New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1788

Introduced
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

If enacted, S1788 would significantly impact how capital gains from investments in qualified small businesses are taxed in New Jersey. By enabling a tax deduction on long-held investments, the bill aims to stimulate economic growth by encouraging more individuals to invest in local small businesses. This could lead to more funding and resources for entrepreneurs, potentially resulting in job creation and enhanced community economic stability.

Summary

Senate Bill 1788 is a legislative proposal introduced in New Jersey that aims to allow individual taxpayers to deduct certain capital gains from their gross income. Specifically, the bill allows taxpayers to deduct gains from the sale or exchange of qualified small business stock that has been held for more than five years. This deduction is modeled after the federal capital gains exclusion found under section 1202 of the Internal Revenue Code, emphasizing the importance of supporting local small businesses by incentivizing long-term investment in them.

Contention

Despite its benefits, the bill may face contention from various stakeholders. Some may argue that the criteria for qualifying as a small business, such as asset limits and active business requirements, might be too restrictive. Additionally, concerns may arise regarding the potential for unequal advantages being given to wealthier investors who can afford to wait for five years to realize returns on their investments. Opponents may also debate whether the focus on tax incentives for private company investments undermines other forms of crucial support that small businesses might need.

Companion Bills

NJ A2786

Same As 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.

Previously Filed As

NJ A2786

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.

NJ S4503

Allows exemption from New Jersey gross income of certain capital gains from sale or exchange of qualified small business stock.

NJ A4455

Allows exemption from New Jersey gross income of certain capital gains from sale or exchange of qualified small business stock.

NJ S398

Provides gross income tax exclusion for capital gains from sale of certain employer securities by qualified businesses that result in net positive benefit to State.

NJ S751

Provides gross income tax exclusion for capital gains from sale of certain employer securities by qualified businesses that result in net positive benefit to State.

NJ A4629

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

NJ SB297

Precious Metal Bullion, exchange excludes net gain from gross income, grants net capital loss deduction from gross income

NJ A939

Provides gross income tax credits to support development of New Jersey-based small business start-ups.

NJ A2783

Provides gross income tax credits to support development of New Jersey-based small business start-ups.

NJ S746

Provides gross income tax credits to support development of New Jersey-based small business start-ups.

Similar Bills

NJ S4503

Allows exemption from New Jersey gross income of certain capital gains from sale or exchange of qualified small business stock.

NJ A4455

Allows exemption from New Jersey gross income of certain capital gains from sale or exchange of qualified small business stock.

NJ A2786

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.

OK HB1200

Revenue; taxation rates; income; exemptions; deductions; effective date.

OK HB2646

Revenue and taxation; adjustments; wagering; tax year; effective date.

OK HB2178

Revenue and taxation; income tax; Oklahoma taxable income; Oklahoma adjusted gross income; OK Able Accounts; effective date.

OK SB1452

Income tax; authorizing an income tax credit for employers that provide employee paid leave for volunteering for poll work. Effective date.

OK HB3669

Revenue and taxation; income tax adjustments; retirement benefits; effective date.