New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A350

Introduced
1/11/22  

Caption

Allows commercial property owners to claim certain amounts of commercial tenant rent forgiveness during COVID-19 emergency as deduction against property owner's income under CBT or GIT.

Impact

The bill limits deductions to rent forgiveness provided for eligible businesses during the public health emergency declared by the Governor, specifically for months prior to September 2020. Eligible businesses must lease commercial properties and cannot be part of the same controlled or affiliated group as the property owner. This legislation aims to bolster economic recovery by ensuring that landlords can mitigate some of their losses while aiding tenants who may otherwise be forced out of business due to the financial strain of rent obligations.

Summary

Assembly Bill A350 allows commercial property owners in New Jersey to claim deductions for certain amounts of rent forgiveness granted to tenants during the COVID-19 pandemic. Specifically, it permits property owners to deduct up to 33.3 percent of forgiven rent or $15,000, whichever is less, from their Corporation Business Tax (CBT) or Gross Income Tax (GIT) liabilities. The bill is designed to provide financial relief to business owners who have been adversely affected by the pandemic, helping to ease their tax burdens while supporting commercial tenants who are struggling to meet their rental obligations.

Contention

One notable point of contention within the discussions around AB350 pertains to the scope and definition of 'eligible businesses.' Some lawmakers may argue about the fairness and potential loopholes that could allow larger corporate entities to benefit disproportionately from the deductions, while smaller, locally-owned businesses might struggle without similar support mechanisms. Additionally, questions may arise regarding the effectiveness of such tax incentives in stimulating economic recovery and whether more direct assistance to tenants might be a more effective approach.

Companion Bills

No companion bills found.

Previously Filed As

NJ A11252

Establishes the commercial tenant opportunity to purchase act; provides commercial tenants the right of first refusal for the purchase of certain commercial rental properties.

NJ A2656

Increases, from 18 percent to 30 percent, amount of rental payments defined as rent constituting property taxes for purposes of deduction from gross income for property tax payments.

NJ S1759

Increases amount of rental payments defined as rent constituting property taxes for purposes of deduction from gross income for property tax payments; increases property tax credit option for certain individuals.

NJ A2684

Increases, from 18 percent to 30 percent, amount of rent constituting property taxes for purposes of gross income tax deduction for certain tenants.

NJ A870

"Homeowners' Historic Property Reinvestment Act"; allows homeowners to claim credit against gross income tax for certain costs of rehabilitating historic properties.

NJ S3545

"Homeowners' Historic Property Reinvestment Act"; allows homeowners to claim credit against gross income tax for certain costs of rehabilitating historic properties.

NJ SB592

Property tax: change in ownership: residential rental property.

NJ S2673

Provides mortgage payment relief, income tax relief, consumer reporting protection, and eviction protection for residential property owners, tenants, and other consumers, economically impacted during time of coronavirus disease 2019 pandemic.

NJ SB0194

Assessment of certain commercial property.

NJ A2680

Increases gross income tax relief based on rent constituting property taxes for residential tenants and establishes refundable gross income tax credit in place of gross income tax deduction for residential tenants.

Similar Bills

CA SB547

Commercial property insurance cancellation and nonrenewal.

IL SB2143

VEH CD-TOWING

CT HB05263

An Act Concerning The Assignment Of Post-loss Homeowners And Commercial Property Insurance Benefits, Consumer Bill Of Rights And Revising Disclosure Requirements For Home Improvement Contractors And Salespersons.

FL H0213

Property Rights

CA SB996

Manufactured housing: classification as real property.

CA SB789

Taxation: information returns: vacant commercial real property.

NJ A2586

Vacant Storefront Registry Program; establishes public database of vacant commercial space for small businesses.

IL HB1163

COUNTIES CD-SOLAR&WIND ENERGY