New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5323

Introduced
3/20/23  
Refer
3/20/23  
Report Pass
6/27/23  
Report Pass
6/28/23  
Engrossed
6/30/23  
Enrolled
6/30/23  
Chaptered
7/3/23  

Caption

Revises various provisions concerning State tax law.

Impact

The revisions proposed in A5323 are expected to have a significant impact on corporate tax regulations in the state. By facilitating the sharing of net operating losses (NOLs) among members of a combined group, the bill seeks to lessen the tax burden on corporations facing losses. This is particularly beneficial in maintaining liquidity for corporations during financial downturns, as they can use their losses to offset future taxable income. Additionally, the bill clarifies the rules concerning how net losses are tracked and shared, aiming to create a more coherent framework for tax reporting among affiliated companies.

Summary

Bill A5323 aims to revise certain provisions related to State tax law, particularly focusing on the treatment of net operating losses and tax credits for combined groups. The bill introduces changes to the eligibility criteria for carrying over net operating losses, allowing greater flexibility for corporations that are part of a combined group to share losses and utilize tax credits. Starting from specified dates, it allows tax credits to be shared among members of a combined group, enhancing overall tax efficiency for businesses operating in multiple jurisdictions within the state.

Sentiment

Sentiment towards A5323 appears to be positive from the business community, especially among corporations that are subject to combined reporting requirements. Supporters argue that the changes will enhance overall economic activity and promote fairness in the tax system by ensuring that corporations are not unduly penalized for losses incurred while conducting business. However, there may be some opposition from fiscal conservatives who are concerned about the potential loss of tax revenue due to the increased deductions allowed via loss carryovers.

Contention

Notable points of contention in discussions surrounding A5323 include concerns regarding the potential for abuse of the net operating loss provisions and the implications for state tax revenue. Critics argue that without stringent regulations, corporations may exploit allowances within the bill to minimize taxable income artificially. Furthermore, debates have arisen over the timing and ramifications of implementing these changes, with some stakeholders calling for a phased introduction to assess impacts on the state’s fiscal health properly.

Companion Bills

NJ S3737

Same As Revises various provisions concerning State tax law.

Similar Bills

NJ S3737

Revises various provisions concerning State tax law.

NJ A4629

Allows exclusion of certain small business income from taxation under gross income tax and corporation business tax.

NJ A3946

Decouples State tax provisions from federal prohibition on cannabis business deductions.

NJ A3419

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NJ A2565

Establishes net operating loss carryback deduction under corporation business tax.

NJ S3762

Establishes net operating loss carryback deduction under corporation business tax.

NJ S340

Decouples State tax provisions from federal prohibition on cannabis business deductions.

NJ A1676

Decouples State tax provisions from federal prohibition on cannabis business expense deductions.