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Bill > S3858


NJ S3858

NJ S3858
Eliminates transfer inheritance tax for step-grandchildren.


summary

Introduced
03/10/2026
In Committee
03/10/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill eliminates the State's transfer inheritance tax for the step-grandchildren of a decedent by treating step-grandchildren the same as a decedent's stepchildren and grandchildren under the New Jersey Transfer Inheritance Tax Act, R.S.54:33-1 et seq. Currently, step-grandchildren are treated as Class D beneficiaries under subsection d. of R.S.54:34-2 because they do not fall within any of the other statutory classes of beneficiaries (Classes A and C; subsections a. and c.) set forth in that section of law. As Class D beneficiaries, step-grandchildren of a decedent are subject to a transfer inheritance tax of: 15 percent on any property transfer of an amount up to $700,000; and 16 percent on any property transfer in excess of that amount. By contrast, the grandchildren of a decedent, being the "issue of any child or legally adopted child of a decedent," are classified as Class A beneficiaries under subsection a. of R.S.54:34-2, and thus are not subject to any transfer inheritance tax pursuant to the provisions of that section of law. Transfers to stepchildren are likewise treated as Class A beneficiaries and exempt from any transfer inheritance tax under R.S.54:34-2.1. Under the bill, step-grandchildren, i.e., the issue of any stepchild of a decedent, would be treated like stepchildren and grandchildren with respect to a decedent's property transfer, and thus be considered Class A beneficiaries subject to no taxation.

AI Summary

This bill amends the New Jersey Transfer Inheritance Tax Act to eliminate the state's transfer inheritance tax for step-grandchildren, meaning the children of a decedent's stepchild. Currently, step-grandchildren are taxed as "Class D beneficiaries" at a rate of 15% on transfers up to $700,000 and 16% on amounts exceeding that, because they are not explicitly covered by other tax exemption categories. This bill reclassifies them as "Class A beneficiaries," similar to a decedent's own grandchildren (who are the "issue of any child or legally adopted child") and stepchildren, who are already exempt from this tax. By making this change, step-grandchildren will no longer be subject to any transfer inheritance tax on property they inherit, aligning their tax treatment with that of direct grandchildren and stepchildren. This change will take effect on January 1, 2025.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Budget and Appropriations Committee (on 03/10/2026)

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