

 

On any amount in excess of $1,100,000, up to $1,600,000. . . . .

 

 

$38,800 plus 6.4% of the excess over $1,100,000

 

On any amount in excess of $1,600,000, up to $2,100,000. . . . .

 

 

$70,800 plus 7.2% of the excess over $1,600,000

 

On any amount in excess of $2,100,000, up to $2,600,000. . . . .

 

 

$106,800 plus 8.0% of the excess over $2,100,000

 

On any amount in excess of $2,600,000, up to $3,100,000. . . . .

 

 

$146,800 plus 8.8% of the excess over $2,600,000

 

On any amount in excess of $3,100,000, up to $3,600,000. . . . .

 

 

$190,800 plus 9.6% of the excess over $3,100,000

 

On any amount in excess of $3,600,000, up to $4,100,000. . . . .

 

 

$238,800 plus 10.4% of the excess over $3,600,000

 

On any amount in excess of $4,100,000, up to $5,100,000. . . . .

 

 

$290,800 plus 11.2% of the excess over $4,100,000

 

On any amount in excess of $5,100,000, up to $6,100,000 . . . .

 

 

$402,800 plus 12.0% of the excess over $5,100,000

 

On any amount in excess of $6,100,000, up to $7,100,000 . . . . .

 

 

$522,800 plus 12.8% of the excess over $6,100,000

 

On any amount in excess of $7,100,000, up to $8,100,000 . . . . .

 

 

$650,800 plus 13.6% of the excess over $7,100,000

 

On any amount in excess of $8,100,000, up to $9,100,000 . . . . .

 

 

$786,800 plus 14.4% of the excess over $8,100,000

 

On any amount in excess of $9,100,000, up to $10,100,000 . . . .

 

 

$930,800 plus 15.2% of the excess over $9,100,000

 

On any amount in excess of $10,100,000. . . . . . . . . . . . . . . . . . .

 

 

$1,082,800 plus 16.0% of the excess over $10,100,000

     (b)   A credit shall be allowed against the tax imposed pursuant to subparagraph (a) of this paragraph equal to the amount of tax which would be determined by subparagraph (a) of this paragraph if the amount of the taxable estate were equal to the exclusion amount.

     For the transfer of the estate of each resident decedent dying on or after January 1, 2017, but before January 1, 2018, the exclusion amount is $1,000,000;

     For the transfer of the estate of each resident decedent dying on or after January 1, 2018, but before January 1, 2019, the exclusion amount is $1,250,000;

     For the transfer of the estate of each resident decedent dying on or after January 1, 2019, but before January 1, 2020, the exclusion amount is $1,500,000;

     For the transfer of the estate of each resident decedent dying on or after January 1, 2020, but before January 1, 2021, the exclusion amount is $2,000,000; and

     For the transfer of the estate of each resident decedent dying on or after January 1, 2021, the exclusion amount is $2,500,000.

     (c)   The amount of tax liability of a resident decedent determined pursuant to subparagraphs (a) and (b) of this paragraph shall be reduced by the aggregate amount of all estate, inheritance, succession or legacy taxes actually paid to any state of the United States, including inheritance taxes actually paid this State, in respect to any property owned by that decedent or subject to those taxes as a part of or in connection with the estate; provided however, that the amount of the reduction shall not exceed the proportion of the tax otherwise due under this subsection that the amount of the estate's property subject to tax by other jurisdictions bears to the entire estate taxable under this chapter.

     (d)   Upon the transfer of the real or tangible personal property within New Jersey of each nonresident decedent dying on or after January 1, 2017, which tax shall bear the same ratio to the entire tax which that estate would have been subject to pursuant to subparagraphs (a) and (b) of this paragraph if that nonresident decedent had been a resident of this State, and all of the decedent's property, real and personal, had been located within this State, as the taxable property within this State bears to the entire estate, wherever situated.

     b.    (1)  In the case of the estate of a decedent dying before January 1, 2002 where no inheritance, succession or legacy tax is due this State under the provisions of chapters 33 to 36 of this title or under authority of any subsequent enactment imposing taxes of a similar nature, but an estate tax is due the United States under the provisions of any federal revenue act in effect as of the date of death, wherein provision is made for a credit on account of taxes paid the several states or territories of the United States, or the District of Columbia, the tax imposed by this chapter shall be the maximum amount of such credit less the aggregate amount of such estate, inheritance, succession or legacy taxes actually paid to any state or territory of the  United States or the District of Columbia.

     (2)   In the case of the estate of a decedent dying after December 31, 2001 where no inheritance, succession or legacy tax is due this State under the provisions of chapters 33 to 36 of this title or under authority of any subsequent enactment imposing taxes of a similar nature, the tax imposed by this chapter shall be determined pursuant to paragraph (2) of subsection a. of this section.

     (3)   In the case of the estate of a decedent dying on or after January 1, 2017 the tax imposed by this chapter shall be determined pursuant to paragraph (3) of subsection a. of this section.

     c.     For the purposes of this section, a "simplified tax system" to produce a liability similar to the liability determined pursuant to clause (i) of subparagraph (a) of paragraph (2) of subsection a. of this section is a tax system that is based upon the $675,000 unified estate and gift tax applicable exclusion amount in effect under the provisions of the federal Internal Revenue Code of 1986 (26 U.S.C. s.1 et seq.) in effect on December 31, 2001, and results in general in the determination of a similar amount of tax but which will enable the person or corporation liable for the payment of the tax to calculate an amount of tax notwithstanding the lack or paucity of information for compliance due to such factors as the absence of an estate valuation made for federal estate tax purposes, the absence of a measure of the impact of gifts made during the lifetime of the decedent in the absence of federal gift tax information, and any other information compliance problems as the director determines are the result of the phased repeal of the federal estate tax.

(cf:  P.L.2002, c.31, s.1)

 

     2.   (New section)  a.  A taxpayer may deduct from the taxpayer's gross income reported pursuant to the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., an amount equal to the State taxes paid on purchases of motor fuel for the operation for personal use of the taxpayer's motor vehicles if the amount of the taxes paid for the taxable year equal or exceed one percent of the taxpayer's gross income for the taxable year.

     b.  An amount shall not be deductible under subsection a. of this section if the amount is:

     (1)  reimbursed to the taxpayer by or for the taxpayer's employer;

     (2)  deductible in determining net profits from business pursuant to subsection b. of N.J.S.54A:5-1, even if not so deducted;

     (3)  deductible in determining net gains or net income derived from or in the form of rents, royalties, patents, and copyrights pursuant to subsection d. of N.J.S.A.54A:5-1, even if not so deducted;

     (4)  deductible in determining distributive share of partnership income pursuant to subsection k. of N.J.S.54A:5-1, even if not so deducted;

     (5)  deductible in determining net pro rata share of S corporation income pursuant to subsection p. of N.J.S.54A:5-1, even if not so deducted; or

     (6)  deductible as a medical expense pursuant to N.J.S.54A:3-3, even if not so deducted, or paid or distributed out of a medical savings account excluded from gross income pursuant to section 5 of P.L.1997, c.414 (C.54A:6-27).

     c.  For the purposes of this section "State taxes paid on purchases of motor fuel" means the taxes imposed by the "Petroleum Products Gross Receipts Tax Act," P.L.1990, c.42 (C.54:15B-1 et seq.) and the "Motor Fuel Tax Act," P.L.2010, c.22 (C.54:39-101 et seq.).

 

     3.    (New section)  a.  A taxpayer shall be allowed to deduct from gross income the amount of charitable contributions made to a qualified New Jersey-based charitable organization in the taxable year equal to the amount that is allowable as a deduction from federal adjusted gross income for the federal taxable year pursuant to section 170 of the federal Internal Revenue Code (26 U.S.C. s.170).

     b.    For the purposes of this section, "qualified New Jersey-based charitable organization" means a charitable organization that is registered pursuant to the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.), or an organization that is exempt from the registration requirements of that act pursuant to section 9 of P.L.1994, c.16 (C.45:17A-26), and that maintains an office, employs persons, and provides services in this State.

 

     4.  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.

     (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; [and]

     (h)   30% for taxable years beginning on or after January 1, 2015, but before January 1, 2016; and

     (i)    40% for taxable years beginning on or after January 1, 2016.

     (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.

     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 [have discretion to] 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.2015, c.73, s.1)

 

5.  N.J.S.54A:6-10 is amended to read as follows:

     54A:6-10.  Pensions and annuities. 

     a.  Gross income shall not include that part of any amount received as an annuity under an annuity, endowment, or life insurance contract which bears the same ratio to such amount as the investment in the contract as of the annuity starting date bears to the expected return under the contract as of such date.  Where (1) part of the consideration for an annuity, endowment, or life insurance contract is contributed by the employer, and (2) during the three-year period beginning on the date on which an amount is first received under the contract as an annuity, the aggregate amount receivable by the employee under the terms of the contract is equal to or greater than the consideration for the contract contributed by the employee, then all amounts received as an annuity under the contract shall be excluded from gross income until there has been so excluded an amount equal to the consideration for the contract contributed by the employee.

     b.  (1)  In addition to that part of any amount received as an annuity which is excludable from gross income as herein provided, gross income shall not include payments:

     for taxable years beginning before January 1, 2000, of up to $10,000 for a married couple filing jointly, $5,000 for a married person filing separately, or $7,500 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for the taxable year beginning on or after January 1, 2000, but before January 1, 2001, of up to $12,500 for a married couple filing jointly, $6,250 for a married person filing separately, or $9,375 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for the taxable year beginning on or after January 1, 2001, but before January 1, 2002, of up to $15,000 for a married couple filing jointly, $7,500 for a married person filing separately, or $11,250 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for the taxable year beginning on or after January 1, 2002, but before January 1, 2003, of up to $17,500 for a married couple filing jointly, $8,750 for a married person filing separately, or $13,125 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for taxable years beginning on or after January 1, 2003, but before the January 1, first following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), of up to $20,000 for a married couple filing jointly, $10,000 for a married person filing separately, or $15,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of  N.J.S.54A:2-1;

     for taxable years beginning on or after the January 1, first following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), but before the January 1, second following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), of up to $40,000 for a married couple filing jointly, $20,000 for a married person filing separately, or $30,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of  N.J.S.54A:2-1;

     for taxable years beginning on or after the January 1, second following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), but before the January 1, third following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), of up to $80,000 for a married couple filing jointly, $40,000 for a married person filing separately, or $60,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of  N.J.S.54A:2-1;

     for taxable years beginning on or after the January 1, third following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), of up to $100,000 for a married couple filing jointly, $50,000 for a married person filing separately, or $75,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of  N.J.S.54A:2-1,

     which are received as an annuity, endowment or life insurance contract, or payments of any such amounts which are received as pension, disability, or retirement benefits, under any public or private plan, whether the consideration therefor is contributed by the employee or employer or both, by any person who is 62 years of age or older or who, by virtue of disability, is or would be eligible to receive payments under the federal Social Security Act [, but for] .

     (2)  For taxable years beginning on or after January 1, 2005, the exclusion provided by this subsection shall only be allowed if the taxpayer has gross income for the taxable year of not more than $100,000.

     c.  Gross income shall not include any amount received under any public or private plan by reason of a permanent and total disability.

     d.  Gross income shall not include distributions from an employees' trust described in section 401(a) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as "the Code" ), which is exempt from tax under section 501(a) of the Code if the distribution, except the portion representing the employees' contributions, is rolled over in accordance with section 402(a)(5) or section 403(a)(4) of the Code.  The distribution shall be paid in one or more installments which constitute a lump-sum distribution within the meaning of section 402(e)(4)(A) (determined without reference to subsection (e)(4)(B)), or be on account of a termination of a plan of which the trust is a part or, in the case of a profit-sharing or stock bonus plan, a complete discontinuance of contributions under such plan.

(cf: P.L.2005, c.130, s.1)

 

     6.  Section 3 of P.L.1977, c.273 (C.54A:6-15) is amended to read as follows:  

     3.  Other retirement income.  a.  (1)  Gross income shall not include income:

     for taxable years beginning before January 1, 2000, of up to $10,000 for a married couple filing jointly, $5,000 for a married person filing separately, or $7,500 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for the taxable year beginning on or after January 1, 2000, but before January 1, 2001, of up to $12,500 for a married couple filing jointly, $6,250 for a married person filing separately, or $9,375 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for the taxable year beginning on or after January 1, 2001, but before January 1, 2002, of up to $15,000 for a married couple filing jointly, $7,500 for a married person filing separately, or $11,250 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for the taxable year beginning on or after January 1, 2002, but before January 1, 2003, of up to $17,500 for a married couple filing jointly, $8,750 for a married person filing separately, or $13,125 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for taxable years beginning on or after January 1, 2003, but before the January 1, first following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), gross income shall not include income of up to $20,000 for a married couple filing jointly, $10,000 for a married person filing separately, or $15,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for taxable years beginning on or after the January 1, first following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), but before the January 1, second following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), gross income shall not include income of up to $40,000 for a married couple filing jointly, $20,000 for a married person filing separately, or $30,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for taxable years beginning on or after the January 1, second following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), but before the January 1, third following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), gross income shall not include income of up to $80,000 for a married couple filing jointly, $40,000 for a married person filing separately, or $60,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1;

     for taxable years beginning on or after the January 1, third following the date of enactment of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), gross income shall not include income of up to $100,000 for a married couple filing jointly, $50,000 for a married person filing separately, or $75,000 for an individual filing as a single taxpayer or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1,

     when received in any tax year by a person aged 62 years or older who received no income in excess of $3,000 from one or more of the sources enumerated in subsections a., b., k. and p. of N.J.S.54A:5-1 [, but for] .

     (2)   For taxable years beginning on or after January 1, 2005, the exclusion provided by this subsection shall only be allowed if the taxpayer has gross income for the taxable year of not more than $100,000 [, provided, however, that the] .

     (3)   The total exclusion under this subsection and that allowable under N.J.S.54A:6-10 shall not exceed the amounts of the exclusions set forth in this subsection.

     b.    In addition to the exclusion provided under N.J.S.54A:6-10 and subsection a. of this section, gross income shall not include income of up to $6,000 for a married couple filing jointly or an individual determining tax pursuant to subsection a. of N.J.S.54A:2-1, or $3,000 for a single person or a married person filing separately, who is not covered under N.J.S.54A:6-2 or N.J.S.54A:6-3, but who would be eligible in any year to receive payments under either section if he or she were covered thereby.

(cf: P.L.2005, c.130, s.2)

 

     7.  This act shall take effect immediately, and sections 2 and 3 shall apply to taxable years beginning on or after the January 1 next following the date of enactment.

STATEMENT

 

     This bill provides broad based tax relief.

     This bill increases the New Jersey estate tax exclusion amount to $2,500,000 over five years, eliminates a high initial estate tax rate, and imposes the estate tax on nonresident estates.

     The bill provides a gross income tax deduction for State fuel taxes.  If the New Jersey fuel taxes paid in a taxable year exceed one percent of the taxes paid on purchases of motor fuel for the operation for personal use of a taxpayer's motor vehicles, then all of the State fuel taxes paid may be deducted.

     The bill allows a gross income tax deduction for charitable contributions that are made during the taxable year to a qualified New Jersey-based charitable organization, limited to the amount of charitable contributions that is allowable as a deduction for the federal income tax purposes. The bill defines "qualified New Jersey-based charitable organization" as a charitable organization that is registered pursuant to the "Charitable Registration and Investigation Act," or an organization that is exempt from the registration requirements of that act, and that maintains an office, employs persons, and provides services in this State.

     The bill increases the New Jersey Earned Income Tax Credit (NJ EITC) to 40 percent of the federal benefit amount beginning in Tax Year 2016. The NJ EITC program, which piggy-backs on the federal EITC program, currently provides a refundable earned income tax credit under the State gross income tax equal to 30 percent of the federal benefit amount.

     The bill increases the gross income tax's pension and retirement income exclusion fivefold over three years, to $100,000 for joint filers, $75,000 for individuals, and $50,000 for married but filing separately.  The bill phases in the five-fold exclusion increase over three years as follows:

Filer Type

Present

Year 1

Year 2

Year 3

Joint

$20,000

$40,000

$80,000

$100,000

Individual

$15,000

$30,000

$60,000

$75,000

Separate

$10,000

$20,000

$40,000

$50,000

 

feedback