New Jersey 2022 2022-2023 Regular Session

New Jersey Senate Bill S676 Comm Sub / Analysis

                      
(Sponsorship Updated As Of: 2/28/2022)  
SENATE, No. 676   
 
STATE OF NEW JERSEY 
220th LEGISLATURE  
   
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION 
 
 
Sponsored by: 
Senator  ANTHONY M. BUCCO 
District 25 (Morris and Somerset) 
Senator  STEVEN V. OROHO 
District 24 (Morris, Sussex and Warren) 
 
Co-Sponsored by: 
Senators Sarlo and Connors 
 
 
SYNOPSIS 
 Indexes for inflation taxable income brackets under New Jersey gross 
income tax.  
 
CURRENT VERSION OF TEXT 
 As reported by the Senate Budget and Appropriations Committee with 
technical review. 
      
S676 A.M.BUCCO, OROHO 
2 
 
 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 
not enacted and is intended to be omitted in the law. 
 
 Matter underlined thus is new matter. 
AN ACT indexing for inflation the taxable income brackets under 1 
the New Jersey gross income tax, amending N.J.S.54A:2-1. 2 
 3 
 BE IT ENACTED by the Senate and General Assembly of the State 4 
of New Jersey: 5 
 6 
 1. N.J.S.54A:2-1 is amended to read as follows: 7 
 54A:2-1.  Imposition of tax.  There is hereby imposed a tax for 8 
each taxable year (which shall be the same as the taxable year for 9 
federal income tax purposes) on the New Jersey gross income as 10 
herein defined of every individual, estate or trust (other than a 11 
charitable trust or a trust forming part of a pension or profit-sharing 12 
plan), subject to the deductions, limitations and modifications 13 
hereinafter provided, determined in accordance with the following 14 
tables with respect to taxpayers' taxable income: 15 
 a. For married individuals filing a joint return and individuals 16 
filing as head of household or as surviving spouse for federal income 17 
tax purposes: 18 
 (1)  for taxable years beginning on or after January 1, 1991 but 19 
before January 1, 1994: 20 
 21 
If the taxable income is:           The tax is: 22 
 23 
Not over $20,000.00.......... 2% of taxable income 24 
 25 
Over $20,000.00 but not 26 
 over $50,000.00........  $400.00 plus 2.5% of the 27 
                                       excess over $20,000.00 28 
Over $50,000.00 but not 29 
 over $70,000.00........  $1,150.00 plus 3.5% of the 30 
                                       excess over $50,000.00 31 
Over $70,000.00 but not 32 
 over $80,000.00........  $1,850.00 plus 5.0% of the 33 
                                       excess over $70,000.00 34 
Over $80,000.00 but not 35 
 over $150,000.00......  $2,350.00 plus 6.5% of the 36 
                                       excess over $80,000.00 37 
 38 
Over $150,000.00 ............ $6,900.00 plus 7.0% of the  39 
                                       excess over $150,000.00 40 
 41 
 (2) For taxable years beginning on or after January 1, 1994 but 42 
before January 1, 1995:  43   
S676 A.M.BUCCO, OROHO 
3 
 
 
If the taxable income is:       The tax is: 1 
 2 
Not over $20,000.00...... 1.900% of taxable income 3 
 4 
Over $20,000.00 but not 5 
 over $50,000.00.......  $380.00 plus 2.375% of the 6 
                                       excess over $20,000.00 7 
Over $50,000.00 but not 8 
 over $70,000.00......  $1,092.50 plus 3.325% of the 9 
                                       excess over $50,000.00 10 
Over $70,000.00 but not 11 
 over $80,000.00.......  $1,757.50 plus 4.750% of the 12 
                                       excess over $70,000.00 13 
Over $80,000.00 but not 14 
 over $150,000.00....... $2,232.50 plus 6.175% of the 15 
                                       excess over $80,000.00 16 
 17 
Over $150,000.00 .......... $6,555.00 plus 6.650% of the 18 
                                       excess over $150,000.00 19 
 20 
 (3) for taxable years beginning on or after January 1, 1995 but 21 
before January 1, 1996:   22 
 23 
If the taxable income is:           The tax is: 24 
 25 
Not over $20,000.00.......... 1.700% of taxable income 26 
 27 
Over $20,000.00 but not 28 
 over $50,000.00........  $340.00 plus 2.125% of the 29 
                                       excess over $20,000.00 30 
Over $50,000.00 but not 31 
 over $70,000.00........  $977.50 plus 2.975% of the 32 
                                       excess over $50,000.00 33 
Over $70,000.00 but not 34 
 over $80,000.00........  $1,572.50 plus 4.250% of the 35 
                                       excess over $70,000.00 36 
Over $80,000.00 but not 37 
 over $150,000.00......  $1,997.50 plus 6.013% of the 38 
                                       excess over $80,000.00 39 
 40 
Over $150,000.00 ............ $6,206.60 plus 6.580% of the 41 
                                       excess over $150,000.00 42 
 43 
 (4) for taxable years beginning on or after January 1, 1996 but 44 
before January 1, 2004:  45   
S676 A.M.BUCCO, OROHO 
4 
 
 
If the taxable income is:           The tax is: 1 
 2 
Not over $20,000.00............ 1.400% of taxable income 3 
 4 
Over $20,000.00 but not 5 
 over $50,000.00......... $280.00 plus 1.750% of the 6 
                                     excess over $20,000.00 7 
Over $50,000.00 but not 8 
 over $70,000.00........  $805.00 plus 2.450% of the 9 
                                      excess over $50,000.00 10 
Over $70,000.00 but not 11 
 over $80,000.00........  $1,295.50 plus 3.500% of the 12 
                                      excess over $70,000.00 13 
Over $80,000.00 but not 14 
 over $150,000.00......  $1,645.00 plus 5.525% of the 15 
                           excess over $80,000.00 16 
 17 
Over $150,000.00 ............... $5,512.50 plus 6.370% of the 18 
                           excess over $150,000.00 19 
 20 
 (5) for taxable years beginning on or after January 1, 2004 but 21 
before January 1, 2018: 22 
 23 
If the taxable income is:         The tax is: 24 
 25 
Not over $20,000.00.......... 1.400% of taxable income 26 
 27 
Over $20,000.00 but not 28 
 over $50,000.00........  $280.00 plus 1.750% of the 29 
                           excess over $20,000.00 30 
Over $50,000.00 but not 31 
 over $70,000.00........  $805.00 plus 2.450% of the 32 
                           excess over $50,000.00 33 
Over $70,000.00 but not 34 
 over $80,000.00.......   $1,295.50 plus 3.500% of the 35 
                           excess over $70,000.00 36 
Over $80,000.00 but not 37 
 over $150,000.00......  $1,645.00 plus 5.525% of the 38 
                                      excess over $80,000.00 39 
Over $150,000.00 but not 40 
 over $500,000.00......  $5,512.50 plus 6.370% of the 41 
                           excess over $150,000.00 42 
 43 
Over $500,000.00 ............ $27,807.50 plus 8.970% of the 44 
                           excess over $500,000.00 45 
 (6) for taxable years beginning on or after January 1, 2018, but 46 
before January 1, 2020:  47   
S676 A.M.BUCCO, OROHO 
5 
 
 
If the taxable income is:           The tax is: 1 
 2 
Not over $20,000.00.......... 1.400% of taxable income 3 
 4 
Over $20,000.00 but not 5 
 over $50,000.00......   $280.00 plus 1.750% of the 6 
                           excess over $20,000.00 7 
Over $50,000.00 but not 8 
 over $70,000.00.......   $805.00 plus 2.450% of the 9 
                            excess over $50,000.00 10 
Over $70,000.00 but not 11 
 over $80,000.00.......   $1,295.50 plus 3.500% of the 12 
                            excess over $70,000.00 13 
Over $80,000.00 but not 14 
 over $150,000.00.....   $1,645.00 plus 5.525% of the 15 
                            excess over $80,000.00 16 
Over $150,000.00 but not 17 
 over $500,000.00.....   $5,512.50 plus 6.370% of the 18 
                            excess over $150,000.00 19 
Over $500,000.00 but not 20 
 over $5,000,000.00..   $27,807.50 plus 8.970% of the 21 
                            excess over $500,000.00 22 
 23 
Over $5,000,000.00 .......... $431,457.50 plus 10.75% of the 24 
                            excess over $5,000,000.00 25 
 26 
 (7) for taxable years beginning on or after January 1, 2020: 27 
 28 
If the taxable income is:  The tax is: 29 
 30 
Not over $20,000.00........   1.400% of taxable income 31 
 32 
Over $20,000.00 but not 33 
 over $50,000.00....    $280.00 plus 1.750% of the 34 
    excess over $20,000.00 35 
 36 
Over $50,000.00 but not 37 
 over $70,000.00....   $805.00 plus 2.450% of the 38 
    excess over $50,000.00 39 
 40 
Over $70,000.00 but not 41 
 over $80,000.00...    $1,295.50 plus 3.500% of the 42 
    excess over $70,000.00 43 
 44 
Over $80,000.00 but not 45 
 over $150,000.00..   $1,645.00 plus 5.525% of the 46 
    excess over $80,000.00  47   
S676 A.M.BUCCO, OROHO 
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Over $150,000.00 but not 1 
 over $500,000.00..   $5,512.50 plus 6.370% of the 2 
    excess over $150,000.00 3 
 4 
Over $500,000.00 but not 5 
 over $1,000,000.00..   $27,807.50 plus 8.970% of the 6 
    excess over $500,000.00 7 
 8 
Over $1,000,000.00...  $72,657.50 plus 10.750% of the 9 
    excess over $1,000,000.00 10 
 11 
 b. For married individuals filing separately, unmarried individuals 12 
other than individuals filing as head of household or as a surviving 13 
spouse for federal income tax purposes, and estates and trusts: 14 
 (1)  for taxable years beginning on or after January 1, 1991 but 15 
before January 1, 1994: 16 
 17 
If the taxable income is:          The tax is: 18 
 19 
Not over $20,000.00.......... 2% of taxable income 20 
 21 
Over $20,000.00 but not 22 
 over $35,000.00.......   $400.00 plus 2.5% of the 23 
                            excess over $20,000.00 24 
Over $35,000.00 but not 25 
 over $40,000.00.......   $775.00 plus 5.0% of the 26 
                            excess over $35,000.00 27 
Over $40,000.00 but not 28 
 over $75,000.00.......   $1,025.00 plus 6.5% of the 29 
                            excess over $40,000.00 30 
 31 
Over $75,000.00 ........... $3,300.00 plus 7.0% of the 32 
                                       excess over $75,000.00 33 
 34 
 (2) for taxable years beginning on or after January 1, 1994 but 35 
before January 1, 1995: 36 
 37 
If the taxable income is:           The tax is: 38 
 39 
Not over $20,000.00.......... 1.900% of taxable income 40 
 41 
Over $20,000.00 but not 42 
 over $35,000.00........  $380.00 plus 2.375% of the 43 
                            excess over $20,000.00 44 
 45 
Over $35,000.00 but not 46 
 over $40,000.00........  $736.25 plus 4.750% of the 47 
                            excess over $35,000.00 48   
S676 A.M.BUCCO, OROHO 
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Over $40,000.00 but not 1 
 over $75,000.00........  $973.75 plus 6.175% of the 2 
                                       excess over $40,000.00 3 
 4 
Over $75,000.00 .......... $3,135.00 plus 6.650% of the 5 
                            excess over $75,000.00 6 
 7 
 (3) for taxable years beginning on or after January 1, 1995 but 8 
before January 1, 1996: 9 
 10 
If the taxable income is:           The tax is: 11 
 12 
Not over $20,000.00.......... 1.700% of taxable income 13 
 14 
Over $20,000.00 but not 15 
 over $35,000.00.......   $340.00 plus 2.125% of the 16 
                            excess over $20,000.00 17 
Over $35,000.00 but not 18 
 over $40,000.00.......... $658.75 plus 4.250% of the 19 
                            excess over $35,000.00 20 
Over $40,000.00 but not 21 
 over $75,000.00.......   $871.25 plus 6.013% of the 22 
                            excess over $40,000.00 23 
 24 
Over $75,000.00 .......... $2,975.80 plus 6.580% of the 25 
                            excess over $75,000.00 26 
 27 
 (4) for taxable years beginning on or after January 1, 1996 but 28 
before January 1, 2004: 29 
 30 
If the taxable income is:           The tax is: 31 
 32 
Not over $20,000.00.......... 1.400% of taxable income 33 
 34 
Over $20,000.00 but not 35 
 over $35,000.00........  $280.00 plus 1.750% of the 36 
                            excess over $20,000.00 37 
Over $35,000.00 but not 38 
 over $40,000.00........  $542.50 plus 3.500% of the 39 
                            excess over $35,000.00 40 
Over $40,000.00 but not 41 
 over $75,000.00........  $717.50 plus 5.525% of the 42 
                            excess over $40,000.00 43 
 44 
Over $75,000.00............ $2,651.25 plus 6.370% of the 45 
                            excess over $75,000.00 46 
 (5) for taxable years beginning on or after January 1, 2004 but 47 
before January 1, 2018: 48   
S676 A.M.BUCCO, OROHO 
8 
 
 
If the taxable income is:           The tax is: 1 
 2 
Not over $20,000.00.......... 1.400% of taxable income 3 
 4 
Over $20,000.00 but not 5 
  over $35,000.00........  $280.00 plus 1.750% of the 6 
                            excess over $20,000.00 7 
Over $35,000.00 but not 8 
 over $40,000.00........  $542.50 plus 3.500% of the 9 
                            excess over $35,000.00 10 
Over $40,000.00 but not 11 
 over $75,000.00.......   $717.50 plus 5.525% of the 12 
                            excess over $40,000.00 13 
Over $75,000.00 but not 14 
 over $500,000.00......  $2,651.25 plus 6.370% of the 15 
                            excess over $75,000.00 16 
 17 
Over $500,000.00 ............ $29,723.75 plus 8.970% of the 18 
                            excess over $500,000.00 19 
 20 
 (6) for taxable years beginning on or after January 1, 2018, but 21 
before January 1, 2020: 22 
 23 
If the taxable income is:           The tax is: 24 
 25 
Not over $20,000.00.......... 1.400% of taxable income 26 
 27 
Over $20,000.00 but not 28 
 over $35,000.00........  $280.00 plus 1.750% of the 29 
                           excess over $20,000.00 30 
Over $35,000.00 but not 31 
over $40,000.00........  $542.50 plus 3.500% of the 32 
                            excess over $35,000.00 33 
Over $40,000.00 but not 34 
over $75,000.00........  $717.50 plus 5.525% of the 35 
                                      excess over $40,000.00 36 
Over $75,000.00 but not 37 
over $500,000.00......  $2,651.25 plus 6.370% of the 38 
                            excess over $75,000.00 39 
Over $500,000.00 but not 40 
over $5,000,000.00...  $29,723.75 plus 8.970% of the 41 
                            excess over $500,000.00 42 
 43 
Over $5,000,000.00 .......... $433,373.75 plus 10.75% of the 44 
                            excess over $5,000,000.00 45 
  46 
 (7) for taxable years beginning on or after January 1, 2020:  47   
S676 A.M.BUCCO, OROHO 
9 
 
 
If the taxable income is: The tax is: 1 
 2 
Not over $20,000.00......   1.400% of taxable income 3 
 4 
Over $20,000.00 but not 5 
 over $35,000.00.......     $280.00 plus 1.750% of the 6 
    excess over $20,000.00 7 
Over $35,000.00 but not 8 
 over $40,000.00......      $542.50 plus 3.500% of the 9 
    excess over $35,000.00 10 
Over $40,000.00 but not 11 
 over $75,000.00......      $717.50 plus 5.525% of the 12 
    excess over $40,000.00 13 
Over $75,000.00 but not 14 
 over $500,000.00...     $2,651.25 plus 6.370% of the 15 
    excess over $75,000.00 16 
Over $500,000.00 but not 17 
 over $1,000,000.00..  $29,723.75 plus 8.970% of the 18 
    excess over $500,000.00 19 
 20 
Over $1,000,000.00.... $74,573.75 plus 10.750% of the 21 
    excess over $1,000,000.00 22 
 23 
 c. For the purposes of this section, an individual who would be 24 
eligible to file as a head of household for federal income tax purposes 25 
but for the fact that such taxpayer is a nonresident alien, shall 26 
determine tax pursuant to subsection a. of this section. 27 
 d. For the purposes of this section, for taxable year 2018, 28 
withholding by every employer from salaries, wages and other 29 
remuneration paid by an employer for services rendered described in 30 
subsections a. and b. of this section, in excess of $5,000,000 during 31 
that taxable year, shall be at the rate of 15.6% as soon as practicable 32 
but no later than September 1, 2018. The Director of the Division of 33 
Taxation is authorized to do all things necessary to implement the 34 
withholding tax prescribed by this section for taxable year 2018. 35 
 e. No additions to tax or penalty shall be imposed under 36 
N.J.S.54A:9-6 for insufficient payment of estimated tax that may 37 
otherwise be due on salaries, wages and other remuneration received 38 
before September 1, 2018, on which there is a rate of tax imposed 39 
pursuant to subsections a. and b. of this section. 40 
 f. An employer maintaining an office or transacting business 41 
within this State and making payment of any salaries, wages and 42 
remuneration subject to New Jersey gross income tax or making 43 
payment of any remuneration for employment subject to contribution 44 
under the New Jersey "unemployment compensation law," pursuant to 45 
R.S.43:21-1 et seq., that is subject to New Jersey gross income tax 46 
shall not be subject to interest, penalties or other costs that may 47 
otherwise be imposed for insufficient withholding of salaries, wages 48   
S676 A.M.BUCCO, OROHO 
10 
 
 
and other remuneration made before September 1, 2018, that is 1 
directly attributable to the enactment of the taxable income tables and 2 
tax rates in subsections a. and b. of this section. 3 
 g. The director shall annually recompute the taxable income 4 
bracket amounts and tax amount per taxable income bracket by 5 
multiplying each adjusted taxable income bracket amount by the cost-6 
of-living adjustment, and recomputing the taxable income bracket 7 
amounts at the statutory tax rates with the recomputed bracket 8 
amounts. Notwithstanding the taxable income bracket amounts and 9 
tax amount per taxable income bracket provided in the tax tables in 10 
this section, each taxpayer shall use the adjusted taxable income 11 
bracket amounts and tax amount per taxable income bracket as 12 
computed by the director for the applicable taxable year.  The director 13 
shall round the recomputed taxable income bracket amounts to the 14 
next highest multiple of $10. 15 
 h. For the purposes of this section, "cost-of-living adjustment" 16 
means the factor calculated by dividing the consumer price index for 17 
all urban consumers for the nation, as prepared by the United States 18 
Department of Labor as of the close of the 12-month period ending on 19 
August 31 of the calendar year prior to the calendar year in which the 20 
taxable year begins, by that index as of the close of the 12-month 21 
period ending on August 31 of the calendar year preceding the 22 
calendar year in which P.L.    , c.   (pending before the Legislature as 23 
this bill) takes effect. 24 
(cf: P.L.2020, c.94, s.1) 25 
 26 
 2. This act shall take effect immediately and shall apply to 27 
taxable years beginning on and after January 1 next following the 28 
date of enactment. 29