New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S4592

Introduced
6/5/25  

Caption

Imposes 30 percent electric public utility windfall surtax on certain taxpayers with allocated taxable net income in excess of 20 percent above five-year average income under CBT.

Impact

This bill is expected to produce a considerable financial impact on electric public utilities by increasing their tax liability during times of higher earnings. The revenue collected from the surtax, excluding certain dedicated funds, is mandated to be appropriated for distribution among ratepayers, aiming to reduce the financial burden on consumers in the electric utility sector. This mechanism is designed to ensure that the gains from the tax are reinvested into the community, providing a form of financial relief to utility customers.

Summary

Bill S4592 introduces a new taxation measure called the electric public utility windfall surtax, specifically targeting electric public utilities that generate a significant increase in allocated taxable net income. The surtax is set at 30% on income that exceeds a 20% increase over the average allocated taxable net income from the previous five privilege periods. The implementation of this surtax aims to capture a share of profits deemed excessive during periods of strong financial performance by electricity providers, ensuring that these revenues contribute to the state's objectives and aid ratepayers directly.

Conclusion

S4592 represents a significant shift in the state's approach to taxing electric public utilities, with implications for profitability and consumer pricing. As it stands, this bill demonstrates an effort by the state to regulate and capture excess profits from utilities, while attempting to provide financial benefits directly to ratepayers. The long-term effectiveness of this measure will likely hinge on thorough implementation and reaction from the stakeholders involved in the electric utility landscape.

Contention

There may be points of contention surrounding S4592, particularly from utility companies and their stakeholders. Concerns may arise regarding the definition of 'windfall income' as well as the potential impact of increased taxation on their operations and investment capacity. Critics could argue that such taxes could deter utility companies from sensible growth initiatives or lead to higher prices for consumers as utilities adjust to the increased tax burden. Additionally, the lack of allowable credits against the surtax might invoke further criticism regarding fairness and financial feasibility for these companies.

Companion Bills

NJ A5518

Same As Imposes 30 percent electric public utility windfall surtax on certain taxpayers with allocated taxable net income in excess of 20 percent above five-year average income under CBT.

Previously Filed As

NJ A5518

Imposes 30 percent electric public utility windfall surtax on certain taxpayers with allocated taxable net income in excess of 20 percent above five-year average income under CBT.

NJ S4483

Imposes 10 percent electric public utility windfall surtax on taxpayers with allocated taxable net income in excess of $10 million under CBT.

NJ A5707

Imposes 10 percent electric public utility windfall surtax on taxpayers with allocated taxable net income in excess of $10 million under CBT.

NJ S3513

Imposes 2.5 percent corporate transit fee on taxpayers with allocated taxable net income in excess of $10 million under CBT.

NJ A4704

Imposes 2.5 percent corporate transit fee on taxpayers with allocated taxable net income in excess of $10 million under CBT.

NJ A5878

Imposes CBT surtax at rate of 2.5 percent until December 31, 2025 and requires amount collected from surtax be dedicated to specific purposes.

NJ A4009

Imposes CBT surtax at rate of 2.5 percent until December 31, 2025 and requires amount collected from surtax be dedicated to specific purposes.

NJ S3757

Permits deduction of 20 percent for qualified business income for certain individuals as owners of pass-through entities under gross income tax and corporation business tax.

NJ A1135

Repeals surtax imposed on certain businesses.

NJ A1321

Repeals surtax imposed on certain businesses.

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NJ A2530

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NJ A3464

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NJ S2087

Establishes a manufacturing reinvestment account program to incentivize capital investment and workforce training in New Jersey with income tax rate reductions, deferrals, and accelerated deductions.

NJ A5518

Imposes 30 percent electric public utility windfall surtax on certain taxpayers with allocated taxable net income in excess of 20 percent above five-year average income under CBT.

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