Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey Estate Taxes May See Reform

Author: Scarinci Hollenbeck, LLC

Date: March 12, 2015

Key Contacts

Back

New Jersey estate taxes may see cuts in the upcoming year. Currently, the Garden State is 1 of 2 states that taxes both the estate of the deceased and also its heirs.

As a result of this policy of double taxation, New Jersey’s tax treatment of those who pass away has generated substantial visibility, according to NJ.com.

New Jersey Estate tax policy

While New Jersey levies both an estate tax and an inheritance task, its estate tax exclusion is also the least of any state in the U.S. at $675,000. This figure compares to the federal exemption, which rose to $5.43 million in 2015.

In addition, New Jersey counts real estate, cash, life insurance benefits, retirement accounts and other assets when determining the value of one’s estate, according to The Asbury Park Press NJ.

The inheritance tax applies to any transfers to the decedent’s siblings – or their children’s spouses – that are worth $25,000 or more, the media outlet reported. In addition, the levy, which has a rate between 11 and 16 percent, applies to any transfers of $500 or more to friends or other relatives.

Taxpayer challenges

Industry participants and policy analysts have brought up multiple challenges that stem from New Jersey’s current treatment of its residents’ estates. Currently, the Garden State’s low estate tax exclusion results in the jurisdiction exempting the lowest number of taxpayers from facing this burden, according to The Asbury Park Press NJ.

Because the exemption is so low, many consider the estate tax an afterthought and are surprised when they have to pay it, Tedd Vitale, a certified public accountant in Spring Lake Heights, told the news source.

Those who oppose the current estate tax policy emphasize that because the state’s average home value is $296,000, having one’s estate reach a value of $675,000 is not a difficult task, according to NJ.com. Gov. Chris Christie emphasized how this policy affects middle-class families.

“For people who own a house in New Jersey, if they just own their house free and clear and have a little bit of retirement income leftover – and remember what happens here, once you get to $675,000 and $1, the tax isn’t on the $1. It’s on the $675,” Christie said. “This affects most middle class families in New Jersey who own their own home.”

Proposed reform

Amid this situation, lawmakers have floated several different proposals that would change how the state treats estate taxes, according to The Asbury Park Press NJ. One state lawmaker who supports the change is state Sen. Steven Oroho, (R-Sussex, Warren, Morris), a certified financial planner.

“It actually chases income out of the state of New Jersey,” Oroho told the news source. “Quite frankly, people know right away, financial planners and estate attorneys, they almost feel like they have a duty to tell their clients: Here’s what it costs in New Jersey, and here’s what it costs elsewhere.”

Tradeoffs

As New Jersey state lawmakers consider where they will get the money to pay for any change in estate tax policy, many are considering hiking the gas tax, according to NJ.com. Currently, the Garden State has the second-lowest gasoline tax in the nation, totalling 14.5 cents per gallon.

Lawmakers on both sides of the political spectrum will have to work together if they want to hike the gasoline tax, State Assembly Speaker Vincent Prieto (D-Hudson) told the news source.

If New Jersey officials do find a way to change estate tax policy, such a move could have a major impact on residents of the Gardent State, as many are moving to other states to retire because “they simply can’t afford to die here,” Assemblyman Anthony Bucco (R-Morris) told the media outlet.

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
    Novation Agreement Process: Step-by-Step Guide for Businesses post image

    Novation Agreement Process: Step-by-Step Guide for Businesses

    Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

    Author: Dan Brecher

    Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
    What Is a Trade Secret? Key Elements and Legal Protections Explained post image

    What Is a Trade Secret? Key Elements and Legal Protections Explained

    What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

    Author: Ronald S. Bienstock

    Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
    What Is Title Insurance? Safeguarding Against Title Defects post image

    What Is Title Insurance? Safeguarding Against Title Defects

    If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

    Author: Patrick T. Conlon

    Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    New Jersey Estate Taxes May See Reform

    Author: Scarinci Hollenbeck, LLC

    New Jersey estate taxes may see cuts in the upcoming year. Currently, the Garden State is 1 of 2 states that taxes both the estate of the deceased and also its heirs.

    As a result of this policy of double taxation, New Jersey’s tax treatment of those who pass away has generated substantial visibility, according to NJ.com.

    New Jersey Estate tax policy

    While New Jersey levies both an estate tax and an inheritance task, its estate tax exclusion is also the least of any state in the U.S. at $675,000. This figure compares to the federal exemption, which rose to $5.43 million in 2015.

    In addition, New Jersey counts real estate, cash, life insurance benefits, retirement accounts and other assets when determining the value of one’s estate, according to The Asbury Park Press NJ.

    The inheritance tax applies to any transfers to the decedent’s siblings – or their children’s spouses – that are worth $25,000 or more, the media outlet reported. In addition, the levy, which has a rate between 11 and 16 percent, applies to any transfers of $500 or more to friends or other relatives.

    Taxpayer challenges

    Industry participants and policy analysts have brought up multiple challenges that stem from New Jersey’s current treatment of its residents’ estates. Currently, the Garden State’s low estate tax exclusion results in the jurisdiction exempting the lowest number of taxpayers from facing this burden, according to The Asbury Park Press NJ.

    Because the exemption is so low, many consider the estate tax an afterthought and are surprised when they have to pay it, Tedd Vitale, a certified public accountant in Spring Lake Heights, told the news source.

    Those who oppose the current estate tax policy emphasize that because the state’s average home value is $296,000, having one’s estate reach a value of $675,000 is not a difficult task, according to NJ.com. Gov. Chris Christie emphasized how this policy affects middle-class families.

    “For people who own a house in New Jersey, if they just own their house free and clear and have a little bit of retirement income leftover – and remember what happens here, once you get to $675,000 and $1, the tax isn’t on the $1. It’s on the $675,” Christie said. “This affects most middle class families in New Jersey who own their own home.”

    Proposed reform

    Amid this situation, lawmakers have floated several different proposals that would change how the state treats estate taxes, according to The Asbury Park Press NJ. One state lawmaker who supports the change is state Sen. Steven Oroho, (R-Sussex, Warren, Morris), a certified financial planner.

    “It actually chases income out of the state of New Jersey,” Oroho told the news source. “Quite frankly, people know right away, financial planners and estate attorneys, they almost feel like they have a duty to tell their clients: Here’s what it costs in New Jersey, and here’s what it costs elsewhere.”

    Tradeoffs

    As New Jersey state lawmakers consider where they will get the money to pay for any change in estate tax policy, many are considering hiking the gas tax, according to NJ.com. Currently, the Garden State has the second-lowest gasoline tax in the nation, totalling 14.5 cents per gallon.

    Lawmakers on both sides of the political spectrum will have to work together if they want to hike the gasoline tax, State Assembly Speaker Vincent Prieto (D-Hudson) told the news source.

    If New Jersey officials do find a way to change estate tax policy, such a move could have a major impact on residents of the Gardent State, as many are moving to other states to retire because “they simply can’t afford to die here,” Assemblyman Anthony Bucco (R-Morris) told the media outlet.

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: