Sponsored by:

Senator JIM WHELAN

District 2 (Atlantic)

Senator FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)

Senator STEVEN V. OROHO

District 24 (Sussex, Hunterdon and Morris)

Assemblyman LOUIS D. GREENWALD

District 6 (Camden)

Assemblyman MATTHEW W. MILAM

District 1 (Cape May, Atlantic and Cumberland)

Assemblywoman L. GRACE SPENCER

District 29 (Essex and Union)

Assemblywoman NELLIE POU

District 35 (Bergen and Passaic)

Co-Sponsored by:

Senator Sarlo, Assemblymen Conaway and Conners

SYNOPSIS

Phases-in single sales fraction for corporation business tax income allocation formula over three years and establishes airline-specific sales fraction.

CURRENT VERSION OF TEXT

As introduced.

An Act modifying the allocation of the entire net income of corporation business taxpayers, amending and supplementing P.L.1945, c.162.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.1945, c.162 (C.54:10A-6) is amended to read as follows:

6. The portion of **[**its**]** __a taxpayer’s__
entire net worth to be used as a measure of the tax imposed by subsection (a)
of section 5 of P.L.1945, c.162 (C.54:10A-5), and the portion of its entire net
income to be used as a measure of the tax imposed by subsection (c) of section
5 of P.L.1945, c.162 (C.54:10A-5), shall be determined by multiplying such
entire net worth and entire net income, respectively, by an allocation factor
which is the property fraction, plus twice the sales fraction plus the payroll
fraction and the denominator of which is four, __and which, for privilege
periods beginning on or after January 1, 2012, is the sum of the portions of
the property fraction, the sales fraction, and the payroll fraction determined
in accordance with the following schedule:__

__for
privilege periods beginning on or after ____January 1, 2012____ but before ____January 1, 2013____, 15% of the property fraction plus 70% of
the sales fraction plus 15% of the payroll fraction,__

__for
privilege periods beginning on or after ____January 1, 2013____ but before ____January 1, 2014____, 5% of the property fraction plus 90% of
the sales fraction plus 5% of the payroll fraction, and__

__for
privilege periods beginning on or after ____January 1, 2014____, 100% of the sales fraction,__

except as the director may determine pursuant to section 8 of P.L.1945, c.162 (C.54:10A-8), that is:

(A) The property fraction is the average value of the taxpayer's real and tangible personal property within the State during the period covered by its report divided by the average value of all the taxpayer's real and tangible personal property wherever situated during such period; provided, however, that for the purpose of determining average value, the provisions with respect to depreciation as set forth in subparagraph (F) of paragraph (2) of subsection (k) of section 4 of P.L.1945, c.162 (C.54:10A-4) shall be taken into account for arriving at such value.

(B) The sales fraction is the receipts of the taxpayer, computed on the cash or accrual basis according to the method of accounting used in the computation of its net income for federal tax purposes, arising during such period from

(1) sales of its tangible personal property located within this State at the time of the receipt of or appropriation to the orders where shipments are made to points within this State,

(2) sales of tangible personal property located without the State at the time of the receipt of or appropriation to the orders where shipment is made to points within the State,

(3) (Deleted by amendment.)

(4) services performed within the State,

(5) rentals from property situated, and royalties from the use of patents or copyrights, within the State,

(6) all other business receipts (excluding dividends excluded from entire net income by paragraph (1) of subsection (k) of section 4 of P.L.1945, c.162 (C.54:10A-4)) earned within the State,

divided by the total amount of the taxpayer's receipts, similarly computed, arising during such period from all sales of its tangible personal property, services, rentals, royalties and all other business receipts, whether within or without the State.

(C) The payroll fraction is the total wages, salaries and other personal service compensation, similarly computed, during such period of officers and employees within the State divided by the total wages, salaries and other personal service compensation, similarly computed, during such period of all the taxpayer's officers and employees within and without the State.

In the case of a banking corporation which maintains a regular place of business outside this State other than a statutory office, and which elects to take the exclusion from net worth provided in subsection (d) of section 4 of P.L.1945, c.162 (C.54:10A-4) or the deduction from entire net income provided in paragraph (4) of subsection (k) of section 4 of P.L.1945, c.162 (C.54:10A-4), the allocation factor shall be computed and applied in accordance with section 6 of P.L.1945, c.162 (C.54:10A-6); provided, however, that the numerators and the denominators of the fractions described in (A), (B) or (C) above shall include all amounts attributable, directly or indirectly, to the production of the eligible net income of an international banking facility as defined in paragraph (4) of subsection (k) of section 4 of P.L.1945, c.162 (C.54:10A-4), whether or not such amounts are otherwise attributable to this State.

(cf: P.L.2008, c.120, s.2)

2. (New section) Notwithstanding the provisions of section 6 of P.L.1945, c.162 (C.54:10A-6), the sales fraction for the transportation revenues of a taxpayer that is an airline shall be determined as the ratio of revenue miles in this State divided by total revenue miles; provided however, that if a taxpayer that is an airline is engaged in the transportation of passengers, the transportation of freight, or the rental of aircraft, the ratio under this section shall be determined by means of an average of a passenger revenue mile fraction, freight revenue mile fraction, and rental revenue mile fraction weighted to reflect the taxpayer’s relative gross receipts from passenger transportation, freight transportation, and rentals.

3. This act shall take effect immediately; provided however, that section 2 shall apply to privilege periods beginning on or after January 1, 2012.

STATEMENT

This bill modifies the corporation business tax formula used to determine the portion of the income of a corporation subject to tax by the State of New Jersey from a three-factor formula to a single sales factor formula, and establishes a specialized sales fraction formula for airlines that are subject to taxation.

Each state that imposes a corporate income tax determines the portion of the total income of a corporation subject to state tax by using formulas that measure specific activities of the corporation assigned to that state. The portion of the income of the corporation subject to tax by a state is determined by the proportion of some activity in the state to the total of such activity of the corporation.

The New Jersey corporation business tax employs a three-fraction formula that apportions a share of a corporation’s income to this State based on a weighted average of the following fractions: (1) a corporation’s property in this State over the corporation’s total property; (2) a corporation’s sales in this State over the corporation’s total sales; and (3) the corporation’s payroll in this State over the corporation’s total payroll. Currently, the sales fraction accounts for 50% of the apportionment and the property and payroll fractions each account for 25% of the apportionment.

This bill replaces the three-factor formula with a single sales factor formula. The change is phased in over three years, beginning with privilege periods beginning on or after January 1, 2012 but before January 1, 2013. For that year, the sales fraction will account for 70% of the apportionment and the property and payroll fractions will each account for 15% of the apportionment. For privilege periods beginning on or after January 1, 2013 but before January 1, 2014, the sales fraction will increase to 90% and the property and payroll fractions will each account for 5% of the apportionment. For privilege periods beginning on or after January 1, 2014, the sales fraction will account for 100% of the apportionment.

In addition, certain industries have specialized formulas adopted by regulation which more appropriately measure taxpayers' relative activity in New Jersey than the standard formula. The sales fraction for airlines is currently determined based on the ratio of departures from New Jersey to total departures, weighted as to cost and value of aircraft by type where weighting would give a fairer, more reasonable business allocation factor.

This bill codifies a modified sales fraction formula for airlines. Under its provisions, the current sales fraction based on the ratio of departures is replaced by a sales fraction determined as the ratio of an airline’s revenue miles in this State divided by an airline’s total revenue miles.