Bill
Bill > S1049
NJ S1049
NJ S1049Extends 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
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 taxpayers to file amended tax returns to correct overpayments of gross income tax related to military pension or survivor's benefit payments. Currently, taxpayers generally have three years from filing a return or two years from paying the tax to claim a refund or credit for an overpayment. However, this bill creates a new provision specifically for military pension and survivor's benefit payments, which are exempt from New Jersey gross income tax. Under this new provision, taxpayers who erroneously reported these payments as taxable income will have 10 years from the date they filed their tax return or 10 years from the date they paid the tax, whichever is later, to file an amended return and claim a refund or credit for the overpaid tax. This extended period aims to help individuals who may have incorrectly paid taxes on these specific military benefits.
Committee Categories
Budget and Finance
Sponsors (4)
Last Action
Introduced in the Senate, Referred to Senate Budget and Appropriations Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S1049 |
| BillText | https://pub.njleg.gov/Bills/2026/S1500/1049_I1.HTM |
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