New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S398

Introduced
1/11/22  

Caption

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.

Impact

The bill mandates that to qualify for the tax exclusion, a business must receive certification from the New Jersey Economic Development Authority. This certification is contingent on demonstrating that the transaction will result in significant retention of full-time jobs and generate a net positive benefit to the state. If enacted, this provision could lead to increased employee participation in business ownership, which is expected to fortify job security and stimulate the local economy through retained income and diminishing claims for unemployment benefits.

Summary

Senate Bill 398 (S398) proposes a gross income tax exclusion for capital gains derived from the sale of certain employer securities by qualified businesses in New Jersey. This initiative targets businesses that have fewer than 500 employees and are not publicly traded. The intent behind the bill is to encourage local businesses to adopt employee stock ownership plans (ESOPs), which help retain jobs within the state through employee ownership. By offering this tax incentive, the bill aims to support economic growth and stabilize employment levels in the region.

Conclusion

Overall, S398 seeks to establish a framework for promoting employee ownership in New Jersey by reducing tax burdens for businesses that meet specific criteria. The success of this bill will hinge on the positive economic outcomes it promises, primarily in relation to job retention and the overall benefit to the state's economy. If these goals are met, S398 could set a precedent for similar initiatives aimed at enhancing local economic conditions and supporting small business sustainability.

Contention

Opposition to the bill centers on concerns regarding the economic implications of providing such tax exemptions. Critics argue that while the intent is to foster local employment, there is skepticism about the actual effectiveness of the proposed tax exclusion and whether it will yield the expected benefits for the state in terms of revenue generation. Some lawmakers question whether the potential loss in tax income from these exclusions could outweigh the benefits anticipated from job retention and shared ownership.

Companion Bills

No companion bills found.

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