reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 11 - WAIVERS-CONSENT TO TRANSFER › Section 18:26-11.23 - Life insurance companies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All corporations, associations, societies, or
				other organizations, incorporated or organized under the laws of this State to
				transact the business of providing life insurance or to grant annuities, and all
				corporations, associations, societies, or other organizations, incorporated or
				organized elsewhere and authorized by the New Jersey Commissioner of Banking and
				Insurance to transact the business of providing life insurance or to grant annuities
				within this State must give notice to the Director, at the time and in the manner
				and form set forth below, of all amounts payable by them as a result of the death of
				a resident of this State:
1. Under the terms of
				life insurance policies, endowment policies, and annuity contracts owned by a
				decedent or paid to a partnership, firm, or corporation entitled to receive payment
				in its own right in those instances where a decedent held an interest in the
				partnership, firm, or corporation at death; and
2. Under the terms of a supplementary optional
				settlement or similar contract issued to effectuate the distribution of benefits
				under life insurance policies, endowment policies, and annuity contracts except when
				the sums payable represent a continuation of payments under a policy or contract
				which provided for such payment at a prior decedent's specific direction.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 11 - WAIVERS-CONSENT TO TRANSFER › Section 18:26-11.24 - Notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notice required by
				N.J.A.C.
				18:26-11.23, is to be given by mailing Form O-71
				to the Division of Taxation, Transfer Inheritance Tax Branch, PO Box 249, Trenton,
				NJ 08695-0249 as soon as practicable after the death of the decedent, but in any
				event not later than 10 days after any part of the sum or sums required to be
				reported therein have been paid and by advising each beneficiary listed on the form
				that information regarding death claim payments is being supplied to the State
				pursuant to the requirements of the Division of Taxation and that it is the position
				of the Division of Taxation that a beneficiary may, in the absence of State or
				Federal statutes to the contrary, be personally liable for any and all inheritance
				and/or estate taxes on such payments until paid.
(b) Completed Forms O-71 may be mailed to the
				Division on a monthly basis. A completed Form O-71 that is made part of a monthly
				mailing will be deemed to have been mailed in a timely manner provided that the
				monthly mailing is within one month of the date on which the form would otherwise be
				required to be mailed.
(c) Nothing in
				this section may be taken to relieve a party responsible to notify the Director of
				any liability imposed by statute in any instance where the party has failed to file
				notice as provided in this section. The Director reserves the right to direct, at
				any time, that any amount of tax not yet paid over shall be withheld pending further
				order of the Director where that action is deemed imperative to protect the
				interests of the State.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 11 - WAIVERS-CONSENT TO TRANSFER › Section 18:26-11.25 - Penalty for failure to obtain consent or give notice-transfer inheritance tax

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any bank, banking institution, safe deposit
				company, trust company, other institution, association, organization, corporation,
				or person who fails to obtain the written consent of the Director, allow an
				examination or give notice as provided in this chapter is liable to pay the amount
				of the tax and interest due or which becomes due upon the securities, deposits,
				shares of stock, or other assets transferred or delivered and in addition is liable
				to a penalty of $ 1,000, which may be enforced in an action at law in the name of
				the State.
(b) A safe deposit company,
				trust company, bank, other institution, corporation, or person is not liable for the
				tax and interest or penalty provided in (a) above, where such entity or person
				delivers securities, deposits, shares of stock, or other assets belonging to or
				standing in the names of two or more persons to one of such persons without
				knowledge or reasonable ground to believe that another one of such persons is
				dead.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 11 - WAIVERS-CONSENT TO TRANSFER › Section 18:26-11.29 - Transfer of stock of a New Jersey corporation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No corporation
				organized under the laws of this State may transfer any of its stock standing in the
				name of or belonging to a resident decedent or in the joint names of such a decedent
				and one or more persons, or in trust for a resident decedent, unless the written
				consent of the Director is first obtained.
(b) The written consent of the Director is
				required in connection with the transfer of stock of a corporation organized under
				the laws of New Jersey when such stock represents shares issued as a stock dividend
				where the holder of record date is the same date as that on which the decedent died,
				or a date prior thereto, and such stock is received by the decedent's personal
				representative.
(c) The corporation
				issuing or paying its shares in the form of a stock dividend is responsible for
				obtaining from the representative of the estate the written consent of the Director
				for the transfer of all stock standing in the name of the decedent on its books as
				of the date of death and such additional shares as are issued as stock dividends
				subsequent to death where the holder of record date is prior to, or the same as, the
				date of death of the decedent.
(d) The
				written consent of the Director is required where stock of a New Jersey Corporation
				owned by a resident decedent is to be surrendered in exchange for the stock of any
				corporation whether title to the new shares are registered in the decedent's name or
				in the name of the estate.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 11 - WAIVERS-CONSENT TO TRANSFER › Section 18:26-11.30 - Life insurance companies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All corporations,
				associations, societies, or other organizations, incorporated, or organized under
				the laws of this State to transact the business of life insurance or to grant
				annuities, and all corporations, associations, societies or other organizations,
				incorporated or organized elsewhere and authorized by the New Jersey Commissioner of
				Banking and Insurance to transact the business of life insurance or to grant
				annuities within this State must give notice to the Director, at the time and in the
				manner and form hereinafter prescribed, of all sums payable by them on or after
				April 7, 2003, as a result of the death of a resident of the State:
1. Under the terms of life insurance policies,
				endowment policies and annuity contracts owned by a decedent or paid to a
				partnership, firm or corporation entitled to receive payment in its own right in
				those instances where a decedent held an interest in the partnership, firm or
				corporation at death; and
2. Under the
				terms of a supplementary optional settlement or similar contract issued to
				effectuate the distribution of benefits under life insurance policies, endowment
				policies and annuity contracts except when the sums payable represent a continuation
				of payments under a policy or contract which provided for such payment at a prior
				decedent's specific direction.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 11 - WAIVERS-CONSENT TO TRANSFER › Section 18:26-11.31 - Notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notice required
				by 18:26-11.3 0 is to be given by mailing
				Form 0-71 to the Division of Taxation, Transfer Inheritance and Estate Tax Section,
				PO Box 249, Trenton, New Jersey 08695-0249 as soon as practicable after the death of
				the decedent, but in any event not later than 10 days after any part of the sum or
				sums required to be reported therein have been paid and by advertising each
				beneficiary listed on the form that information regarding death claim payments is
				being supplied to the State pursuant to the requirements of the Division of Taxation
				and that it is the position of the Division of Taxation that a beneficiary may, in
				the absence of State or Federal statutes to the contrary, be personally liable for
				any and all inheritance and/or estate taxes until paid.
(b) Completed Forms 0-71 may be mailed to the
				Division on a monthly basis. A completed Form 0-71 which is made part of a monthly
				mailing will be deemed to have been mailed in a timely manner provided that the
				monthly mailing is within one month of the date on which the form would otherwise be
				required to be mailed.
(c) Nothing
				herein may be taken to relieve an informant of any liability imposed by statute in
				any instance where it has failed to file notice as provided herein. The Director
				reserves the right to direct, at any time, that any sum or sums not yet paid over
				shall be withheld by the informant pending further order of the Director where that
				course is deemed imperative to protect the interest of the State.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 11 - WAIVERS-CONSENT TO TRANSFER › Section 18:26-11.32 - Penalty for failure to obtain consent or give notice-Inheritance Tax

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any bank, banking
				institution, safe deposit company, trust company, other institution, association,
				organization, corporation or person who fails to obtain the written consent of the
				Director, allow an examination or give notice as provided in this Chapter is liable
				to pay the amount of the tax and interest due or which becomes due upon the
				securities, deposits, shares of stock or other assets transferred or delivered and
				in addition is liable to a penalty of $ 1,000.00 which may be enforced in an action
				at law in the name of the State.
(b) A
				safe deposit company, trust company, bank, other institution, corporation or person
				is not liable to the tax and interest or penalty provided in subsection (a) of this
				Section, where it or he delivers securities, deposits shares of stock or other
				assets belonging to or standing in the names of two or more persons to one of such
				persons without knowledge or reasonable ground to believe that another one of such
				persons is dead.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.1 - General powers of Director

Current through Register Vol. 56, No. 14, July 15, 2024
The Director, Division of Taxation, New Jersey Department of the
				  Treasury, is authorized and empowered to administer the New Jersey transfer
				  inheritance tax and estate tax laws, and make and enforce any rules and regulations
				  deemed necessary, pursuant to N.J.S.A 54:50-1.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.2 - Administration of transfer inheritance tax and New Jersey estate tax

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Act is
				administered by the Director through the Transfer Inheritance Tax Branch of the
				Division of Taxation in the Department of the Treasury.
1. No transfer inheritance tax report on the
				estate of a resident decedent will be accepted nor any administrative matter
				communicated with regard to the estate matters of a resident decedent unless such
				estate is represented by:
i. An attorney at law of
				the State of New Jersey;
ii. The
				personal representative of an estate;
iii. An heir-at-law, next-of-kin, grantee,
				transferee, legatee, beneficiary, or devisee of the decedent;
iv. A certified public accountant of the State of
				New Jersey, provided such accountant is designated for such purpose, in writing, by
				any of the persons enumerated in (a)ii or iii above, subject to the condition that
				the client be notified, in writing, before the certified public accountant commences
				work on the return, that review of the return by a qualified attorney may be
				desirable because of the possible application of legal principles to the preparation
				of the tax return. A copy of the properly executed notification must be filed with
				the transfer inheritance tax return; or
v. An IRS enrolled agent, provided such enrolled
				agent is designated for such purpose, in writing, by any of the persons enumerated
				in (a)ii or iii above subject to the condition that the client be notified, in
				writing, before the enrolled agent commences work on the return, that review of the
				return by a qualified attorney may be desirable because of the possible application
				of legal principles to the preparation of the tax return. A copy of the properly
				executed notification must be filed with the transfer inheritance tax
				return.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.3 - Information from Transfer Inheritance Tax Branch

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a return has
				been filed all communications regarding the New Jersey transfer inheritance tax or
				estate tax are to be addressed to the Transfer Inheritance Tax Branch, PO Box 249,
				Trenton, NJ 08695-0249 and should state the full name of the decedent, the date of
				death, and the name of the county in which the decedent resided as of the date of
				death. See N.J.A.C. 18:26-9.7.
(b) If a communication includes inquiries with
				respect to more than one decedent's estate, copies shall be furnished for each as
				mentioned in the communication.
(c) No
				employee of the Transfer Inheritance Tax Branch is permitted to pass upon, or
				decide, any question involving the taxability of a transfer of any property under
				the terms of a decedent's will, deed of trust, annuity contract, agreement,
				contract, or any other instrument prior to the date of a decedent's death, nor may
				an employee compute any hypothetical tax on any set of facts submitted for
				consideration.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.4 - Examination of records

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of administering the New Jersey transfer
				  inheritance tax and estate tax, the Director, whenever it is deemed expedient, may
				  make or cause to be made through the Transfer Inheritance Tax Branch or any employee
				  thereof engaged in the administration of such taxes, an examination or investigation
				  of any tangible personal property and any books, records, papers, vouchers,
				  accounts, and documents of any taxpayer. See
				  N.J.A.C.
				  18:26-12.6.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.5 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
The Director or duly authorized employees in the Transfer
				  Inheritance Tax Branch may conduct hearings, subpoena documents, administer oaths
				  to, and examine under oath, any taxpayer as well as any directors, officers, agents,
				  and employees of a taxpayer in respect to any matter evident to the administration
				  of the New Jersey transfer inheritance tax and estate tax.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.6 - Issuance of subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
The Director, or duly authorized employees in the Transfer
				  Inheritance Tax Branch, may compel by subpoena the attendance of witnesses and/or
				  the production of any books, records, papers, vouchers, accounts, or documents of
				  any taxpayer or of any person who the Director has reason to believe has information
				  pertinent to any matter under investigation by the Director or any such authorized
				  person at any hearing held pursuant to law. The fees of witnesses required to attend
				  any such hearing are to be the same as those allowed to be paid to witnesses
				  appearing in the Superior Court and shall be paid in the manner provided for the
				  payment of other expenses incident to the administration of the New Jersey transfer
				  inheritance tax or estate tax.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.7 - Compelling witness to attend

Current through Register Vol. 56, No. 14, July 15, 2024
If a person subpoenaed to attend any hearing under this subtitle
				  fails to appear, be examined, answer any question, or produce any books, records,
				  papers, vouchers, accounts, or documents when subpoenaed to do so by the Director or
				  any duly authorized employee, the Director or any such employee may apply to the
				  Superior Court for an order to compel such person to do so.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.8 - Notice; how given; presumption

Current through Register Vol. 56, No. 14, July 15, 2024
Any notice required to be given by the Director, may be served
				  personally or by mailing the same to the person for whom it is intended, addressed
				  to such person at the address given in the last return or report filed by said
				  person or if no return or report has been filed, then to such address as may be
				  obtainable. The mailing of such notice shall be presumptive evidence of the receipt
				  of the same by the person to whom it was addressed. See
				  N.J.S.A. 54:50-6for
				  the required statements to be contained in assessment notices.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.9 - Review and protest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to protest an assessment or finding
				by the Transfer Inheritance Tax Branch, a written protest must be filed within the
				90-day period provided by
				N.J.S.A. 54:49-18.
				The written protest must be signed by the estate representative, certified to be
				true, and contain the following information:
1.
				Whether a hearing or a review is requested;
2. The decedent's name, date of death, Social
				Security number, and county of residence;
3. The name, address, and telephone number of the
				estate representative the Branch should contact in connection with the
				protest;
4. A copy of the assessment or
				determination subject to the protest;
5.
				The specific amount of tax or interest under protest;
6. An explanation of the basis for the protest;
				and
7. The specific facts supporting the
				basis for the protest and a summary of evidence or documentation to be presented in
				support of the estate's position.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.10 - Informal hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An executor, administrator, trustee, or other
				interested party may, at any time, request an informal conference with the Transfer
				Inheritance Tax Branch in order to present information or discuss any
				issues.
(b) A conference before the
				Transfer Inheritance Tax Branch may be conducted on an informal basis with or
				without representation on behalf of a taxpayer or other party in interest.
(c) An estate representative shall be provided,
				before or during a conference, an explanation of the audit process and the estate's
				rights under the audit process in the case of a conference relating to the
				determination of transfer inheritance tax or estate tax, and shall be provided an
				explanation of the collection process and the estate's rights under the collection
				process in the case of a conference relating to the collection of transfer
				inheritance tax or estate tax.
(d)
				Estate representatives have the right, upon giving 14 days advance notice to the
				Branch, to make a recording of any hearings or conferences with their own equipment
				and at their own expense; provided, however, that the Branch shall have the same
				right of recording.
(e) Any request for
				or grant of an informal hearing under this subsection does not toll or otherwise
				extend the 90-day period for protesting the Division of Taxation's assessment nor
				does such an informal hearing constitute a protest under
				N.J.A.C.
				18:26-12.9.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.11 - Appeal to Tax Court

Current through Register Vol. 56, No. 14, July 15, 2024
Any person aggrieved by any decision, order, finding, or
				  assessment of the Director or his or her deputies, through the Transfer Inheritance
				  Tax Branch, may appeal to the Tax Court within 90 days from the date a final
				  determination is made. No such appeal shall stay the collection of the tax or the
				  enforcement of the same by entry of judgment unless security, if required pursuant
				  to the standards and subject to the exception in
				  N.J.S.A. 54:49-18.b,
				  approved by the Director of the Division of Taxation has been furnished to the
				  Director of the Division of Taxation.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 12 - ADMINISTRATION AND FORMS › Section 18:26-12.12 - Appeal to Tax Court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person aggrieved
				by any decision, order, finding or assessment of the Director or his deputies,
				through the Transfer Inheritance Tax Branch, may appeal therefrom to the Tax Court
				within 90 days from the date a final determination is made. No such appeal shall
				stay the collection of the tax or the enforcement of the same by entry of judgment
				unless security, if required pursuant to the standards and subject to the exception
				of subsection b of
				54:49-18, approved by the Director of
				the Division of Taxation has been furnished to the Director of the Division of
				Taxation.
(b) A prevailing estate in a
				court proceeding in connection with the determination, collection, or refund of
				inheritance or estate tax, penalty, or interest may be awarded a judgment or
				settlement for reasonable litigation costs as set forth in
				54:51A-22.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.1 - Character of the veteran's property tax deduction

Current through Register Vol. 56, No. 14, July 15, 2024
Veterans' honorably discharged or released under honorable
				  circumstances from active service in time of war, or the surviving spouses,
				  surviving civil union partners, or surviving domestic partners of such Veterans',
				  are granted a tax deduction on the real or personal property, or both, in which they
				  have a legal interest.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.2 - Conditions of eligibility for the veteran's property tax deduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for
				the property tax deduction, a veteran claimant must meet the following conditions as
				of October 1 of the pretax year:
1. Be a citizen
				and resident of New Jersey;
2. Possess
				an honorable discharge or release under honorable circumstances from active service
				in time of war in a branch of the United States Armed Forces pursuant to N.J.S.A.
				54:4-8.1 1; and
3. Own legal title to
				the claimed property or a fractional or partial ownership interest in the
				property.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.3 - Remarriage; new civil union or domestic partnership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Veterans'
				widow/widower loses the deduction on remarriage. An annulment restores the
				deduction, but divorce of the second spouse does not.
(b) A Veterans' civil union partner or domestic
				partner loses the deduction on entering into a new civil union or registered
				domestic partnership. An annulment of the new civil union or domestic partnership
				restores the deduction, but termination of the new civil union or domestic
				partnership does not.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.4 - Citizenship and residency in New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only a New Jersey
				State citizen is eligible for the deduction, but citizenship of the United States is
				not required.
(b)N.J.S.A. 54:4-8.1 0(f)
				equates "residency" with "domicile," which is that place one regards as his or her
				true and permanent home. The burden of proving legal domicile in this State is upon
				the property tax deduction claimant. Absence from the State for a period of 12
				months is "prima facie" evidence of abandonment of domicile. A claimant may overcome
				the presumption of abandonment due to absence from the State by producing convincing
				evidence that his or her domicile remains in New Jersey.
(c) The surviving spouse, surviving civil union
				partner, or surviving domestic partner of a veteran or serviceperson who is a New
				Jersey resident, is not entitled to the deduction if the veteran or serviceperson,
				at the time of death, was not a legal resident of New Jersey.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.5 - Honorable discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Veteran claimants must be honorably discharged
				or released from full-time active duty under honorable circumstances to be eligible
				for the veteran's deduction.
(b)
				Military personnel in the Armed Forces of the United States who remain in continuous
				military service do not qualify for the property tax deduction.
(c) Re-entry into the military service does not
				disqualify a claimant for the property tax deduction previously granted on the basis
				of a prior honorable discharge or discharge under honorable circumstances.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.6 - Ineligible discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A disenrollment
				certificate or other form of release terminating temporary service in a military or
				naval branch of the Armed Forces on a voluntary and part-time basis without pay, or
				a release from or deferment of induction into active air, infantry or naval service
				shall not be accepted as proof of honorable discharge.
(b) Clemency discharge is a "neutral discharge"
				according to the United States Department of Justice (DOJ). Although it is not "less
				than honorable, it is something other than honorable. As such, it does not meet the
				requirement of honorable discharge pursuant to the DOJ Internal Memo October 18,
				1978.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.7 - Branches of the Armed Forces of the United States

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this
				chapter, "branches of the Armed Forces of the United States" as determined by
				civilian State and Federal military agencies, such as the New Jersey Department of
				Military and Veteran's Affairs and the United States Department of Defense, include,
				but are not limited to:
1. The Air
				Force;
2. The Army;
3. The Army Transport Command;
4. The Coast Guard;
5. The Marine Corps;
6. The Navy;
7. The Women's Army Corps (as of July 1, 1943);
				and
8. Regularly established women's
				auxiliary units of the Coast Guard, Marine Corps, Air Force and Navy, together with
				nurses, when performing in active service with the above listed military service
				branches.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.8 - Ineligible service organizations and individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				organizations and individuals are not part of the Armed Forces of the United States:
1. The American Red Cross;
2. The New Jersey State Guard;
3. The New Jersey State Militia;
4. The Salvation Army;
5. The Women's Army Auxiliary Corps (prior to July
				1, 1943);
6. The Young Men's Hebrew
				Association (YMHA), the Young Men's Christian Association (YMCA) and the Young
				Women's Christian Association (YWCA);
7.
				Civilian employees of the United States and civilians serving as part of civilian
				defense units, such as air raid precautions, auxiliary police, auxiliary fire
				service, and coast guard reserves; and
8. Members of Allied Forces, such as the Canadian
				and Polish Armies.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.9 - Ownership of legal title; fractional interests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant must
				hold legal title to the property for which the deduction is claimed or a fractional,
				that is, partial ownership interest in the property. Where property title is held by
				a claimant and another, or others, as joint tenants or tenants in common, the
				interest of each tenant is treated as equal to that of the other, unless the deed
				specifically provides for unequal interests. Where the claimant and other owner are
				registered domestic partners and own the real property as joint tenants with right
				of survivorship and each partner has an ownership interest, then either may qualify
				for the property tax deduction for their proportionate share of the property taxes,
				if otherwise eligible. Where property title is held by husband and wife, or civil
				union partners, as tenants by the entirety, each spouse or civil union partner owns
				a full ownership interest, so that either may qualify for the full property tax
				deduction, if otherwise eligible. Each joint tenant or tenant-in-common may claim a
				deduction on his or her proportionate share of property taxes.
(b) For property having multiple owners each
				veteran claimant is eligible for his or her full property tax deduction provided his
				or her proportionate share of the property taxes paid equals or exceeds the full
				deduction amount.
Example: Four qualified veterans own a residential condominium
				  unit as tenants in common which they bought for an investment. They each have a one
				  quarter interest. If the total annual property taxes are $ 3,000, each has a tax
				  obligation of $ 750.00. Each, therefore, is entitled to a $ 250.00 deduction. Net
				  taxes due on the property are $ 2,000.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.10 - Owners of life estates, life tenancy, lifetime rights

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of the veteran's tax deduction, a vested life estate
				  in real property meets the prerequisite of a qualifying ownership interest.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.11 - Owners under executory contract

Current through Register Vol. 56, No. 14, July 15, 2024
A purchaser under an executory contract of sale who is in
				  possession of land has a qualifying ownership interest for the deduction under
				  54:4-1 et seq., which provides "... An
				  executory contract for the sale of land, under which the vendee is entitled to or
				  does take possession thereof, shall be deemed, for the purposes of this act a
				  mortgage of said land for the unpaid balance of purchase price ..."
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.12 - Owners as shareholders of cooperative or mutual housing corporations

Current through Register Vol. 56, No. 14, July 15, 2024
Tenant shareholders in cooperatives or mutual housing
				  corporations have been declared "owners" of the units based on his or her
				  proportionate share of the taxable value of the real property pursuant to his or her
				  interests in said associations or corporations. Tenant shareholders in cooperatives
				  are entitled to the deduction based on his or her proportionate share of taxes
				  assessed against the real property pursuant to the New Jersey Constitution, Art. 8,
				  Sec. 1, Par. 3 and N.J.S.A. 54:4-8.1 5 and 8.18.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.13 - Owners via partnerships

Current through Register Vol. 56, No. 14, July 15, 2024
Eligibility for a veteran's property tax deduction extends to
				  property, the title to which is held by a partnership, to the extent of the veteran
				  claimant's interest in the partnership.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.14 - Owners via fiduciary arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
Eligibility for a veteran's property tax deduction extends to a
				  guardian, trustee, committee, conservator or other fiduciary for any persons
				  otherwise qualified for the tax deduction.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.15 - Ineligible ownership

Current through Register Vol. 56, No. 14, July 15, 2024
Property title which is held by a corporation is not eligible for
				  the veteran's property tax deduction except that tenants who are shareholders of
				  stock in cooperatives or mutual housing corporations are eligible for veteran's
				  deduction.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.16 - Apportionment of deduction

Current through Register Vol. 56, No. 14, July 15, 2024
The property tax deduction may be applied in any proportion to
				  the real and/or personal property of the claimant.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.17 - Continuance of deduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A deduction, once
				granted, shall remain in effect from year to year without the need for claimant's
				refiling. However, the assessor may at any time request additional information in
				support of claimant's continued eligibility for the deduction.
(b) A deduction, established as of October 1 of
				the pretax year, prevails for the whole of the ensuing year regardless of any change
				in title which may occur at anytime during said tax year or in the instance of the
				claimant's death during said year.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.18 - Omitted and added assessments

Current through Register Vol. 56, No. 14, July 15, 2024
The veteran's property tax deduction may be applied to taxes due
				  on added or omitted assessments.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.19 - Apportionment between buyer and seller

Current through Register Vol. 56, No. 14, July 15, 2024
There is no provision in statutory law for apportionment of the
				  veteran's deduction upon sale of a property. This is a matter of negotiation between
				  buyer and seller which might be adjusted or debited/credited at the closing
				  settlement.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.20 - Aggregate veteran's deduction

Current through Register Vol. 56, No. 14, July 15, 2024
One full deduction of $ 250.00 is the maximum amount allowed any
				  property tax deduction claimant, except where a qualified veteran claimant is also
				  eligible for a deduction as a qualified surviving spouse, surviving civil union
				  partner, or surviving domestic partner of a veteran or serviceperson. In such cases,
				  two deductions of $ 250.00 each for a total of $ 500.00 may be
				  allowed.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.21 - Veteran's deduction and senior/disabled deduction

Current through Register Vol. 56, No. 14, July 15, 2024
Where a Veterans' deduction is granted to a claimant who also
				  qualifies for the property tax deduction, pursuant to N.J.S.A. 54:4-8.4 0, the $
				  250.00 Veterans' deduction shall apply in addition to this other
				  benefit.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.22 - Veteran's deduction and disabled veteran exemption

Current through Register Vol. 56, No. 14, July 15, 2024
A deduction claimant receiving a full exemption on his or her
				  principal residence as a totally and permanently totally disabled veteran, pursuant
				  to 54:4-3.3 0, may apply the $ 250.00
				  deduction to other property he or she owns in New Jersey.
New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 27 - $ 250.00 PROPERTY TAX DEDUCTION FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SURVIVING SPOUSES OF SERVICE PERSONS, SURVIVING CIVIL UNION PARTNERS OF VETERANS, SURVIVING CIVIL UNION PARTNERS OF SERVICE PERSONS, SURVIVING REGISTERED DOMESTIC PARTNERS OF VETERANS, AND SURVIVING REGISTERED DOMESTIC PARTNERS OF SERVICE PERSONS › Subchapter 2 - CONDITIONS OF ELIGIBILITY AND QUALIFICATIONS › Section 18:27-2.23 - Timely application; disposition of claim not filed in time

Current through Register Vol. 56, No. 14, July 15, 2024
A claim for deduction not filed with the assessor or collector
				  within the time limits prescribed in N.J.S.A. 54:4-8.1 3 shall result in the loss of
				  eligibility for the particular year. No application for any previous year shall be
				  allowed by the assessor, collector or municipal governing body.