New Jersey § 54a:5-1
Full text of New Jersey New Jersey Statutes § 54a:5-1, with citation guidance and answers to common questions.
§ 54a:5-1.
New Jersey Gross Income Defined. New Jersey gross income shall consist of the following categories of income: a. Salaries, wages, tips, fees, commissions, bonuses, and other remuneration received
for services rendered whether in cash or in property, and amounts paid or distributed,
or deemed paid or distributed, out of a medical savings account that are not excluded
from gross income pursuant to section 5 of P.L.1997, c. 414 ( C.54A:6-27 ). b. Net profits from business. The net income from the operation of a business, profession or other activity after
provision for all costs and expenses incurred in the conduct thereof, determined either
on a cash or accrual basis in accordance with the method of accounting allowed for
federal income tax purposes but without deduction of the amount of: (1) taxes based on income; (2) a civil, civil administrative, or criminal penalty or fine, including a penalty
or fine under an administrative consent order, assessed and collected for a violation
of a State or federal environmental law, an administrative consent order, or an environmental
ordinance or resolution of a local governmental entity, and any interest earned on
the penalty or fine, and any economic benefits having accrued to the violator as a
result of a violation, which benefits are assessed and recovered in a civil, civil
administrative, or criminal action, or pursuant to an administrative consent order. The provisions of this paragraph shall not apply to a penalty or fine assessed or
collected for a violation of a State or federal environmental law, or local environmental
ordinance or resolution, if the penalty or fine was for a violation that resulted
from fire, riot, sabotage, flood, storm event, natural cause, or other act of God
beyond the reasonable control of the violator, or caused by an act or omission of
a person who was outside the reasonable control of the violator; and (3) treble damages paid to the Department of Environmental Protection pursuant to
subsection a. of section 7 of P.L.1976, c. 141 ( C.58:10-23.11f ) for costs incurred by the department in removing, or arranging for the removal of,
an unauthorized discharge upon the failure of the discharger to comply with a directive
from the department to remove, or arrange for the removal of, a discharge. c. Net gains or income from disposition of property. Net gains or net income, less net losses, derived from the sale, exchange or other
disposition of property, including real or personal, whether tangible or intangible
as determined in accordance with the method of accounting allowed for federal income
tax purposes. For the purpose of determining gain or loss, the basis of property shall be the
adjusted basis used for federal income tax purposes, except as expressly provided
for under this act, but without a deduction for penalties, fines, or economic benefits
excepted pursuant to paragraph (2), or for treble damages excepted pursuant to paragraph
(3) of subsection b. of this section. A taxpayer's net gain or loss on the sale, exchange or other disposition of a share
of an S corporation shall be calculated by increasing the adjusted basis of the share
by an amount equal to the shareholder's net losses and deductions in respect of the
share allowed and deducted from income for federal income tax purposes, not including
any personal net operating loss deductions, to the extent that such net losses were
not offset by the taxpayer's pro rata share of S corporation income otherwise subject
to taxation pursuant to subsection p. of this section in respect of another S corporation,
subject to rules of priority and assignment determined by the director. For the tax year 1976, any taxpayer with a tax liability under this subsection, or
under the “Tax on Capital Gains and Other Unearned Income Act,” P.L.1975, c. 172 ( C.54:8B-1 et seq. ), shall not be subject to payment of an amount greater than the amount he would have
paid if either return had covered all capital transactions during the full tax year
1976; provided, however, that the rate which shall apply to any capital gain shall
be that in effect on the date of the transaction. To the extent that any loss is used to offset any gain under P.L.1975, c. 172, it
shall not be used to offset any gain under the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. The term “net gains or income” shall not include gains or income derived from obligations
which are referred to in clause (1) or (2) of N.J.S.54A:6-14 of this act or from securities which evidence ownership in a qualified investment
fund as defined in section 2 of P.L.1987, c. 310 ( C.54A:6-14.1 ). The term “net gains or income” shall not include gains or income derived from the
sale or assignment of a tax credit transfer certificate pursuant to section 7 of P.L.2011, c. 149 ( C.34:1B-248 ) and section 10 of P.L.2014, c. 63 ( C.34:1B-251 ) from any sale or assignment of a tax credit issued pursuant to an award of tax credits
approved by the New Jersey Economic Development Authority prior to July 1, 2018, regardless
of when such sale or assignment occurs. The term “net gains or net income” shall not include gains or income from transactions
to the extent to which nonrecognition is allowed for federal income tax purposes. The term “sale, exchange or other disposition” shall not include the exchange of
stock or securities in a corporation a party to a reorganization in pursuance of a
plan of reorganization, solely for stock or securities in such corporation or in another
corporation a party to the reorganization and the transfer of property to a corporation
by one or more persons solely in exchange for stock or securities in such corporation
if immediately after the exchange such person or persons are in control of the corporation. For purposes of this clause, stock or securities issued for services shall not be
considered as issued in return for property. For purposes of this clause, the term “ reorganization ” means-- (i) A statutory merger or consolidation; (ii) The acquisition by one corporation, in exchange solely for all or part of its
voting stock (or in exchange solely for all or a part of the voting stock of a corporation
which is in control of the acquiring corporation) of stock of another corporation
if, immediately after the acquisition, the acquiring corporation has control of such
other corporation (whether or not such acquiring corporation had control immediately
before the acquisition); (iii) The acquisition by one corporation, in exchange solely for all or part of its
voting stock (or in exchange solely for all or a part of the voting stock of a corporation
which is in control of the acquiring corporation), of substantially all of the properties
of another corporation, but in determining whether the exchange is solely for stock
the assumption by the acquiring corporation of a liability of the other, or the fact
that property acquired is subject to a liability, shall be disregarded; (iv) A transfer by a corporation of all or a part of its assets to another corporation
if immediately after the transfer the transferor, or one or more of its shareholders
(including persons who were shareholders immediately before the transfer), or any
combination thereof, is in control of the corporation to which the assets are transferred; (v) A recapitalization; (vi) A mere change in identity, form, or place of organization however effected;
or (vii) The acquisition by one corporation, in exchange for stock of a corporation (referred
to in this subclause as “controlling corporation”) which is in control of the acquiring
corporation, of substantially all of the properties of another corporation which in
the transaction is merged into the acquiring corporation shall not disqualify a transaction
under subclause (i) if such transaction would have qualified under subclause (i) if
the merger had been into the controlling corporation, and no stock of the acquiring
corporation is used in the transaction; (viii) A transaction otherwise qualifying under subclause (i) shall not be disqualified
by reason of the fact that stock of a corporation (referred to in this subclause as
the “controlling corporation”) which before the merger was in control of the merged
corporation is used in the transaction, if after the transaction, the corporation
surviving the merger holds substantially all of its properties and of the properties
of the merged corporation (other than stock of the controlling corporation distributed
in the transaction); and in the transaction, former shareholders of the surviving
corporation exchanged, for an amount of voting stock of the controlling corporation,
an amount of stock in the surviving corporation which constitutes control of such
corporation. For purposes of this clause, the term “ control ” means the ownership of stock possessing at least 80% of the total combined voting
power of all classes of stock entitled to vote and at least 80% of the total number
of shares of all other classes of stock of the corporation. For purposes of this clause, the term “ a party to a reorganization ” includes a corporation resulting from a reorganization, and both corporations, in
the case of a reorganization resulting from the acquisition by one corporation of
stock or properties of another. In the case of a reorganization qualifying under subclause (i) by reason of subclause
(vii) the term “ a party to a reorganization ” includes the controlling corporation referred to in such subclause (vii). Notwithstanding any provisions hereof, upon every such exchange or conversion, the
taxpayer's basis for the stock or securities received shall be the same as the taxpayer's
actual or attributed basis for the stock, securities or property surrendered in exchange
therefor. d. Net gains or net income derived from or in the form of rents, royalties, patents,
and copyrights. e. Interest, except interest referred to in clause (1) or (2) of N.J.S.54A:6-14 , or distributions paid by a qualified investment fund as defined in section 2 of
P.L.1987, c. 310 ( C.54A:6-14.1 ), to the extent provided in that section. f. Dividends. “ Dividends ” means any distribution in cash or property made by a corporation, association or
business trust that is not an S corporation, (1) out of accumulated earnings and profits,
or (2) out of earnings and profits of the year in which such dividend is paid and
any distribution in cash or property made by an S corporation, as specifically determined
pursuant to section 16 of P.L.1993, c. 173 ( C.54A:5-14 ). The term “dividends” shall not include distributions paid by a qualified investment
fund as defined in section 2 of P.L.1987, c. 310 ( C.54A:6-14.1 ), to the extent provided in that section. g. Gambling winnings. h. Net gains or income derived through estates or trusts. i. Income in respect of a decedent. j. Amounts distributed or withdrawn from an employee trust attributable to contributions
to the trust which were excluded from gross income under the provisions of chapter
6 of Title 54A of the New Jersey Statutes, amounts rolled over from an IRA, as defined
pursuant to subsection (a) of section 408 of the federal Internal Revenue Code of 1986 , 26 U.S.C. s.408 , that is not a Roth IRA, as defined pursuant to subsection b. of section 2 of P.L.1998,c.57 ( C.54A:6-28 ) to an IRA that is a Roth IRA, and pensions and annuities except to the extent of
exclusions in N.J.S.54A:6-10 hereunder, notwithstanding the provisions of N.J.S.18A:66-51 , P.L.1973, c. 140, § 41 ( C.43:6A-41 ), P.L.1954, c. 84, § 53 ( C.43:15A-53 ), P.L.1944, c. 255, § 17 ( C.43:16A-17 ), P.L.1965, c. 89, § 45 ( C.53:5A-45 ), R.S.43:10-14 , P.L.1943, c. 160, § 22 ( C.43:10-18.22 ), P.L.1948, c. 310, § 22 ( C.43:10-18.71 ), P.L.1954, c. 218, § 32 ( C.43:13-22.34 ), P.L.1964, c. 275, § 11 ( C.43:13-22.60 ), R.S.43:10-57 , P.L.1938, c. 330, § 13 ( C.43:10-105 ), R.S.43:13-44 , and P.L.1943, c. 189, § 5 ( C.43:13-37.5 ). k. Distributive share of partnership income , excluding the gain or income derived from the sale or assignment of a tax credit
transfer certificate pursuant to section 7 of P.L.2011, c. 149 ( C.34:1B-248 ) and section 10 of P.L.2014, c. 63 ( C.34:1B-251 ) from any sale or assignment of a tax credit issued pursuant to an award of tax credits
approved by the New Jersey Economic Development Authority prior to July 1, 2018, regardless
of when such sale or assignment occurs . l . Amounts received as prizes and awards, except as provided in N.J.S.54A:6-8 and N.J.S.54A:6-11 hereunder. m. Rental value of a residence furnished by an employer or a rental allowance paid
by an employer to provide a home. n. Alimony and separate maintenance payments to the extent that such payments are
required to be made under a decree of divorce or separate maintenance but not including
payments for support of minor children. o . Income, gain or profit derived from acts or omissions defined as crimes or offenses
under the laws of this State or any other jurisdiction. p. Net pro rata share of S corporation income , excluding the gain or income derived from the sale or assignment of a tax credit
transfer certificate pursuant to section 7 of P.L.2011, c. 149 ( C.34:1B-248 ) and section 10 P.L.2014, c. 63 ( C.34:1B-251 ) from any sale or assignment of a tax credit issued pursuant to an award of tax credits
approved by the New Jersey Economic Development Authority prior to July 1, 2018, regardless
of when such sale or assignment occurs .
Frequently Asked Questions About New Jersey § 54a:5-1
What does New Jersey Statutes § 54a:5-1 cover?
Section 54a:5-1 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 54a:5-1?
A common citation format is "New Jersey Statutes § 54a:5-1" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 54a:5-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.