Bill Text: NJ A1802 | 2022-2023 | Regular Session | Amended
Bill Title: Provides gross income tax credit for certain expenses paid or incurred for care and support of qualifying senior family member; designated as Caregiver's Assistance Act.
Spectrum: Slight Partisan Bill (Democrat 18-7)
Status: (Introduced - Dead) 2022-05-09 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A1802 Detail]
Download: New_Jersey-2022-A1802-Amended.html
ASSEMBLY, No. 1802
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen McKeon, Dancer, Rooney, Assemblywomen Chaparro and Reynolds-Jackson
SYNOPSIS
Provides gross income tax credit for certain expenses paid or incurred for care and support of qualifying senior family member; designated as Caregiver's Assistance Act.
CURRENT VERSION OF TEXT
As reported by the Assembly Aging and Senior Services Committee on May 9, 2022, with amendments.
An Act providing a gross income tax credit for certain expenses paid or incurred for the care and support of a qualifying senior family member and designated as the Caregiver's Assistance Act, supplementing chapter 4 of Title 54A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A qualified caregiver having gross income for the taxable year not in excess of $100,000, or not in excess of $50,000 if married or a civil union partner filing separately or if unmarried, not a partner in a civil union, and not filing or eligible to file as head of household or as a surviving spouse for federal income tax purposes, shall be allowed a credit against the tax otherwise due for the taxable year under the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., in an amount equal to 22.5 percent of the qualified care expenses paid or incurred by the qualified caregiver during the taxable year for the care and support of a qualifying senior family member that are not in excess of $3,000.
b. If two or more qualified caregivers 1[maintain residency at the same permanent place of abode in this State and each qualified caregiver is] are1 allowed a credit in accordance with subsection a. of this section for the same qualifying senior family member, the total amount of the credit allowed shall be allocated in equal amounts between or among each of the qualified caregivers unless the qualified caregivers submit an agreement in writing to the director establishing a different allocation.
c. If a qualified caregiver is allowed a credit in accordance with subsection a. of this section and, during the same taxable year, is allowed a dependent deduction in accordance with paragraph 2 of subsection (b) of N.J.S.54A:3-1 for the qualifying senior family member whose care and support is the basis for the credit allowed in accordance with subsection a. of this section, the qualified caregiver shall be allowed to claim both the deduction and the credit in determining the tax otherwise due for the taxable year under N.J.S.54A:1-1 et seq.
d. If the credit allowed in accordance with subsection a. of this section, together with any other payments and any other credits, deductions, and adjustments allowed by law, reduces the tax liability otherwise due for the taxable year under N.J.S.54A:1-1 et seq. to zero, the amount of the credit remaining shall be paid to the taxpayer as a refund of an overpayment of tax in accordance with N.J.S.54A:9-7; provided however, that subsection (f) of that section, concerning the allowance of interest, shall not apply.
e. The credit for a qualified caregiver who is allowed a credit in accordance with subsection a. of this section but who, in accordance with N.J.S.54A:2-4, is not subject to tax, shall be applied for annually on an application as shall be made available by the director, to be filed with the director on or before the date for filing annual gross income tax returns. The director shall determine the form and manner by which a qualified caregiver who is allowed a credit in accordance with subsection a. of this section shall apply for a refund of an overpayment of tax, and the time of the refund of the overpayment of tax.
f. As used in this section:
"Qualified care expenses" means expenses paid or incurred by a qualified caregiver for the purchase, lease, or rental of tangible personal property and services that are necessary to allow a qualifying senior family member to be maintained within or at the qualified caregiver's 1or the qualifying senior family member's1 permanent place of abode in this State, which property and services are provided to or for the benefit of the qualifying senior family member or to assist the qualified caregiver in providing care and support to the qualifying senior family member or are provided by an organization or an individual who is not a relative of the qualified caregiver or the qualifying senior family member. "Qualified care expenses" shall include, but shall not be limited to, expenses paid or incurred by a qualified caregiver for the purchase, lease, or rental of home health agency services, adult day care, companionship services, personal care attendant services, homemaker services, respite care, health care equipment and supplies, home modification services, services necessary to provide care and support to a qualifying senior family member in connection with two or more daily living activities, or assistive devices. "Qualified care expenses" shall not include expenses paid or incurred by a qualified caregiver that are reimbursed by insurance or by a program administered by the State or federal government.
"Qualified caregiver" means a resident taxpayer or a resident individual of this State who provides care and support to a qualifying senior family member.
"Qualifying senior family member" means an individual who:
is 60 years of age or older and a relative of the qualified caregiver 1, or is 50 years of age or older, is a relative of the qualified caregiver, and qualifies for Social Security Disability Insurance1 ;
1[resides with the qualified caregiver at the qualified caregiver's permanent place of abode in this State for not less than six months of the taxable year;]1 and
has gross income for the taxable year not in excess of 1[$20,000, or not in excess of $13,000 if married or a civil union partner filing separately or if unmarried, not a partner in a civil union, and not filing or eligible to file as head of household or as a surviving spouse for federal income tax purposes] the New Jersey Elder Index, as reported by the Department of Human Services pursuant to P.L.2015, c.53 (C.44:15-1 et seq.) for the most recent calendar year1 .
1[A "qualifying senior family member" shall include an individual who meets the qualifications enumerated in this definition of a qualifying senior family member but who occupies a separate room or rooms within or located on the same property as the qualified caregiver's permanent place of abode in this State, including a separate room or rooms that comprise a self-contained living arrangement commonly referred to as a secondary suite or mother-in-law apartment. A "qualifying senior family member" shall not include a tenant, subtenant, roomer, or boarder who pays rent or is charged a fee for the occupancy of a room or rooms within or located on the same property as the qualified caregiver's permanent place of abode in this State.]1
"Relative" means an individual related by consanguinity 1[within the third degree as determined by the common law or],1 an individual related to a spouse or a partner to a civil union or domestic partnership within the third degree as so determined, 1[and includes]1 an individual in an adoptive relationship within the third degree1, or an individual whose close association with another individual is the equivalent of a family relationship1.
2. This act shall take effect immediately and apply to taxable years beginning on or after January 1 next following the date of enactment.
