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NJ A4473
Bill
Status
9/26/2024
Primary Sponsor
Dan Hutchison
Click for details
AI Summary
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Removes the 5-year statute of limitations for recovering erroneous tax refunds obtained through fraud, allowing the Division of Taxation to assess deficiencies at any time when a false or fraudulent return was filed with intent to evade tax
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Clarifies that "false or fraudulent return" does not include taxpayer inadvertence, reliance on incorrect technical advice, honest difference of opinion, negligence, or carelessness
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Aligns the treatment of fraud-induced refunds with the existing unlimited assessment period that applies to false or fraudulent returns filed to evade taxes
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Eliminates the term "misrepresentation of a material fact" from the erroneous refund recovery provisions to create a consistent fraud standard
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Applies retroactively to assessments of deficiencies arising from erroneous refunds made within the five years preceding the bill's enactment
Legislative Description
Eliminates statute of limitations on income tax assessments that arise out of erroneous refunds induced by fraud.
State Government, Wagering, Tourism & Historic Preservation
Last Action
Received in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
9/30/2024