SENATE, No. 231

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators INVERSO and ADLER

 

 

An Act concerning the taxation of S corporations under the corporation business tax, amending P.L.1945, c.162.

 

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

 

    1. Section 5 of P.L.1945, c.162 (C.54:10A-5) is amended to read as follows:

    5. The franchise tax to be annually assessed to and paid by each taxpayer shall be the sum of the amount computed under subsection (a) hereof, or in the alternative to the amount computed under subsection (a) hereof, the amount computed under subsection (f) hereof, and the amount computed under subsection (c) hereof:

    (a) That portion of its entire net worth as may be allocable to this State as provided in section 6, multiplied by the following rates: 2 mills per dollar on the first $100,000,000.00 of allocated net worth; 4/10 of a mill per dollar on the second $100,000,000.00; 3/10 of a mill per dollar on the third $100,000,000.00; and 2/10 of a mill per dollar on all amounts of allocated net worth in excess of $300,000,000.00; provided, however, that with respect to reports covering accounting or privilege periods set forth below, the rate shall be that percentage of the rate set forth in this subsection for the appropriate year:

 

    Accounting or Privilege

    Periods Beginning on or                The Percentage of the Rate

                  After:                                to be Imposed Shall Be:

            April 1, 1983                                      75%

            July 1, 1984                                        50%

            July 1, 1985                                        25%

            July 1, 1986                                         0

 

    (b) (Deleted by amendment, P.L.1968, c.250, s.2.)

    (c) (1) For a taxpayer that is not a New Jersey S corporation, 3¼% of its entire net income or such portion thereof as may be allocable to this State as provided in section 6 of P.L.1945, c.162 (C.54:10A-6); provided, however, that with respect to reports covering accounting or privilege periods or parts thereof ending after December 31, 1967, the rate shall be 4¼%; and that with respect to reports covering accounting or privilege periods or parts thereof ending after December 31, 1971, the rate shall be 5½%; and that with respect to reports covering accounting or privilege periods or parts thereof ending after December 31, 1974, the rate shall be 7½%; and that with respect to reports covering accounting or privilege periods or parts thereof ending after December 31, 1979, the rate shall be 9%.

    (2) For a taxpayer that is a New Jersey S corporation, for privilege periods beginning before July 1, 1995 the rate determined by subtracting the maximum tax bracket rate provided under N.J.S.54A:2-1 for the [taxable] privilege period from the tax rate provided under paragraph (1) of this subsection for the taxable period, for privilege periods beginning on or after July 1, 1995 but before July 1, 1996 the rate shall be 2.42% and for privilege periods beginning on or after July 1, 1997 the rate shall be 2.00%, multiplied by its entire net income that is not subject to federal income taxation or such portion thereof as may be allocable to this State pursuant to sections 6 through 10 of P.L.1945, c.162 (C.54:10A-6 through 54:10A-10); plus

    (3) For a taxpayer that is a New Jersey S corporation, the tax rate provided under paragraph (1) of this subsection for the [taxable] privilege period multiplied by any of its entire net income that is subject to federal income taxation or such portion thereof as may be allocable to this State pursuant to sections 6 through 10 of P.L.1945, c.162 (C.54:10A-6 through 54:10A-10).

    (d) Provided, however, that the franchise tax to be annually assessed to and paid by any investment company or real estate investment trust, which has elected to report as such and has filed its return in the form and within the time provided in this act and the rules and regulations promulgated in connection therewith, shall, in the case of an investment company, be measured by 25% of its entire net income and 25% of its entire net worth, and in the case of a real estate investment trust, by 4% of its entire net income and 15% of its entire net worth, at the rates hereinbefore set forth for the computation of tax on net income and net worth, respectively, but in no case less than $250.00, and further provided, however, that the franchise tax to be annually assessed to and paid by a regulated investment company which for a period covered by its report satisfies the requirements of Chapter 1, Subchapter M, Part I, Section 852(a) of the federal Internal Revenue Code shall be $250.00.

    (e) The tax assessed to any taxpayer pursuant to this section shall not be less than $25.00 in the case of a domestic corporation, $50.00 in the case of a foreign corporation, or $250.00 in the case of an investment company or regulated investment company. Provided however, that for accounting or privilege periods beginning in calendar year 1994 and thereafter the minimum taxes for taxpayers other than an investment company or a regulated investment company shall be as provided in the following schedule:

 

    Period Beginning    Domestic                Foreign

    In Calendar Year    Corporation            Corporation

                                        Minimum Tax          Minimum Tax

           1994                             $50                              $100

            1995                            $100                            $200

            1996                           $150                            $200

           1997                             $200                            $200

and provided further that the director shall adjust the minimum tax for accounting or privilege periods beginning in each fifth year following calendar year 1997 and each fifth year thereafter by multiplying the minimum tax for periods beginning in 1997 by an amount equal to one plus 75% of the increase, if any, in the annual average total producer price index for finished goods published by the federal Department of Labor, Bureau of Labor Statistics, for the year preceding the determination year over such index for calendar year 1996.

    (f) In lieu of the portion of the tax based on net worth and to be computed under subsection (a) of this section, any taxpayer, the value of whose total assets everywhere, less reasonable reserves for depreciation, as of the close of the period covered by its report, amounts to less than $150,000.00, may elect to pay the tax shown in a table which shall be promulgated by the director.

(cf: P.L.1993, c.173, s.2)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill changes the reduced corporation business tax rate on S corporations to a fixed rate of 2% over two years.

    Under subchapter S of the federal Internal Revenue Code, certain business corporations with 35 or fewer shareholders may elect special tax treatment of most of their corporate income. Currently, New Jersey allows corporations that have elected the federal S corporation treatment to also elect special New Jersey taxation, including a reduced tax rate. The corporation business tax rate for S corporation income is determined as the difference between the regular corporation business tax rate (currently 9%) and the highest marginal rate under the New Jersey gross income tax (currently 6.58%), so the S corporation tax rate will be 2.42% for the 1995 taxable year.

    If the highest marginal rate under the gross income tax is decreased further to 6.37%, the S corporation tax rate will increase to 2.63% for the 1996 taxable year and thereafter.

    This bill holds the S corporation tax rate at 2.42% for the 1996 tax year and sets the tax rate at 2.00% for tax years thereafter, so that the rate will not increase if the gross income tax rates are again decreased by the Legislature.

 

 

 

Changes corporation business tax rate for S corporations to fixed 2% rate over two years.