Bill

Bill > A6095


NJ A6095

NJ A6095
Extends time period in which gross income taxpayers may file amended tax returns to correct overpayment of tax related to military pension payments or military survivor's benefit payments.


summary

Introduced
11/24/2025
In Committee
11/24/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill extends the period of time in which a taxpayer may file an amended gross income tax return to correct an overpayment of income tax arising as a result of the erroneous reporting of gross income attributable to military pension payments or military survivor's benefit payments received from the United States. Specifically, this bill would allow a taxpayer to file an amended tax return to claim a credit or refund for the overpayment within 10 years after the filing of a tax return or 10 years after the payment of the tax, whichever occurs later. The amount of the credit or refund for overpayment of tax would not exceed the amount which would be allowable if the claim had been filed on the date the credit or refund is allowed. Under current law, a taxpayer claiming a credit or refund of an overpayment of income tax is required to file the claim within three years from the time the tax return was filed or two years from the time the tax was paid, whichever of such periods expires later, or if no return was filed, within two years from the time the tax was paid. Currently, military pension payments or military survivor's benefit payments are exempt from New Jersey gross income tax. In the event that a taxpayer reported these payments as taxable gross income, without claiming the authorized exclusion, this bill would extend the period of time in which the taxpayer could correct the error.

AI Summary

This bill extends the time period for New Jersey taxpayers to file amended gross income tax returns to correct overpayments specifically related to military pension payments or military survivor's benefit payments. Under current law, taxpayers generally have three years from filing a tax return or two years from paying taxes to claim a refund or credit. This bill creates a new provision that allows taxpayers to file such amended returns within 10 years from the original return filing or tax payment, whichever is later, when the overpayment stems from incorrectly reporting military pension or survivor's benefit income. This change recognizes that military pension and survivor's benefit payments are exempt from New Jersey gross income tax, and provides a longer window for taxpayers who may have mistakenly reported these payments as taxable income to correct their error and claim a refund. The bill specifies that the amount of the credit or refund cannot exceed what would have been allowable if the claim was filed on the date the credit or refund is actually allowed, ensuring that taxpayers are not overcompensated for their original tax reporting mistake.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Introduced, Referred to Assembly Military and Veterans' Affairs Committee (on 11/24/2025)

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