New Jersey Assembly Bill A2706

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

Eliminates requirement that taxpayer that qualifies as S corporation for federal tax purposes affirmatively elect New Jersey S corporation status for purposes of corporation business and gross income taxes.

Impact

If enacted, A2706 would align New Jersey's S corporation tax treatment with that of the majority of other states. This change would ensure that businesses can enjoy the benefits of pass-through taxation without the redundant requirement of a state-specific election. Proponents argue that this simplification could lead to increased compliance, as the administrative hurdles for businesses will be significantly lowered. The expected outcome is a smoother process for S corporations and their shareholders, providing an incentive for small businesses to operate in New Jersey.

Summary

Assembly Bill A2706 proposes significant changes to the taxation of S corporations in New Jersey. The bill's main provision removes the necessity for businesses that qualify as S corporations for federal tax purposes to also fulfill a separate election for state tax treatment. This alignment with federal standards seeks to simplify the tax process for eligible businesses, reducing administrative burdens and fostering a more business-friendly environment. Currently, failure to make this state election results in standard corporate taxation, which can lead to higher tax liabilities for shareholders.

Contention

The discussions surrounding A2706 indicate that while proponents praise the bill for reducing unnecessary administrative burdens, there are concerns about how this would affect the state's tax revenue structure. Critics may argue that the removal of barriers for S corporations could potentially lead to a loss of state revenue, particularly in situations where the state may have relied on taxation from corporations that fail to qualify. Moreover, the bill must ensure it retains sufficient oversight mechanisms to prevent misuse of corporate structures that could exploit tax benefits inadvertently.