New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S4121

Introduced
5/11/26  

Caption

Requires State to elect to participate in federal tax credit scholarship program and directs Commissioner of Education to provide required information to U.S. Secretary of the Treasury.

Summary

S4121 requires New Jersey to opt into a federal tax credit scholarship program created under section 25F of the Internal Revenue Code. Beginning with taxable years after December 31, 2026, the State would be treated as a participating state for purposes of the federal program that gives individuals a federal income tax credit for contributions to scholarship granting organizations, up to $1,700 per year. The bill is framed as a state election into a federal program rather than the creation of a new state scholarship tax credit. The bill also directs the Commissioner of Education to annually provide the U.S. Secretary of the Treasury with whatever information federal law requires for New Jersey to remain eligible, including a list of scholarship granting organizations in the State that meet federal requirements. The bill takes effect immediately, but the participation election applies only to taxable years beginning after December 31, 2026.

Impact

The bill would add a new state-level obligation to support participation in a federal tax credit regime by requiring the State to make the annual election to participate and to submit the required organizational information to Treasury. It would not itself create a new New Jersey tax credit, but it would affect which scholarship granting organizations in New Jersey can receive qualified contributions that generate federal credits for donors. The practical effect is to integrate New Jersey into the federal scholarship tax credit program and potentially expand funding streams for private scholarship organizations serving eligible students.

Sentiment

Based on the bill text and the absence of committee testimony or recorded votes in the provided materials, the overall sentiment appears supportive and administrative in nature. The sponsor’s framing emphasizes enabling New Jersey residents and organizations to benefit from a federal program, suggesting the bill is intended to facilitate participation rather than impose a controversial new tax policy. No recorded opposition, amendments, or divided committee views are available in the provided context.

Contention

The main policy issue is whether New Jersey should participate in the federal scholarship tax credit program at all, since the bill makes the State’s participation mandatory rather than leaving it to executive discretion. Potential points of contention include the role of private scholarship granting organizations, the use of tax incentives to direct funding outside the public school system, and whether the program benefits families above or below the income thresholds set by federal law. Another possible issue is the administrative burden on the Department of Education to identify qualifying organizations and provide annual information to the Treasury Department.

Companion Bills

NJ A4777

Same As Requires State to participate in federal tax credit scholarship program and directs Commissioner of Education to provide required information to U.S. Secretary of the Treasury.

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