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A1523
ASSEMBLY, No. 1523
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
���� Eliminates transfer inheritance taxes on brothers and
sisters of a decedent.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
eliminating transfer inheritance taxes on brothers or sisters of a decedent,
amending R.S.54:34‑2.
Be It Enacted
by the Senate and
General Assembly of the State of New Jersey:
���� 1.��� R.S.54:34-2 is amended
to read as follows:
���� 54:34-2.��� a.� (1)� The
transfer of property to a husband or wife, or a domestic partner as defined in
section 3 of P.L.2003, c.246 (C.26:8A‑3), of a decedent shall be taxed at
the following rates:
For transfers made
through December 31, 1984:
On any amount in excess of
$15,000.00, up to $50,000.00 .........��� 2%
On any amount in excess of
$50,000.00, up to $100,000.00 ........�� 3%
On any amount in excess of
$100,000.00, up to $150,000.00 ...... 4 %
On any amount in excess of
$150,000.00, up to $200,000.00 .......� 5%
On any amount in excess of
$200,000.00, up to $300,000.00 .......� 6%
On any amount in excess of
$300,000.00, up to $500,000.00 .......� 7%
On any amount in excess of
$500,000.00, up to $700,000.00 .......� 8%
On any amount in excess of
$700,000.00, up to $900,000.00 .......� 9%
On any amount in excess of
$900,000.00, up to $1,100,000.00 ... 10%
On any amount in excess of
$1,100,000.00, up to $1,400,000.00. 11%
On any amount in excess of
$1,400,000.00, up to $1,700,000.00. 12%
On any amount in excess of
$1,700,000.00, up to $2,200,000.00. 13%
On any amount in excess of
$2,200,000.00, up to $2,700,000.00. 14%
On any amount in excess of
$2,700,000.00, up to $3,200,000.00. 15%
On any amount in excess of
$3,200,000.00 ..............................��� 16%
���� For transfers made on or after
January 1, 1985 there shall be no tax imposed under this paragraph.
���� (2)� The transfer of property
to a father, mother, grandparent, child or children of a decedent, or to any
child or children adopted by the decedent in conformity with the laws of this
State, or of any of the United States or of a foreign country, or the issue of
any child or legally adopted child of a decedent, shall be taxed at the
following rates:
���� For transfers through June
30, 1985:
On any amount in excess of
$15,000.00, up to $50,000.00 ........�� 2%
On any amount in excess of
$50,000.00, up to $100,000.00 .......�� 3%
On any amount in excess of
$100,000.00, up to $150,000.00 ......�� 4%
On any amount in excess of
$150,000.00, up to $200,000.00 ......�� 5%
On any amount in excess of
$200,000.00, up to $300,000.00 ......�� 6%
On any amount in excess of
$300,000.00, up to $500,000.00 ......�� 7%
On any amount in excess of
$500,000.00, up to $700,000.00 ......�� 8%
On any amount in excess of
$700,000.00, up to $900,000.00 ......�� 9%
On any amount in excess of
$900,000.00, up to $1,100,000.00 ... 10%
On any amount in excess of
$1,100,000.00, up to $1,400,000.00. 11%
On any amount in excess of
$1,400,000.00, up to $1,700,000.00. 12%
On any amount in excess of
$1,700,000.00, up to $2,200,000.00. 13%
On any amount in excess of
$2,200,000.00, up to $2,700,000.00. 14%
On any amount in excess of
$2,700,000.00, up to $3,200,000.00. 15%
On any amount in excess of
$3,200,000.00 ..............................�� 16%
���� For transfers made from July
1, 1985 through June 30, 1986:
On any amount in excess of
$50,000.00, up to $100,000.00 .......��� 3%
On any amount in excess of
$100,000.00, up to $150,000.00 ......�� 4%
On any amount in excess of
$150,000.00, up to $200,000.00 ......�� 5%
On any amount in excess of
$200,000.00, up to $300,000.00 ......�� 6%
On any amount in excess of
$300,000.00, up to $500,000.00 ......�� 7%
On any amount in excess of
$500,000.00, up to $700,000.00 ......�� 8%
On any amount in excess of
$700,000.00, up to $900,000.00 ......�� 9%
On any amount in excess of
$900,000.00, up to $1,100,000.00� 10%
On any amount in excess of
$1,100,000.00, up to $1,400,000.00. 11%
On any amount in excess of
$1,400,000.00, up to $1,700,000.00. 12%
On any amount in excess of
$1,700,000.00, up to $2,200,000.00. 13%
On any amount in excess of
$2,200,000.00, up to $2,700,000.00. 14%
On any amount in excess of
$2,700,000.00, up to $3,200,000.00. 15%
On any amount in excess of
$3,200,000.00 .............................�� 16%
���� For transfers made from July
1, 1986 through June 30, 1987:
On any amount in excess of
$150,000.00, up to $200,000.00 ......��� 5%
On any amount in excess of
$200,000.00, up to $300,000.00 ......�� 6%
On any amount in excess of
$300,000.00, up to $500,000.00 ......�� 7%
On any amount in excess of
$500,000.00, up to $700,000.00 ......�� 8%
On any amount in excess of
$700,000.00, up to $900,000.00 ......�� 9%
On any amount in excess of
$900,000.00, up to $1,100,000.00 ... 10%
On any amount in excess of
$1,100,000.00, up to $1,400,000.00. 11%
On any amount in excess of
$1,400,000.00, up to $1,700,000.00. 12%
On any amount in excess of
$1,700,000.00, up to $2,200,000.00. 13%
On any amount in excess of
$2,200,000.00, up to $2,700,000.00. 14%
On any amount in excess of
$2,700,000.00, up to $3,200,000.00. 15%
On any amount in excess of
$3,200,000.00 ............................... 16%
���� For transfers made from July
1, 1987 through June 30, 1988:
On any amount in excess of
$250,000.00, up to $300,000.00 ....... 6%
On any amount in excess of
$300,000.00, up to $500,000.00 ......� 7%
On any amount in excess of
$500,000.00, up to $700,000.00 ......� 8%
On any amount in excess of
$700,000.00, up to $900,000.00 ......� 9%
On any amount in excess of
$900,000.00, up to $1,100,000.00 ... 10%
On any amount in excess of
$1,100,000.00, up to $1,400,000.00. 11%
On any amount in excess of
$1,400,000.00, up to $1,700,000.00. 12%
On any amount in excess of
$1,700,000.00, up to $2,200,000.00. 13%
On any amount in excess of
$2,200,000.00, up to $2,700,000.00. 14%
On any amount in excess of
$2,700,000.00, up to $3,200,000.00. 15%
On any amount in excess of
$3,200,000.00 ..............................� 16%
���� For transfers made on or after
July 1, 1988 there shall be no tax imposed under this subsection.
���� b.��� (Deleted by amendment.)
���� c.��� The transfer of property
to a brother or sister of a decedent, wife or widow of a son of a decedent, or
husband or widower of a daughter of a decedent shall be taxed at the following
rates:
�� [
(1)
]
For transfers through June
30, 1988:
On any amount up to $1,100,000.00
.........................................� 11%
On any amount in excess of
$1,100,000.00, up to $1,400,000.00. 13%
On any amount in excess of
$1,400,000.00, up to $1,700,000.00. 14%
On any amount in excess of
$1,700,000.00 ............................... 16%
�� [
(2)
]
For transfers made on or after July
1, 1988:
On any amount in excess of
$25,000.00, up to $1,100,000.00 .... 11%
On any amount in excess of
$1,100,000.00, up to $1,400,000.00. 13%
On any amount in excess of
$1,400,000.00, up to $1,700,000.00. 14%
On any amount in excess of
$1,700,000.00 ............................... 16%
For transfers
made to a brother or sister of a decedent on or after January 1, 2022, there
shall be no tax imposed under this subsection
.
���� d.��� The transfer of property
to every other transferee, distributee or beneficiary not hereinbefore
classified shall be taxed at the following rates:
On any amount up to $700,000.00
............................................. 15%
On any amount in excess of
$700,000.00 .................................. 16%
���� For every purpose of this
subtitle all persons, including the decedent, shall be deemed to have been born
in lawful wedlock and this provision shall apply to the estate of every
decedent whether said decedent died before March 25, 1935, or shall die thereafter,
but it shall not entitle any person to a refund of any tax paid before the
aforementioned date.
(cf: P.L.2003, c.246, s.37)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill amends the New
Jersey transfer inheritance tax to eliminate the tax on brothers and sisters of
a decedent for transfers made on or after January 1, 2022.� Presently,
transfers to brothers and sisters of a decedent are taxed according to the rate
imposed on "Class C" beneficiaries, or at a rate of 11 to 16 percent
depending on the amount transferred, with the first $25,000 exempt from
taxation.� This bill would effectively treat transfers to a brother or sister
of a decedent on par with transfers to other immediate family members,
including the spouse, domestic partner, civil union partner, father, mother,
grandparent, or child of a decedent.