Bill

Bill > A2993


NJ A2993

NJ A2993
Allows New Jersey S corporations to elect to transfer corporation business tax credits to shareholders to apply against the shareholders' gross income tax liability.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill allows New Jersey S corporations to elect to transfer corporation business tax credits to shareholders to apply against gross income tax liability. Most large C corporations pay State corporation business tax on profits at the rate of 9%. Subchapter S corporations pay corporation business tax at a reduced rate, currently at a 1.33% rate that is scheduled to phase down to a zero rate for Tax Year 2007 and thereafter. A wide range of credits are available under the corporation business tax to provide incentives for employee benefits, encourage investment in communities in need of redevelopment, encourage job creation, and promote investment in infrastructure located in New Jersey. These corporation business tax credits are typically limited to reducing tax liability by half, so a typical credit can reduce the tax liability of a large C corporation from 9% to 4.5%, a substantial incentive. Because the liability of a subchapter S corporation can only be reduced from 1.33% to 0.66%, these credits provide much less incentive to subchapter S corporations to do the things the credits are designed to promote. This bill allows subchapter S corporations to elect to pass the corporate level credits through to their shareholders, for the purpose of allowing the shareholders to reduce their individual New Jersey gross income tax liabilities on the income they are deemed to have received from the subchapter S corporation. The bill allows this pass-through for the Alternate Commuting Credit, the Urban Enterprise Zone New Employment Credit, the Qualified Municipality Open For Business Credit, the Neighborhood Revitalization Credit, the New Jobs Investment Tax Credit, the Manufacturing Equipment and Employment Investment Credit, the Research and Development Credit, the Water Treatment Equipment Credit, and the Urban Development Project Employment Tax Credit.

AI Summary

This bill allows New Jersey S corporations, which are businesses taxed at a lower rate than larger C corporations, to elect to transfer certain business tax credits they are eligible for to their shareholders. These credits, which are typically used to incentivize economic development, job creation, and investment, are currently of limited benefit to S corporations because their lower tax liability means they can only use a small portion of the credit. By allowing S corporations to pass these credits through to their shareholders, the bill enables those shareholders to use the credits to reduce their individual gross income tax liability on income they receive from the S corporation, making these incentives more meaningful for S corporation owners. The bill specifies a list of nine different business tax credits that can be transferred, including those related to urban enterprise zones, new employment, neighborhood revitalization, and research and development, and outlines that the transfer will be proportional to each shareholder's ownership interest, with specific limitations on how much of the credit a shareholder can use against their personal tax liability.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced, Referred to Assembly Commerce and Economic Development Committee (on 01/13/2026)

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