Bill

Bill > A3854


NJ A3854

NJ A3854
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
01/13/2026
In Committee
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 gross income tax returns to correct overpayments 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, subsection (k), which allows taxpayers to file a claim for a credit or refund for overpayments arising from the incorrect reporting of military pension or survivor's benefit payments within 10 years from the date the tax return was filed or 10 years from the date the tax was paid, whichever is later. This change is significant because military pension and survivor's benefit payments are exempt from New Jersey gross income tax, and this bill provides a longer window for individuals who may have mistakenly reported these payments as taxable income to correct their tax filings and receive a refund or credit for the overpaid tax.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Introduced, Referred to Assembly Military and Veterans' Affairs Committee (on 01/13/2026)

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