New Jersey Statutes Title 54A. New Jersey Gross Income Tax Act 54A § 5-1.2a

a. Notwithstanding section 26 of P.L.2004, c. 65 (C.54A:5-1.2), for purposes of calculating the depreciation deduction allowed under the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq., a taxpayer shall be allowed to depreciate a percentage of eligible property expenditures, as that percentage is determined and computed pursuant to subsection b. of this section, over a 10-year period.

b. For purposes of calculating the percentage of eligible property expenditures depreciated by a taxpayer pursuant to subsection a. of this section, the taxpayer shall apply the following formula: 2 x (the number of affordable housing units in the development / the total number of housing units in the development).

c. The Director of the Division of Taxation in the Department of the Treasury shall prescribe the rules and regulations necessary to carry out the provisions of this section.

d. As used in this section:

“Affordable housing” means housing occupied or restricted to occupancy by households with income no greater than 80 percent of the regional median income, including, but not limited to, housing that is deed restricted as affordable pursuant to the “Fair Housing Act,” P.L.1985, c. 222 (C.52:27D-301 et al.).

“Affordable housing development” means a development:

for which construction commences on or after the effective date of P.L.2024, c. 1 (C.54:10A-4.17) et al.;

for which taxes are not abated or exempted pursuant to the terms of a financial agreement under the “Long Term Tax Exemption Law,” P.L.1991, c. 431 (C.40A:20-1 et seq.) or does not receive an affordable housing subsidy for the construction of low- and moderate-income housing;  and

that includes one or more units of housing, at least 20 percent of which qualify as affordable housing.

“Affordable housing subsidy” means any financing that is intended to support the development of affordable housing and is provided by the Department of Community Affairs, the New Jersey Housing and Mortgage Finance Agency, or a municipal affordable housing trust fund, except that the term shall not include any rebates or incentives that are intended to promote energy efficiency standards.

“Eligible property expenditures” means capital expenditures incurred by the taxpayer in connection with the construction of a new affordable housing development owned by the taxpayer.