New Jersey Assembly Bill A1314

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22
• Refer: 3/17/22

Caption

Requires municipality to return to taxpayer property taxes paid in error due to assessor's or owner's mistake.

Impact

The enactment of A1314 would bring about a significant shift in how property tax overpayments are handled at the local level. Currently, New Jersey statutes provide local governments the option to issue refunds, but they are not mandated to do so. This bill will ensure that municipalities are required to process these refunds, thus providing greater financial protection for taxpayers. The three-year statute of limitations established in the bill serves to balance taxpayer rights with administrative practicality, as municipalities would be responsible for refunds only for the past three years from the time they are notified of an error.

Summary

Assembly Bill A1314 aims to require municipalities in New Jersey to refund property taxes paid in error due to mistakes by assessors or property owners. This bill specifically addresses the need for local governments to rectify situations where taxpayers have erroneously overpaid property taxes. The legislation modifies existing statutes to ensure that taxpayers receive a fair resolution without undue delay when errors occur, thus enhancing the accountability of municipal tax assessments.

Contention

A notable point of contention surrounding A1314 stems from its alignment with the New Jersey Tax Court's decision in the case of Hanover Floral v. East Hanover Township. Critics may argue that the stipulations requiring municipalities to issue refunds could strain local government budgets, especially if many residents concurrently seek refunds following the passage of this bill. Proponents, however, have emphasized the need for protecting taxpayer interests and ensuring just treatment under the law. This reflects a broader discussion on how municipalities manage financial resources while upholding the rights of taxpayers.