Bill Text: NJ S840 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns contributions to special funds made through the gross income tax return.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Commerce Committee [S840 Detail]
Download: New_Jersey-2012-S840-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Concerns contributions to special funds made through the gross income tax return.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain contributions made through the gross income tax return, amending P.L.1981, c.170, P.L.1985, c.197, P.L.1994, c.139, P.L.1995, c.26, P.L.1995, c.299 and P.L.1999, c.21.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1981, c.170 (C.54A:9-25.2) is amended to read as follows:
1. There is hereby established in the Department of the Treasury a special fund to be known as the "Endangered and Nongame Species of Wildlife Conservation Fund." Each taxpayer shall have the opportunity to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution be deposited in such fund. [The Director of the Division of Taxation shall provide the taxpayer with the opportunity to indicate his preference on the tax return in substantially the following way:
Endangered and Nongame Species of Wildlife Conservation Fund: I wish to contribute $5 ~, $10 ~, other amount $......~, to this fund.] The State Treasurer shall deposit into the fund all moneys designated for the fund pursuant to this supplementary act.
(cf: P.L.1998, c.153, s.1)
2. Section 2 of P.L.1985, c.197 (C.54A:9-25.4) is amended to read as follows:
2. a. There is established in the Department of the Treasury a special fund to be known as the "Children's Trust Fund."
b. Each taxpayer shall have the opportunity to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution be deposited in the special fund. [The Director of the Division of Taxation in the Department of the Treasury shall provide each taxpayer with the opportunity to indicate his preference on the tax return in substantially the following manner: Children's Trust Fund:
I wish to contribute $5 ~, $10 ~, other amount $......~, to this fund.]
The State Treasurer shall deposit into the fund all moneys designated for the fund pursuant to this act.
(cf: P.L.1998, c.153, s.2)
3. Section 1 of P.L.1994, c.139 (C.54A:9-25.6) is amended to read as follows:
1. Each taxpayer shall have the opportunity to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution shall be deposited in the Vietnam Veterans' Memorial Fund established pursuant to section 4 of P.L.1985, c.494 (C.52:18A-208). [The Director of the Division of Taxation in the Department of the Treasury shall provide each taxpayer with the opportunity to indicate the taxpayer's preference on the tax return to contribute to the fund in substantially the following way:
"Vietnam Veterans' Memorial Fund: I wish to contribute $5 ~, $10 ~, other amount $........~ to this fund."]
Any costs incurred by the Division of Taxation for collection or administration attributable to this act may be deducted from receipts collected pursuant to this act, as determined by the Director of the Division of Budget and Accounting.
The State Treasurer shall deposit net contributions collected pursuant to this act into the Vietnam Veterans' Memorial Fund.
(cf: P.L.1998, c.153, s.3)
4. Section 1 of P.L.1995, c.26 (C.54A:9-25.7) is amended to read as follows:
1. a. There is established in the Department of the Treasury a special fund to be known as the "New Jersey Breast Cancer Research Fund."
b. Each taxpayer shall have the opportunity to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution be deposited in the special fund. [The Director of the Division of Taxation in the Department of the Treasury shall provide each taxpayer with the opportunity to indicate the taxpayer's preference on the tax return in substantially the following way:
New Jersey Breast Cancer Research Fund: I wish to contribute $5 ~, $10 ~, other amount $.......~ to this fund.]
Any costs incurred by the Division of Taxation for collection or administration attributable to this act may be deducted from receipts collected pursuant to this act, as determined by the Director of the Division of Budget and Accounting.
The State Treasurer shall deposit net contributions collected pursuant to this act into the New Jersey Breast Cancer Research Fund.
(cf: P.L.1998, c.153, s.4)
5. Section 1 of P.L.1995, c.299 (C.54A:9-25.9) is amended to read as follows:
1. Each taxpayer shall have the opportunity to indicate on the taxpayer's New Jersey gross income tax return that a portion of the taxpayer's tax refund or an enclosed contribution be deposited in the U.S.S. New Jersey Educational Museum Fund established pursuant to this act. [The Director of the Division of Taxation shall provide each taxpayer with the opportunity to indicate the taxpayer's preference on the tax return to contribute to the fund in substantially the following way:
"Battleship New Jersey Memorial Fund: I wish to contribute $5 ~, $10 ~, other amount $......~ to this fund."]
(cf: P.L.1998, c.153, s.5)
6. Section 1 of P.L.1999, c.21 (C.54A:9-25.14) is amended to read as follows:
1. The Director of the Division of Taxation shall provide each taxpayer with the opportunity to indicate the taxpayer's preference on the tax return that a portion of the taxpayer's tax refund or an enclosed contribution be contributed to a fund that the taxpayer has, by statute, the opportunity to contribute to on the taxpayer's New Jersey gross income tax return. [Except as may otherwise be provided by the authorizing statute, the] The taxpayer shall indicate the taxpayer's preference on the tax return by numerical designation coding or codings, with not fewer than three designation coding lines to be provided on the tax return. The numbers used in the coding shall be in numerical sequence, with the lowest number to be assigned to the fund established by the first statute authorizing such a fund, and the coding of other funds to continue in that sequence assigned in order corresponding to the order in which the several statutes authorizing those other funds were enacted. The director shall provide each taxpayer with a single complete list of statutorily available funds, listed in a manner which shows no ranking or preferential treatment among funds. Subject to the foregoing provisions of this section, the director shall determine the form and manner of the indication, and the presentation and explanation of the taxpayer's contribution options in the return instructions.
(cf: P.L.1999, c.21,s.1)
7. This act shall take effect immediately and apply to taxable years beginning after enactment.
STATEMENT
This bill changes the format of the contributions that taxpayers may make through their gross income tax returns to help resolve a problem of limited space on the tax return and avoid implied preferences.
Currently, New Jersey gross income tax taxpayers may choose to make contributions of their tax refunds, or to make contributions in excess of their refunds, to any of five State managed dedicated funds through actual "check-off" of boxes and seven others by numerical coding.
This bill amends the current check-off contribution acts to remove requirements about the form of the contribution choices, but does not affect the rights of taxpayers to make contributions to the funds. The bill replaces the check-offs on the return form with numerical designations on the return to indicate the wishes of a taxpayer.
This bill will simplify the tax returns to ease the administration of contributions to all existing funds and to permit easier, future expansion to contributions programs.