STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
Assemblyman NELSON T. ALBANO
District 1 (Atlantic, Cape May and Cumberland)
Co-Sponsored by:
Assemblymen Fuentes, Ramos and Coughlin
SYNOPSIS
Allows corporation business tax credits as incentives for redevelopment of distressed shopping centers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing tax credits for redevelopment of certain retail properties and supplementing P.L.1974, c.80 (C.34:1B-1 et seq.) and P.L.1945, c.162 (C.54:10A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Authority" means the New Jersey Economic Development Authority established by section 4 of P.L.1974, c.80 (C.34:1B-4).
"Developer" means the legal or beneficial owner or owners of a lot or of any land in this State, occupied by a distressed shopping center.
"Distressed shopping center" means a privately owned and operated commercial development, developed, owned and managed as a unit, consisting of a building or series of buildings on a common site, having at least 35,000 square feet of rental space for lease to at least three retail stores or service establishments, and an adjacent parking area to which the public is invited. Provided further, that the shopping center shall have met these requirements for a period of at least 10 years prior to the year for which the developer of the shopping center is first deemed eligible by the authority, pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), to receive the credit allowed under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall have had for the year prior to the year for which the first credit is allowed an average rate of vacancy during that year of at least 35 percent of the total retail square footage available for lease during that year.
"Retail investment" means expenses of at least $5,000 incurred to make improvements to an existing distressed shopping center, provided that such improvements are necessary, as determined according to standards established by the authority, to attract retail tenants to lease vacant properties and that the lease of such vacant properties are a benefit to the surrounding community.
2. a. The authority shall establish a corporation business tax credit program to certify developers that make retail investments for improvements to distressed shopping centers as eligible to receive a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5).
b. The authority, in cooperation with the Division of Taxation in the Department of the Treasury, shall review and approve applications by developers.
c. Taxpayers seeking to obtain a credit allowed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall submit an application in such form as required by the authority. Such applications shall include such information as the authority shall determine is necessary to approve the credit.
3. A taxpayer that is a developer and owner of a distressed shopping center, as certified by the New Jersey Economic Development Authority pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), located in this State shall be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) not in excess of 50 percent of the amount of tax owed, up to $15,000, in the distressed shopping center during the privilege period for which the credit is claimed, and such credit may be carried over, if necessary, to the 10 privilege periods after the credit is first allowed.
4. The authority may adopt such rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be necessary to effectuate the purposes of this act.
5. This act shall take effect on the first day of the fourth month following enactment, but the authority shall may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act, and section 3 of this act shall apply to privilege periods commencing after enactment.
STATEMENT
This bill directs the New Jersey Economic Development Authority ("authority") to establish a program to certify taxpayers that make retail investments to redevelop partially or completely vacant shopping centers in New Jersey as eligible to receive a corporation business tax credit of up to $15,000, but not exceeding the amount of 50% of corporation business tax owed by the taxpayer.
The bill defines a retail investment as expenses of at least $5,000 incurred to make improvements to existing distressed shopping centers provided that such improvements are necessary, as determined according to standards established by the authority, to attract retail tenants to lease vacant properties and that the lease of such vacant properties are a benefit to the community. The bill defines distressed shopping centers as shopping centers of at least 35,000 square feet of retail rental space, with at least three retail establishments that have been at their location for at least 10 years and shall have had, for the year prior to the year for which the shopping center's developer is first deemed eligible by the auhtority to receive a credit, an average rate of vacancy during that year of at least 35 percent of the total retail square footage available for lease during that year.