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Senate Commerce Committee Statement to Senate, No. 850 (State of New Jersey, March 11, 2021)

Summary

A Senate Commerce Committee statement to Senate Bill No. 850, State of New Jersey, dated March 11, 2021. The committee reports the bill favorably. The bill prohibits tax preparation software companies from charging a fee for the electronic filing of State tax returns, and a violation is an unlawful practice under the consumer fraud act. An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. The statement says the bill is based on a 2010 New York statute.

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“Senate Commerce Committee Statement to Senate, No. 850 (State of New Jersey, March 11, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-11-scm-s850-s1-8ae4304166/, SHA-256 45741618623c821fa5955435336743d04d5072f83953395a588fc13fa475d425.

Full text

     SENATE COMMERCE COMMITTEE

                   STATEMENT TO

                  SENATE, No. 850

 STATE OF NEW JERSEY
                    DATED: MARCH 11, 2021

    The Senate Commerce Committee reports favorably Senate Bill
No. 850.
   This bill prohibits tax preparation software companies from
charging a fee for the electronic filing of State tax returns. Tax
preparation software includes any computer program intended for tax
return preparation, such as an off-the-shelf software program loaded
onto a taxpayer’s computer or an online tax preparation application.
   A violation of the bill’s provisions is an unlawful practice under
the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.). An
unlawful practice is punishable by a monetary penalty of not more
than $10,000 for a first offense and not more than $20,000 for any
subsequent offense. In addition, a violation can result in cease and
desist orders issued by the Attorney General, the assessment of
punitive damages, and the awarding of treble damages and costs to
the injured.
   The bill applies to State tax returns due on the first day of the
fourth month after the date of enactment. The bill is based on a 2010
New York statute.
    This bill was pre-filed for introduction in the 2020-2021 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.

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