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Bill > A3328


NJ A3328

NJ A3328
Provides gross income tax deduction to certain surviving spouses of veterans.


summary

Introduced
02/25/2020
In Committee
02/25/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill provides an annual exemption under the New Jersey gross income tax, in the amount of $3,000, to a taxpayer who is the surviving spouse of a qualifying veteran of active duty military service. Under current law, a taxpayer who is a veteran honorably discharged or released under honorable circumstances from active duty in the United States Armed Forces or a reserve component thereof, or the National Guard of New Jersey in a federal active duty status, may be eligible to receive a gross income tax exemption in the amount of $3,000 for each taxable year in which the veteran qualifies. This bill extends the a gross income tax exemption to the surviving spouse of a veteran who has died while on active duty; was honorably discharged from active duty; or was released from active duty under honorable circumstances. If a surviving spouse remarries or cohabitates with another person and holds that person out to be his spouse, he becomes no longer eligible to receive the exemption. A surviving spouse who remarries remains eligible for the personal exemption if the remarriage was void or has been annulled, unless it is determined that the annulment was obtained through fraud or collusion, or if the surviving spouse remarries after the age of 57. The eligibility of a surviving spouse to receive the benefit allowed by this bill is modeled on federal regulations governing the eligibility of a surviving spouse to receive Death (Survivor's) Pension benefits from the federal Department of Veterans' Affairs.

AI Summary

This bill provides an annual $3,000 gross income tax deduction to a taxpayer who is the surviving spouse of a qualifying veteran of active duty military service. Under current law, veterans may receive a $3,000 tax exemption, and this bill extends that exemption to the surviving spouses of veterans who died while on active duty, were honorably discharged, or were released under honorable circumstances. The surviving spouse's eligibility is modeled on federal regulations governing survivor's pension benefits, with provisions requiring the spouse to have been married to the veteran at the time of death and not have remarried, with some exceptions.

Committee Categories

Military Affairs and Security

Sponsors (4)

Last Action

Introduced, Referred to Assembly Military and Veterans' Affairs Committee (on 02/25/2020)

bill text


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