New Jersey Statutes Annotated (Tax)
N.J.S.A. § 54:4-1
Property subject to taxation
54:4-1. All property real and personal within the jurisdiction of this State not expressly exempted from taxation or expressly excluded from the operation of this chapter shall be subject to taxation annually under this chapter. Such property shall be valued and assessed at the taxable value prescribed by law. Land in agricultural or horticultural use which is being taxed under the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), shall be valued and assessed as provided by that act. An executory contract for the sale of land, under which the vendee is entitled to or does take possession thereof, shall be deemed, for the purpose of this act, a mortgage of said land for the unpaid balance of purchase price. Personal property taxable under this chapter shall include, however, only the machinery, apparatus or equipment of a petroleum refinery that is directly used to manufacture petroleum products from crude oil in any of the series of petroleum refining processes commencing with the introduction of crude oil and ending with refined petroleum products, but shall exclude items of machinery, apparatus or equipment which are located on the grounds of a petroleum refinery but which are not directly used to refine crude oil into petroleum products and the tangible goods and chattels, exclusive of inventories, used in business of local exchange telephone, telegraph and messenger systems, companies, corporations or associations that were subject to tax as of April 1, 1997 under P.L.1940, c.4 (C.54:30A-16 et seq.) as amended, and shall not include any intangible personal property whatsoever whether or not such personalty is evidenced by a tangible or intangible chose in action except as otherwise provided by R.S.54:4-20. As used in this section, "local exchange telephone company" means a telecommunications carrier providing dial tone and access to 51% of a local telephone exchange. Property omitted from any assessment may be assessed by the county board of taxation, or otherwise, within such time and in such manner as shall be provided by law. Real property taxable under this chapter means all land and improvements thereon and includes personal property affixed to the real property or an appurtenance thereto, unless:
a.
# (1)
The personal property so affixed can be removed or severed without material injury to the real property;
# (2)
The personal property so affixed can be removed or severed without material injury to the personal property itself; and
(3) The personal property so affixed is not ordinarily intended to be affixed permanently to real property; or
b. The personal property so affixed is machinery, apparatus, or equipment used or held for use in business and is neither a structure nor machinery, apparatus or equipment the primary purpose of which is to enable a structure to support, shelter, contain, enclose or house persons or property. For purposes of this subsection, real property shall include pipe racks, and piping and electrical wiring up to the point of connections with the machinery, apparatus, or equipment of a production process as defined in this section.
c. (Deleted by amendment, P.L.2004, c.42).
Real property, as defined herein, shall not be construed to affect any transaction or security interest provided for under the provisions of chapter 9 of Title 12A of the New Jersey Statutes (N.J.S.12A:9-101 et seq.). The provisions of this section shall not be construed to repeal or in any way alter any exemption from, or any exception to, real property taxation or any definition of personal property otherwise provided by statutory law.
The Director of the Division of Taxation in the Department of the Treasury may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be deemed necessary to implement and administer the provisions of this act.
Amended 1942, c.281, s.1; 1943, c.120, s.1; 1945, c.163, s.1; 1946, c.159; 1946, c.242, s.1; 1947, c.413, s.14; 1960, c.51, s.23; 1962, c.238; 1965, c.62, s.1; 1966, c.138, s.1; 1986, c.117, s.1; 1989, c.2, s.4; 1992, c.24, s.3; 1997, c.162, s.60; 2001, c.438; 2004, c.42, s.13.
Source: view the official text
In this chapter (40 sections)
- 54:4-1 · Property subject to taxation
- 54:4-1.1. · Pending litigation unaffected; effect on existing…
- 54:4-1.10. · Tax exempt real property; activity conducted for profit;…
- 54:4-1.11. · Procedures for administration of tax
- 54:4-1.12. · Storage tank deemed real property
- 54:4-1.13. · Short title
- 54:4-1.14. · Findings, declarations
- 54:4-1.15. · Definitions
- 54:4-1.16. · Schedule for reducing assessment
- 54:4-1.17 · Construction of 1997 utility tax act
- 54:4-1.18 · Definitions relative to taxation of recreational vehicles
- 54:4-1.19 · Exemption from taxation as real property for certain…
- 54:4-1.2. · Short title
- 54:4-1.20 · Outdoor advertising sign, structure deemed real property
- 54:4-1.3. · Legislative findings and determinations
- 54:4-1.4. · Definitions
- 54:4-1.5. · Manufactured homes subject to taxation as real property
- 54:4-1.6. · Municipal service fee; ordinance; imposition on…
- 54:4-1.7. · Sales tax; imposition on manufacturer's invoice price of…
- 54:4-1.8. · Trailers; inapplicability of act
- 54:4-1.9. · Transfer inheritance and estate tax; application to…
- 54:4-2. · Taxation of property of corporations
- 54:4-2.10. · Anticipation of taxes to be collected from leasehold…
- 54:4-2.11. · Leasehold estates existing October 1, 1949
- 54:4-2.12 · Application of act, exemptions
- 54:4-2.13. · Effective date
- 54:4-2.25. · Standard of value for assessment of real property; taxable…
- 54:4-2.26. · Percentage level of taxable value; limits
- 54:4-2.27. · Time for establishment of percentage level of taxable…
- 54:4-2.2a. · State property defined
- 54:4-2.2b. · State property; assessment and subjection to in lieu tax…
- 54:4-2.2c. · Statements of taxable value
- 54:4-2.2d. · Review and revision of list and assessment by director;…
- 54:4-2.2e. · State's liability for in lieu tax payments; computation;…
- 54:4-2.2e1. · Adjustments to in lieu of tax payment
- 54:4-2.2f. · Certification of amount of liability
- 54:4-2.2g. · Annual appropriation; inclusion in budget
- 54:4-2.2h. · Anticipation by municipalities in preparation of annual…
- 54:4-2.2i. · Payment; dates
- 54:4-2.2j. · Appropriation lower than amount necessary for full…