S1198

An Act affording a tax credit providing corporation business tax credit and gross income tax credit for the purchase of equipment used to conduct mechanical inspections of certain motor vehicles, 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. A taxpayer who owns a private inspection facility licensed by the Chief Administrator of the Motor Vehicle Commission pursuant to section 5 of P.L.1995, c.112 (C.39:8-45) shall be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5), in an amount equal to 100% of the fair market value of equipment used directly and exclusively by the taxpayer to conduct mechanical inspections of passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27.

b. (1) To qualify for the tax credit allowed pursuant to this section, the taxpayer shall file an application for a certification from the chief administrator that the equipment purchased and installed by the taxpayer qualifies as equipment used to conduct mechanical inspections as defined by subsection i. of this section of passenger automobiles and noncommercial trucks, and is used directly and exclusively by the taxpayer in that taxpayer’s business, trade, or occupation. The certification shall specifically indicate:

(a) the date of purchase;

(b) the date of installation;

(d) an estimate of the fair market value of the equipment on August 1, 2010; and

(e) the amount paid for the purchase and installation of the equipment.

(2) The chief administrator 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 chief administrator 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 first privilege period in which a taxpayer may use a credit allowed under this section is the privilege period in which the taxpayer’s filed application is granted by the chief administrator.

d. The amount of any unused credit may be carried forward, if necessary, for use in each of the seven privilege periods following the privilege period for which the credit is allowed.

e. The order of priority of the application of the credit allowed pursuant to this section and any other credits allowed by law shall be as prescribed by the director.

f. A credit shall not be allowed pursuant to this section for the purchase and installation of equipment used to conduct mechanical inspections of motor vehicles which is included in the calculation of another credit allowed against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) for the same or a prior privilege period by the same or another taxpayer.

g. The chief administrator shall establish a tax credit pre-certification process through which a taxpayer can determine if the equipment used to conduct mechanical inspections of motor vehicles would be eligible to qualify for a credit allowed pursuant to this section. The tax credit pre-certification process established by the chief administrator may require the submission of written information describing the equipment and how it was used in the taxpayer’s private inspection facility; provided however, that obtaining pre-certification from the commissioner shall not be required to qualify for a credit allowed pursuant to this section.

h. The chief administrator, in consultation with the director, shall adopt rules and regulations in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), establishing technical specifications and certification requirements for the qualification of equipment used to conduct mechanical inspections of motor vehicles pursuant to this section. Such rules and regulations shall include examples of environmentally responsible business equipment and the procedures and forms to apply for a certification.

i. For the purposes of this act:

“fair market value” means the value of the equipment used to conduct mechanical inspections on the date of August 1, 2010 as estimated by the chief administrator; and

“mechanical inspections” means motor vehicle safety inspections conducted prior to the effective date of section 1 of P.L.2010, c.29

by a private inspection facility licensed pursuant to section 5 of P.L.1995, c.112 (C.39:8-45) that tested the mechanical functions of the passenger motor vehicle or noncommercial motor vehicle and were unrelated to the inspection of emissions and emission-related items such as emission control equipment and on-board diagnostics.

2. a. A taxpayer who owns a private inspection facility licensed by the Chief Administrator of the Motor Vehicle Commission pursuant to section 5 of P.L.1995, c.112 (C.39:8-45) 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 100% of the fair market value of equipment used directly and exclusively by the taxpayer to conduct mechanical inspections of passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27.

(a) the date of purchase;

(b) the date of installation;

(d) an estimate of the fair market value of the equipment on August 1, 2010; and

(e) the amount paid for the purchase and installation of the equipment.

(2) The chief administrator shall have 90 days from the date of receipt of a complete application to make a determination as to the issuance of a certification.

d. The amount of any unused credit may be carried forward, if necessary, for use in each of the seven privilege periods following the privilege period for which the credit is allowed.

e. The order of priority of the application of the credit allowed pursuant to this section and any other credits allowed by law shall be as prescribed by the director.

g. The chief administrator shall establish a tax credit pre-certification process through which a taxpayer can determine if equipment used to conduct mechanical inspections of motor vehicles would be eligible to qualify for a credit allowed pursuant to this section. The tax credit pre-certification process established by the chief administrator may require the submission of written information describing the equipment to be purchased and how it was used in the taxpayer’s private inspection facility; provided however, that obtaining pre-certification from the commissioner shall not be required to qualify for a credit allowed pursuant to this section.

i. For the purposes of this act:

“fair market value” means the value of the equipment used to conduct mechanical inspections on the date of August 1, 2010 as estimated by the chief administrator; and

“mechanical inspections” means motor vehicle safety inspections conducted prior to the effective date of section 1 of P.L.2010, c.29

3. This act shall take effect immediately and apply to amounts paid in privilege periods and taxable years beginning on or after the date of enactment.

STATEMENT

This bill provides a tax credit under the corporation business tax and the gross income tax to the owners of private motor vehicle inspection facilities for the fair market value of equipment used by private facilities to conduct certain motor vehicle safety inspections. Prior to August 1, 2010, private inspection facilities conducted mechanical safety inspections of passenger automobiles and noncommercial truck inspections. An amendment to the law changed safety inspection protocol by eliminating mechanical inspections and limiting inspections to emissions and emission-related items such as emission control equipment and on-board diagnostics. This bill provides a tax credit to private inspection facilities for the estimated fair market value of any equipment as of August 1, 2010 that was used by these private facilities directly and exclusively to conduct mechanical inspections.

Under the bill, a taxpayer is eligible to elect to claim a credit in an amount equal to 100 percent of the fair market value of equipment used directly and exclusively by the taxpayer prior to August 1, 2010 to conduct mechanical inspections of passenger automobiles and noncommercial trucks. The bill provides that a taxpayer must first qualify for a credit in order to be eligible to claim a credit. To qualify, a taxpayer must file an application with the Chief Administrator of the Motor Vehicle Commission who is responsible for issuing a certification denoting that the equipment purchased and installed by the taxpayer qualifies as equipment used to conduct mechanical inspections of passenger automobiles and noncommercial trucks.

The bill provides that the chief administrator has 90 days after the receipt of a complete application from a taxpayer to make a determination as to the issuance of a certification. If the application submitted by a taxpayer is certified, the director must submit the certification to the Director of the Division of Taxation in the Department of the Treasury and to the taxpayer. That certification may then be used by the taxpayer in filing a tax return that includes a claim for the credit.

The bill provides that the first privilege period or taxable year in which a taxpayer may use the credit is the privilege period or taxable year in which the certification is granted. The bill also provides that the amount of any unused credit may be carried forward, if necessary, to each of the seven privilege periods or taxable years following the period or year in which the credit is first allowed, but stipulates that a credit is not allowed if the environmentally responsible business equipment is used to secure another credit in the same or prior period or year by the same or another taxpayer.

Additionally, the bill requires the chief administrator to establish a pre-certification process through which a taxpayer can determine if an expected purchase of equipment to be used to conduct mechanical inspections would be eligible to qualify for a credit, and to develop rules and regulations, in consultation with the Director of the Division of Taxation in the Department of Treasury, establishing technical specifications and certification requirements for the qualification of such equipment. The bill specifies that the pre-certification established by the commissioner may require the submission of certain written information describing the equipment to be purchased and how it is intended to be used or consumed, but that obtaining pre-certification from the commissioner is not required to qualify for a credit.