New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A307

Introduced
1/9/24  

Caption

Requires State Treasurer to issue report concerning New York's taxation of New Jersey residents' income.

Impact

The report mandated by A307 will cover several critical areas, including the efforts the State of New Jersey has made to ensure fair taxation for its residents who commute to work in New York. It will estimate the tax credits New Jersey residents have received for taxes paid to New York from 2011 to 2020 and consider possible strategies to protect New Jersey's fiscal interests against New York's taxation policies. This could potentially result in significant tax savings for New Jersey residents if measures are found to shift income tax payments from New York to New Jersey.

Summary

Assembly Bill A307 requires the New Jersey State Treasurer to issue a comprehensive report regarding the taxation of New Jersey residents' income by the State of New York. This report is imperative as it aims to address growing inequities faced by thousands of New Jersey residents who work for employers based in New York, resulting in income taxes being deducted from their salaries even when they primarily work from home. The bill acknowledges the complex nature of income taxation across state lines, especially in the light of recent trends exacerbated by COVID-19, which have seen an increase in remote work among New Jersey residents previously taxed by New York.

Contention

A307 arises from a context of growing concern regarding the perceived unfairness of New York's taxation of New Jersey commuters. There is contention over whether the current taxation system is equitable, as many New Jersey residents may only infrequently travel to New York for work. The bill also highlights a broader debate about state sovereignty over tax policy and how states may regulate or enforce tax collection from residents who work across state boundaries. Further, there are underlying implications regarding how technology and remote work affect traditional tax structures.

Recommendations

The bill will also include an analysis of how other states manage similar tax implications for residents commuting across state lines, and it will provide recommendations based on these findings. Additionally, the report may elaborate on New Jersey's role in addressing ongoing litigation relevant to state taxation issues, such as the case between New Hampshire and Massachusetts concerning the legality of taxing residents working outside the state. The bill is a first step in potentially redefining tax policies affecting residents and addressing the evolving landscape of work in response to modern challenges.

Companion Bills

NJ S658

Carry Over Requires State Treasurer to issue report concerning New York's taxation of New Jersey residents' income.

NJ A4849

Carry Over Requires State Treasurer to issue report concerning New York's taxation of New Jersey residents' income.

Previously Filed As

NJ A4849

Requires State Treasurer to issue report concerning New York's taxation of New Jersey residents' income.

NJ S658

Requires State Treasurer to issue report concerning New York's taxation of New Jersey residents' income.

NJ A2707

Requires State Treasurer to issue report concerning New York's taxation of New Jersey residents' income.

NJ A5659

Establishes "New Jersey Commission to Reform the Assessment and Taxation of Residential Real Property."

NJ AR25

Expresses opposition to New York's congestion pricing plan and urges Federal Highway Administration to include New Jersey stakeholders in decision-making process.

NJ A319

Requires Director of Division of Taxation to conduct study on impact of State business income taxation on business out-migration, formation, and employment for previous and upcoming tax years.

NJ AR169

Expresses opposition to New York's congestion pricing plan and urges Federal Highway Administration to include New Jersey stakeholders in decision-making process.

NJ A2076

Revises various provisions concerning New Jersey Aspire Program and surrender of tax credits issued under New Jersey Economic Recovery Act of 2020.

NJ S1323

Revises various provisions concerning New Jersey Aspire Program and surrender of tax credits issued under New Jersey Economic Recovery Act of 2020.

NJ S1144

"State Bank of New Jersey Act."

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