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Bill > S1128


NJ S1128

NJ S1128
Disallows tax deduction under corporation business tax and gross income tax for punitive damages paid in connection with legal action; includes amount paid as punitive damages on behalf of taxpayer in income for tax purposes.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill disallows tax deductions under the corporation business tax and the gross income tax for punitive damages paid or incurred in connection with a judgment in or settlement of a legal action and includes in a taxpayer's taxable income the amount paid to, or on behalf of, the taxpayer as insurance or otherwise by reason of the taxpayer's liability or agreement to pay punitive damages. Under current law, a corporation or an individual business owner may deduct the cost of court-ordered punitive damages as an "ordinary business expense." This tax loophole allows companies to wreak horrible damage to public assets and private property, destroying lives and livelihoods, and write it off as a cost of doing business. This bill eliminates that tax break, and requires corporations risking environmental destruction to face the true costs of their actions.

AI Summary

This bill disallows tax deductions under the corporation business tax and the gross income tax for punitive damages paid or incurred in connection with a judgment or settlement of a legal action. It also requires corporations to include the amount paid as punitive damages on their behalf in their taxable income. This eliminates a tax loophole that previously allowed companies to write off punitive damages as a cost of doing business, even if their actions caused significant public and private harm. The bill aims to ensure that corporations face the true costs of their actions when they engage in conduct that warrants punitive damages.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

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