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

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated March 11, 2021, reports favorably Senate Bill No. 850. The bill bars tax preparation software companies from charging a fee for the electronic filing of State tax returns, covering off-the-shelf programs and online applications. A violation is an unlawful practice under the consumer fraud act, punishable by not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. The bill applies to State returns due on the first day of the fourth month after enactment, and the statement says it is based on a 2010 New York statute.

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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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