New Jersey Assembly Bill A5718

New Jersey 2022-2023 Regular Session

• Introduced: 11/20/23
• Refer: 11/20/23

Caption

Provides gross income tax deduction for amounts paid to taxpayers for sale of certain real property interests for conservation purposes.

Impact

The proposed bill modifies current New Jersey law by allowing for deductions in cases of mixed transfers, termed 'bargain sales,' where both a charitable donation and a cash sale occur. This provides clarity for taxpayers who face taxable gains when selling property for conservation purposes. By addressing the financial aspects of these transactions, the legislation aims to facilitate greater participation in conservation programs without tax penalties that could deter sellers from opting for environmental preservation.

Summary

Assembly Bill A5718 aims to provide a gross income tax deduction for taxpayers selling certain interests in real property to qualified organizations for conservation purposes. This deduction intends to alleviate the tax burden on individuals and entities that engage in sales involving preservation or conservation of land. Under this bill, taxpayers will be able to claim deductions based on the capital gains realized from full market value sales or bargain sales of real property interests. The long-term goal of the legislation is to discourage the development of environmentally valuable lands while promoting conservation efforts throughout New Jersey.

Contention

While the bill is generally viewed positively by advocates of environmental protection, concerns have been raised regarding its implementation and the potential impact on local real estate markets. Proponents argue that supporting conservation through tax incentives is essential for protecting valuable lands from development. However, some critics fear that offering tax deductions might lead to undue advantages for larger conservation organizations over smaller local entities and could complicate the tax code further, requiring careful monitoring and adjustments to ensure compliance and efficiency.