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Bill > A173
NJ A173
NJ A173Provides gross income tax deduction for amounts paid to taxpayers for sale of certain real property interests for conservation purposes.
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 provides for a gross income tax deduction for amounts paid to taxpayers in exchange for their sale of certain real property interests for conservation purposes. The New Jersey gross income tax provides a deduction for a charitable, qualified conservation contribution of real property interests for land preservation purposes modeled on the similar federal income tax deduction which covers full land interest sales and restricted land use easements. But land interest sales in New Jersey to various conservation programs for which a purchase price is paid to the New Jersey taxpayer can result in taxable gains for those New Jersey sellers who need to garner some investment income from these sales. To allow a deduction for these transfers with preservation or conservation restrictions on the real estate can prevent developers from buying up environmentally valuable land in this State and benefit both the taxpayer and the residents of the State at large. The bill will allow the deductions for both parts of some mixed transfers referred to as bargain sales in which there is both a charitable donation aspect and a cash purchase payment for less than the land's fair market value (FMV). The donation value is the difference between the FMV and the cash payment. In a bargain sale, a real estate owner is both a seller (for the cash portion) and a donor (for the donated portion) of the real estate interest. The bill will also allow a deduction for full market value sales to conservation organization which include certain governmental programs and non-profit run preservation programs. These programs will include but not be limited to those run by a governmental unit, charitable trust, foundation or charitable non-profit organization that participates in a Green Acres program, Blue Acres program, farmland preservation program, historic preservation program, the Highlands Transfer Development Rights Program, a park or forestry or an open space and recreation space preservation or conservation program or a wildlife, hunting or fishing conservation and restoration program.
AI Summary
This bill allows New Jersey taxpayers to receive a deduction against their gross income for amounts received from selling certain real property interests for conservation purposes, aiming to encourage land preservation and prevent environmentally valuable land from being developed. This deduction applies to both full market value sales and "bargain sales," which are transactions where a seller receives less than the property's full market value and part of the transfer is considered a charitable donation. The bill defines "qualified organization" as entities eligible under federal law for conservation contributions, including governmental units and non-profit organizations involved in programs like Green Acres, Blue Acres, farmland preservation, historic preservation, and various park, forestry, open space, and wildlife conservation initiatives. The deduction amount will be equal to the capital gain realized from the sale, and in the case of a bargain sale, the property's cost basis will be proportionally allocated between the sale and donation portions. This new deduction is modeled after a similar federal income tax deduction and also amends existing New Jersey law to clarify that a deduction can be claimed for the charitable donation portion of a bargain sale.
Committee Categories
Agriculture and Natural Resources
Sponsors (13)
Dawn Fantasia (R)*,
Michael Inganamort (R)*,
Jim Kennedy (D)*,
Rosaura Bagolie (D),
Alixon Collazos-Gill (D),
Chris DePhillips (R),
Margie Donlon (D),
Paul Kanitra (R),
Antwan McClellan (R),
Gregory Myhre (R),
Luanne Peterpaul (D),
Erik Peterson (R),
Alex Sauickie (R),
Last Action
Introduced, Referred to Assembly Environment and Solid Waste 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/A173 |
| BillText | https://pub.njleg.gov/Bills/2026/A0500/173_I1.HTM |
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