New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S751

Introduced
1/9/24  

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 is expected to have a significant impact on small businesses with fewer than 500 employees, particularly those that are privately held. By exempting capital gains from taxation when these securities are sold to employee stock ownership plans or worker-owned cooperatives, the legislation encourages local ownership and discourages the tendency of businesses being sold to out-of-state buyers, which can lead to job losses. Furthermore, the New Jersey Economic Development Authority will play a crucial role in certifying that such transactions meet the criteria necessary for the tax exclusion, thereby reinforcing job security and fostering local economic development.

Summary

Senate Bill S751 introduces a gross income tax exclusion for capital gains arising from the sale of certain employer securities by qualified businesses. The legislation aims to support small businesses in New Jersey by incentivizing them to establish employee stock ownership plans. This form of employee ownership allows businesses to share ownership with workers without requiring personal investment from them, thereby facilitating workforce engagement and stabilizing employment levels. Through this tax exclusion, the bill is designed to retain full-time jobs and provide a net positive economic benefit to the state.

Contention

Debate surrounding Bill S751 may center on the efficacy of these incentives and their potential impact on state tax revenue. Proponents argue that the bill's focus on retaining jobs through employee ownership will enhance the state's economy and reduce unemployment rates, as history suggests that employee-owned firms tend to perform better in these metrics. Critics, however, may raise concerns about the effectiveness of tax exclusions in truly ensuring job retention and question whether the benefits to small businesses justify the potential revenue loss for the state's tax base. The balance between economic benefit and fiscal responsibility will likely be a significant point of discussion as the bill progresses.

Companion Bills

NJ S398

Carry Over 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.

Similar Bills

CA SB1407

California Employee Ownership Act.

CA SB706

Property taxation: change in ownership.

CA SB1319

Property taxation: change in ownership.

CA SB1237

Property taxation: change in ownership.

CA AB1560

Crematories: change in ownership.

CA SB1457

Housing: California Family Home Construction and Homeownership Bond Act of 2022.

NJ A1274

Requires MVC to establish system for salvage processors to electronically process salvage certificates of title.

CA AB2330

Total loss salvage and nonrepairable vehicles.