New Jersey § 34:1b-308

§ 34:1b-308.

a. A taxpayer may apply to the director and the chief executive officer of the authority

for a tax credit transfer certificate, covering one or more years, in lieu of the

taxpayer being allowed any amount of the credit against the tax liability of the taxpayer. The tax credit transfer certificate, upon receipt thereof by the taxpayer from the

director and the chief executive officer of the authority, may be sold or assigned,

in full or in part in an amount not less than $25,000, in the privilege period during

which the taxpayer receives the tax credit transfer certificate from the director,

to another person, who may apply the credit against a tax liability pursuant to section

1 of P.L.1950, c. 231 ( C.17:32-15 ), N.J.S.17B:23-5 , section 5 of P.L.1945, c. 162 ( C.54:10A-5 ), and sections 2 and 3 of P.L.1945, c. 132 ( C.54:18A-2 and C.54:18A-3 ). The certificate provided to the taxpayer shall include a statement waiving the taxpayer's

right to claim the amount of the credit that the taxpayer has elected to sell or assign

against the taxpayer's tax liability. b. The taxpayer shall not sell or assign, including a collateral assignment, a tax

credit transfer certificate allowed under this section for consideration received

by the taxpayer of less than 85 percent of the transferred credit amount before considering

any further discounting to the present value which shall be permitted. The tax credit transfer certificate issued to a taxpayer by the director shall be

subject to any limitations and conditions imposed on the application of the original

State tax credits issued pursuant to the “Food Desert Relief Act,” sections 35 through

41 of P.L.2020, c. 156 ( C.34:1B-303 through C.34:1B-309 ), and any other terms and conditions that the director may prescribe. c. A purchaser or assignee of a tax credit transfer certificate pursuant to this section

shall not make any subsequent transfers, assignments, or sales of the tax credit transfer

certificate. d. The authority shall publish on its Internet website the following information concerning

each tax credit transfer certificate approved by the authority and the director pursuant

to this section: (1) the name of the transferor; (2) the name of the transferee; (3) the value of the tax credit transfer certificate; and (4) the consideration received by the transferor.