New Jersey Assembly Bill A2786

New Jersey 2022-2023 Regular Session

• Introduced: 2/28/22
• Refer: 2/28/22

Caption

Allows deduction from New Jersey gross income of certain capital gains from sale or exchange of New Jersey qualified small business stock held for more than five years.

Impact

The implementation of this bill is expected to significantly affect the investment landscape in New Jersey by incentivizing taxpayers to invest in local businesses. The exclusion of capital gains taxes for qualifying stocks can encourage individuals to hold investments for longer periods, thus supporting the growth of new businesses that can create job opportunities within the state. Additionally, it legitimizes the economic activities of small businesses, as their investors bear less financial risk as their businesses mature.

Summary

Assembly Bill A2786 introduces a provision for allowing a deduction from the gross income of individuals in New Jersey for capital gains realized from the sale or exchange of qualified small business stock held for over five years. This new deduction is modeled after the federal Internal Revenue Code and aims to stimulate investment in small and medium-sized businesses in New Jersey which often struggle to attract capital investments due to initial profitability challenges. The bill defines eligible small business stock specifically as stock that is originally issued by a C corporation that has less than $50 million in assets at the time of issue.

Contention

Potential opposition comes from concerns about the qualification criteria defined within the bill. The exclusion of businesses from certain sectors, including service industries such as health and finance, could be seen as limiting the potential benefits to a narrow range of industries. Critics may argue that this exclusion could overlook the growing needs and contributions of service-based businesses, which are also vital for the state’s economy. Furthermore, there might be discussions around the regulatory aspects of ensuring that firms qualify as 'qualified small businesses' accurately to prevent misuse of the tax benefits.