(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 6 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 7 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