Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
On October 14, 2016, Governor Christie signed a bill that raises the gasoline tax 23 cents per gallon, effective November 1, 2016. There will also be a reduction in the sales tax from 7% to 6.625%, to be phased in over two years.
Other provisions of the new law have an impact on New Jersey estate and income taxes. Specifically, the New Jersey estate tax exemption will increase, effective January 1, 2017, from its present $675,000 to $2,000,000, with a complete elimination of the New Jersey estate tax slated to be effective January 1, 2018. Note that these changes are to the New Jersey estate tax regime; the New Jersey inheritance tax, which applies to gifts to persons other than spouses, direct descendants, and direct ancestors, was not changed and remains effective at rates of 11% to 16%.
The effect of the change to the estate tax law is that New Jersey taxpayers will be able to shelter more of their assets from taxation. While gifts to spouses at death do not bear tax under either New Jersey or federal law because of the unlimited marital deduction (for U.S. citizens), the new law means that upon the death of the second spouse, with appropriate planning a married couple will be able to shelter from the New Jersey estate tax up to $4 million of assets for their descendants. The federal estate tax exemption, also called the Basic Exclusion Amount, is much higher and is indexed for inflation. That exemption stands at $5.45 million per taxpayer in 2016, increasing to $5.49 million in 2017.
Estate planning documents such as Wills and trust agreements may not need to be changed in order to obtain the benefits of the new law. It is recommended that clients check with their estate planning advisors to be sure.
The New Jersey income tax on retirement income was also changed. In 2016, a couple filing jointly with total income of $100,000 or less can exclude up to $20,000 of retirement income. The recent law increased this tax break, to be phased in over four years. By 2020, a couple filing jointly can exclude up to $100,000 of retirement income and a single filer can exclude $75,000. The caveat is that gross income cannot exceed $100,000—if it does, the exclusion isn’t available.