Bill Text: NJ S2590 | 2014-2015 | Regular Session | Amended

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Bill Title: Wounded Warrior Caregivers Relief Act; Provides income tax credit to family caregivers of certain armed service members with physical disabilities.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2015-03-12 - Referred to Senate Budget and Appropriations Committee [S2590 Detail]

Download: New_Jersey-2014-S2590-Amended.html

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[First Reprint]

SENATE, No. 2590

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED DECEMBER 8, 2014

 

 

Sponsored by:

Senator  JAMES BEACH

District 6 (Burlington and Camden)

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

 

Co-Sponsored by:

Senator Cruz-Perez

 

 

 

 

SYNOPSIS

     Wounded Warrior Caregivers Relief Act; Provides income tax credit to family caregivers of certain armed service members with physical disabilities.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Military and Veterans' Affairs Committee on March 12, 2015, with amendments.

  

An Act establishing the Wounded Warrior Caregivers Relief Act to provide income tax relief to family caregivers of certain armed service members by supplementing Title 54A of the New Jersey Statutes.

 

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

 

     1.    This act shall be known and may be cited as the "Wounded Warrior Caregivers Relief Act."

 

     2.    a.  A qualified family caregiver shall be allowed a qualified veteran care 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 100 percent of the federal veteran disability compensation of a qualified armed service member for which the qualified family caregiver renders care or $675, whichever is less.

     b.    If two or more qualified family caregivers qualify for the qualified veteran care credit for the same qualified armed service member, the amount of the credit allowed shall be allocated in proportion to each qualified family caregiver's share of total care expenses provided for the taxable year.

     c.    If the qualified veteran care credit allowed pursuant to this section, together with any other payments, credits, deductions, and adjustments allowed by law, reduces a qualified family caregiver's 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.

     d.    A qualified family caregiver that is not subject to tax in accordance with N.J.S.54A:2-4 for a taxable year may apply for a qualified veteran care credit using an application to be made available by the director.  The due date for a qualified veteran care credit application shall coincide with the due date for annual gross income tax returns.

     e.    As used in this section:

     "Qualified armed service member" means an individual ¹[that has served in any active or reserve component of the United States Armed Forces at a pay grade not exceeding O-3, or its equivalent] who has a disability arising out of service in the active military or naval service of the United States in any war or conflict on or after September 11, 2001¹, has been ¹honorably¹ discharged ¹[,] or released¹ under conditions other than dishonorable, ¹[possesses a 60 percent disability for purposes of federal veteran disability compensation] meets the requirements for total disability ratings for compensation based upon unemployability of the individual as determined by the United States Department of Veterans Affairs¹, and has resided with the qualified family caregiver in this State for not less than six months of the taxable year.

     "Qualified family caregiver" means an individual resident of this State with gross income for the taxable year not in excess of $100,000 if filing jointly, as a head of household, or as a surviving spouse, or not in excess of $50,000 if filing separately or unmarried, that provides care and support to a qualifying armed service member to whom the caregiver is a relative.

     "Relative" means an individual related by consanguinity within the third degree by law or blood.

 

     3.    This act shall take effect immediately and apply to taxable years beginning on or after January 1 next following the date of enactment.