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A1039
ASSEMBLY, No. 1039
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
���� Provides corporation business tax credit and gross
income tax credits for purchase and installation of certain electric vehicle
charging stations.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
providing a corporation business tax credit and
a gross income tax c
redit
for the
purchase and installation of certain electric vehicle charging stations, and
supplementing P.L.1945, c.162 (C.54:10A-1 et seq.) and Title 54A of the
New Jersey
Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� (1)� For the
taxpayer�s privilege period beginning in calendar year 2014, a taxpayer shall
be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945,
c.162 (C.54:10A-5) for the amount paid during the privilege period to purchase
and install an electric vehicle charging station which is used directly and
exclusively by the taxpayer in the taxpayer�s business, trade, or
occupation. The credit allowed pursuant to this paragraph shall be 25
percent of the amount paid to purchase and install an electric vehicle charging
station, up to $500 per station.
���� (2)� For the taxpayer�s
privilege period beginning in calendar year 2015, a taxpayer shall be allowed a
credit against the tax imposed pursuant to section 5 of P.L.1945, c.162
(C.54:10A-5) for the amount paid during the privilege period to purchase and
install an electric vehicle charging station which is used directly and
exclusively by the taxpayer in the taxpayer�s business, trade, or occupation.� The
credit allowed pursuant to this paragraph shall be 15 percent of the amount
paid to purchase and install an electric vehicle charging station, up to $300 per
station.
���� (3)� For the taxpayer�s
privilege period beginning in calendar year 2016, a taxpayer shall be allowed a
credit against the tax imposed pursuant to section 5 of P.L.1945, c.162
(C.54:10A-5) for the amount paid during the privilege period to purchase and
install an electric vehicle charging station which is used directly and
exclusively by the taxpayer in the taxpayer�s business, trade, or occupation. �The
credit allowed pursuant to this paragraph shall be eight percent of the amount
paid to purchase and install an electric vehicle charging station, up to $150
per station.
���� b.��� (1) To qualify for the
tax credit allowed pursuant to this section, the taxpayer shall file an
application for a certification from the Commissioner of Environmental
Protection that the charging station purchased by the taxpayer qualifies as an
electric vehicle charging station.� The application for certification shall
specifically indicate the date of purchase of the electric vehicle charging
station, a description of the vehicles to use the electric vehicle charging
station, the amount paid for the electric vehicle charging station, and proof
of completed installation of the charging station.� The commissioner shall
prescribe the form for the application and certification.
���� (2)� The Commissioner of
Environmental Protection shall have 90 days from the date of receipt of a
complete application to make a determination as to the issuance of a
certification.
���� (3)� Upon certification, the
Commissioner of Environmental Protection shall submit a copy thereof to the
taxpayer and the director.� In filing a tax return that includes a claim for
the credit allowed pursuant to this section, the taxpayer shall include a copy
of the certification.
���� c.��� The amount of the credit
applied under this section against the tax imposed pursuant to section 5 of
P.L.1945, c.162 (C.54:10A-5), for a privilege period, when taken together with
any other credits allowed against the tax imposed pursuant to section 5 of
P.L.1945, c.162, shall not exceed 50% of the tax liability otherwise due and
shall not reduce the tax liability to an amount less than the statutory minimum
provided in subsection (e) of section 5 of P.L.1945, c.162.� The priority in
which credits allowed pursuant to this section and any other credits shall be
taken shall be as determined by the Director of the Division of Taxation.� The
amount of the credit otherwise allowable under this section which cannot be
applied for the privilege period due to the limitations of this subsection or
under other provisions of P.L.1945, c.162 may be carried over, if necessary, to
the seven privilege periods following the privilege period for which the credit
was allowed.
���� d.��� As used in this section:
���� �Electric vehicle charging
station� means an electric recharging point complete with electric vehicle
supply equipment that is capable of providing level 2 charging or level 3
charging for plug-in electric vehicles.
���� �Level 2 charging� means an
onboard charging system providing a 240 volt alternate current electricity to a
plug-in electric vehicle in a single phase with a maximum current specified at
32 continuous amps with a branch circuit breaker rated at 40 amps and a maximum
continuous input power specified at 7.68 kilowatts.
���� �Level 3 charging� means an
offboard charging system providing a 480 volt alternate current to a plug-in
electric vehicle in a three-phase circuit.
���� �Plug-in electric vehicle�
means an on-road motor vehicle that uses a battery to store the electrical
energy to power the vehicle�s motor and is charged or recharged from an
external source of electricity by plugging the vehicle into an electric power
source, such as an electric vehicle charging station.
���� 2.��� a.� (1) �For the
taxpayer�s taxable year beginning in calendar year 2014, a taxpayer shall be
allowed a credit against the tax otherwise due for the taxable year under the
"New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., in an
amount equal to 25 percent, up to $500 per station, of the amount paid in that
taxable year to purchase and install an electric vehicle charging station which
is used directly and exclusively by the taxpayer in the taxpayer�s business,
trade or occupation.
���� (2)� For the taxpayer�s
taxable year beginning in calendar year 2015, a taxpayer shall be allowed a
credit against the tax otherwise due for the taxable year under the "New
Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., in an amount equal to
15 percent, up to $300 per station, of the amount paid in that taxable year to
purchase and install an electric vehicle charging station which is used
directly and exclusively by the taxpayer in the taxpayer�s business, trade or
occupation.
���� (3)� For the taxpayer�s
taxable year beginning in calendar year 2016, a taxpayer shall be allowed a
credit against the tax otherwise due for the taxable year under the "New
Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., in an amount equal to
8 percent, up to $150 per station, of the amount paid in that taxable year to
purchase and install an electric vehicle charging station which is used
directly and exclusively by the taxpayer in the taxpayer�s business, trade or
occupation.
���� b.��� (1) �To qualify for the
tax credit allowed pursuant to this section, the taxpayer shall file an
application for a certification from the Commissioner of Environmental
Protection that the charging station purchased by the taxpayer qualifies as an
electric vehicle charging station.� The application for certification shall
specifically indicate the date of purchase of the electric vehicle charging
station, a description of the vehicles to use the electric vehicle charging
station, the amount paid for the electric vehicle charging station, and proof
of completed installation of the electric vehicle charging station.� The
commissioner shall prescribe the form for the application and certification.
���� (2)� The Commissioner of
Environmental Protection shall have 90 days from the date of receipt of a
complete application to make a determination as to the issuance of a
certification.
���� (3)� Upon certification, the
Commissioner of Environmental Protection shall submit a copy thereof to the
taxpayer and the director.� In filing a tax return that includes a claim for
the credit allowed pursuant to this section, the taxpayer shall include a copy
of the certification.
���� c.��� A partnership shall not
be allowed a credit under this section directly, but the amount of credit of a
taxpayer in respect of a distributive share of partnership income under the
"New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., shall be
determined by allocating to the taxpayer that proportion of the credit or
certificate acquired by the partnership that is equal to the taxpayer's share,
whether or not distributed, of the total distributive income or gain of the
partnership for its taxable year ending within or with the taxpayer's taxable
year.
�����
d.��� A New Jersey S
Corporation shall not be allowed a credit under this section directly, but the
amount of credit of a taxpayer in respect of a pro rata share of S Corporation
income under the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et
seq., shall be determined by allocating to the taxpayer that proportion of the
credit or certificate acquired by the New Jersey S Corporation that is equal to
the taxpayer's share, whether or not distributed, of the total pro rata share
of S Corporation income of the New Jersey S Corporation for its privilege
period ending within or with the taxpayer's taxable year.
���� e.��� As used in this section:
���� �Electric vehicle charging
station� means an electric recharging point complete with electric vehicle
supply equipment that is capable of providing level 2 charging or level 3
charging for plug-in electric vehicles.
���� �Level 2 charging� means an
onboard charging system providing a 240 volt alternate current electricity to a
plug-in electric vehicle in a single phase with a maximum current specified at
32 continuous amps with a branch circuit breaker rated at 40 amps and a maximum
continuous input power specified at 7.68 kilowatts.
���� �Level 3 charging� means an
offboard charging system providing a 480 or more volt alternate current or
direct current to a plug-in electric vehicle in a three-phase circuit.
���� �Plug-in electric vehicle�
means an on-road motor vehicle that uses a battery to store the electrical
energy to power the vehicle�s motor and is charged or recharged from an
external source of electricity by plugging the vehicle into an electric power
source, such as an electric vehicle charging station.
���� 3.��� a.� (1) For the�
taxpayer�s taxable year beginning� in calendar year 2014, a taxpayer shall be
allowed a credit against the tax otherwise due for the taxable year under the
"New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., in an
amount equal to 25 percent, up to $500, of the amount paid in that taxable year
to purchase and install an electric vehicle charging station, provided however
that a married taxpayer filing separately shall be allowed credit up to $250.
���� (2)� For the taxpayer�s
taxable year beginning in calendar year 2015, a taxpayer shall be allowed a
credit against the tax otherwise due for the taxable year under the "New
Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., in an amount equal to
15 percent, up to $300, of the amount paid in that taxable year to purchase and
install an electric vehicle charging station, provided however that a married
taxpayer filing separately shall be allowed credit up to $150.
���� (3)� For the taxpayer�s
taxable year beginning in calendar year 2016, a taxpayer shall be allowed a
credit against the tax otherwise due for the taxable year under the "New
Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., in an amount equal to
8 percent, up to $150, of the amount paid in that taxable year to purchase and
install an electric vehicle charging station, provided however that a married
taxpayer filing separately shall be allowed credit up to $75.
���� b.��� (1) To qualify for the
tax credit allowed pursuant to this section, the taxpayer shall file an
application for a certification from the Commissioner of Environmental
Protection that the charging station purchased by the taxpayer qualifies as an
electric vehicle charging station.� The application for certification shall
specifically indicate the date of purchase of the electric vehicle charging
station, a description of the vehicles to use the electric vehicle charging
station, the amount paid for the electric vehicle charging station, and proof
of completed installation of the electric vehicle charging station.� The
commissioner shall prescribe the form for the application and certification.
���� (2)� The Commissioner of
Environmental Protection shall have 90 days from the date of receipt of a
complete application to make a determination as to the issuance of a
certification.
���� (3)� Upon certification, the
Commissioner of Environmental Protection shall submit a copy thereof to the
taxpayer and the director.� In filing a tax return that includes a claim for
the credit allowed pursuant to this section, the taxpayer shall include a copy
of the certification.
���� As used in this section:
���� �Electric vehicle charging
station� means an electric recharging point complete with electric vehicle
supply equipment that is capable of providing level 2 charging or level 3
charging for plug-in electric vehicles.
���� �Level 2 charging� means an
onboard charging system providing a 240 volt alternate current electricity to a
plug-in electric vehicle in a single phase with a maximum current specified at
32 continuous amps with a branch circuit breaker rated at 40 amps and a maximum
continuous input power specified at 7.68 kilowatts.
���� �Level 3 charging� means an
offboard charging system providing a 480 or more volt alternate current or
direct current to a plug-in electric vehicle in a three-phase circuit.
���� �Plug-in electric vehicle�
means an on-road motor vehicle that uses a battery to store the electrical
energy to power the vehicle�s motor and is charged or recharged from an
external source of electricity by plugging the vehicle into an electric power
source, such as an electric vehicle charging station.
���� 4.��� This act shall take
effect immediately.
STATEMENT
���� This bill provides corporation
business tax credit and gross income tax credits for the purchase and
installation of certain electric vehicle charging stations.� The credits are
available for the taxpayer tax periods beginning in calendar years 2014, 2015
and 2016.
���� The bill provides credits
under the corporation business tax and the gross income tax for electric
vehicle charging stations used directly and exclusively by the taxpayer in the
taxpayer�s business,
trade, or occupation
.� For
charging stations purchased and installed in 2014 tax periods a taxpayer will
be allowed a credit in an amount of 25 percent of the cost, up to $500 per
electric vehicle charging station; for a charging station purchased and
installed in 2015 tax periods the credit is 15 percent of the cost, up to $300
per charging station; and for a charging station purchased and installed in
2016 tax periods the credit is eight percent of the cost, up to $150 per
station.
���� The bill also provides a gross
income tax credit for a charging station purchase that is not required to be
for business use.� The credit for 2014 is 25 percent of cost, up to $500, for
2015 15 percent of cost, up to $300, and for 2016 eight percent of cost, up to
$150, for the purchase and installation of a charging station.� Married
taxpayers filing separately are allowed up to half of those amounts.
���� To qualify for the bill�s tax
credits, the bill requires the taxpayer to file an application for a
certification with the Commissioner of Environmental Protection that the
charging station purchased and installed by the taxpayer is a qualified
electric vehicle charging station.