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New Jersey's Tax Exemption And Abatement Laws

P.L.1991, c.431 with final retroactive first full year of operation under the
amendments effective August 5, 1992 new Five-Year Exemption and Abatement
consolidated, into one more flexible law, Law, there were three types of property
the various long term tax exemption laws to which a qualified municipality (a
under which municipalities may agree with municipality with "areas in need of
private entities to undertake rehabilitation") could grant a partial
redevelopment projects in return for tax exemption and abatement for a five-year
exemptions.P.L.1991, c.441, effective for period.These property types
the first full tax year commencing after included:Homeowner improvements
its January 18, 1992 enactment, (including additions and enlargements)
consolidated the various five-year tax made to one-unit or two-unit residential
abatement and exemption laws into one, dwellings that were more than 20 years
more standardized law to govern all tax old. As determined by ordinance the
abatements and exemption regardless of first $4,000, $10,000 or $15,000 of
the type of structure.Long Term Tax increased value due to improvement on
Exemption LawPrior to 1993, which was the each unit could be exempted from taxation
first full year of operation governed by (see N.J.S.A. 54:4-3.72 to
the new Long Term Tax Exemption Law, 3.79).Commercial and industrial
under the provisions of improvements and construction projects
N.J.S.A.40:55C-40, the "Urban Renewal (with less than a 30% increase in
Corporation and Association Law of 1961," building volume) could have the full
commonly known as the Fox-Lance Act, a assessed value of the improvement
qualified municipality (a municipality exempted with payments in-lieu of taxes
with "areas in need of rehabilitation") made at 2%of project cost or 15% of
could abate from 15 to 20 years the taxes annual gross revenues or an in-lieu of
on newly constructed industrial, tax payment phased-in. (see N.J.S.A.
commercial, cultural, or residential 54:4-3.94to 3.112).Multiple dwelling
projects of a corporation, with profits improvements or conversion of other types
in excess of the limited profits returned of structures to multiple dwellings could
to the municipality, or from 30 to 35 have up to 30% of the full value of the
years for condominium projects. improvement or conversion alteration
Condominium projects were given 30 to 35 exempted. No in-lieu of tax payment was
years in order to provide a realistic required (see N.J.S.A. 54:4-3.121 to
period for permanent financing. Also, 3.129).Commencing in 1993 the provisions
prior to 1993 under the provisions of of N.J.S.A. 40A:21-1 et seq., the
N.J.S.A.55:16-1 et seq., the "Five-Year Exemption and Abatement Law,"
"Limited-Dividend Nonprofit Housing which consolidated all provisions of the
Corporation or Association Law," a previous five-year abatement statutes,
qualified municipality could abate for up permitted a qualified municipality to
to 50 years the taxes on newly grant partial exemptions and abatements
constructed housing. Further, under on residential dwellings, non-residential
N.J.S.A.55:14I-1 et seq., a qualified structures and multiple dwellings in the
municipality could abate for up to 50 same way the pre 1993 law did, with the
years the taxes on newly constructed following notable exceptions made to the
senior housing. Lastly, prior to 1993, new law:A new, single definition of
under the provisions of "areas in need of rehabilitation" was
N.J.S.A.40:55C-77, the "Urban Renewal established to govern all exemptions and
Nonprofit Corporation Law of 1965," abatements which, if chosen, could enable
basically the same types of properties an entire municipality to be designated
and projects as the Fox-Lance Act could as an area in need of rehabilitation
be abated for 20 to 25 years with all (thus permitting new structures to
profits being returned to the facilitate infill construction).The new
municipality. In all cases under these five-year law also permitted, for the
property tax exemption laws in-lieu of first time, tax abatements and exemptions
tax payments were required.Commencing in for new construction of single family
1993 the provisions of N.J.S.A.40A:20-1 and multi-family dwelling units and
et seq. permitted a qualified non-residential structures rather than
municipality to abate the taxes on just improvements or enlargements to such
properties and projects in the same way properties.The new law also increased the
the pre 1993 law did with the following allowable maximum tax exemptions for the
notable exceptions:A new, flexible value added by an improvement from
in-lieu of tax formula was established $4,000, $10,000, and $15,000 to $5,000,
with a phasing-in of payments in-lieu of $15,000 and $25,000, respectively, as the
taxes to occur under both the percent of municipal ordinance may
gross rental formula and the percent of specify.Biography: Gerald 'Jerry' Dowgin
total project cost formula.The formulas "The Property Tax Doctor" and the author
for computing payment in-lieu of taxes of the Homeowner's Assessment Review
for both office projects and housing Guide ( a former tax assessor worked in
projects were changed. The minimum the field of public finance at the State
annual service charge for office and local levels in New Jersey for more
buildings was reduced from 15 to 10 than three decades until his retirement
percent of the annual gross revenues of in 2001. As a Supervising Tax Analyst
the project or units of the project. in the Office of Research and Statistics
Municipalities retained the option of in the Division of Taxation in the New
computing the payment in-lieu of taxes at Jersey Department of Treasury he worked
no less than 2 percent of the total principally on local property tax issues.
project cost or total project units cost. Then he joined the Office of Legislative
For housing projects the annual service Services (OLS) in 1983 and served as the
charge was changed from a minimum of 15 Secretary to the New Jersey Property Tax
percent to a maximum of 15 percent of Assessment Study Commission for four
annual gross revenue of the project or years. While working in the OLS, Local
from a minimum 2 percent to a maximum 2 Government Section he researched,
percent of the total project cost or drafted, and estimated the cost of the
total project unit cost.The payment Senior Property Tax Freeze Bill which was
in-lieu of tax formulas remains basically signed onto law and worked on legislation
unchanged for all other types of that became law that virtually stopped
industrial, commercial or cultural the tax assessment practice of "Spot
projects.Five-Year Exemption and Assessments" in New Jersey that had
Abatement LawPrior to 1993, which was the treated many property taxpayers unfairly.




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