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NJ A4473

Bill

Status

Engrossed

9/26/2024

Primary Sponsor

Dan Hutchison

Click for details

Origin

General Assembly

2024-2025 Regular Session

AI Summary

  • 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

  • Clarifies that "false or fraudulent return" does not include taxpayer inadvertence, reliance on incorrect technical advice, honest difference of opinion, negligence, or carelessness

  • Aligns the treatment of fraud-induced refunds with the existing unlimited assessment period that applies to false or fraudulent returns filed to evade taxes

  • Eliminates the term "misrepresentation of a material fact" from the erroneous refund recovery provisions to create a consistent fraud standard

  • 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

Committee Referrals

State Government, Wagering, Tourism & Historic Preservation9/30/2024
Financial Institutions and Insurance6/24/2024
State and Local Government6/3/2024

Full Bill Text

No bill text available