The fix is simple, adjust the $500 minimum requirement (in 1964 dollars) for inflation, and ensure it adjusts for inflation every year going forward. $500 was a significant sum … in 1964 when the original law was passed. Had the original law adjusted for inflation, which it should have, the limit would be around $3,500 today. Since it didn’t, it is no longer a limit, it’s now a simple loophole. This new limit will have absolutely no impact on any real farmers.
From the Record:
‘Fake farmers’ get property tax break
Some New Jersey corporations, developers — and even a few politicians — get a tax break for growing as little as $500 worth of crops such as Christmas trees, using a law that critics say means higher property taxes for everyone else.
So-called “fake farmers” were faulted for taking advantage of a farmland tax break at a Senate Environment and Energy Committee hearing Thursday where lawmakers discussed doubling the minimum sales needed to qualify for the state’s farmland assessment.
“Time and again, we hear stories of this program being abused by owners of large, valuable residential properties to avoid paying their full property tax bill,” said Sen. Jennifer Beck, R-Monmouth.
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The farmland assessment dates back to the 1960s, and was designed to help struggling farmers while also discouraging the development of open space in a state known for its high real estate prices.But opponents now see the tax break as outdated, and something many wealthy landowners are abusing to avoid paying their full property tax bills. The average property tax bill in New Jersey averaged a record-high $7,576 last year, but bills easily top $25,000 on larger properties.
Beck is sponsoring legislation that would double to $1,000 the minimum gross sales required to qualify for the farmland assessment, which sharply reduces how much property taxes are due on the part of a property that is used for agriculture.
The bill would also compel landowners who claim their property as farmland to submit clear evidence of agricultural sales or income to the state Division of Taxation. And local tax assessors would have to receive training on farmland assessments.
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Jeff Tittel, executive director of the New Jersey Sierra Club, cited an example of a 5-acre lot — the minimum allowed to qualify for the assessment — with an expensive home that uses only a fraction of the property to cultivate enough Christmas trees to qualify for the tax break.
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No votes were taken on Beck’s bill Thursday, and it may not make it out of the Legislature before the current lame duck session ends early next year. But Beck, who’s been pressing the issue since she took office in 2008, pledged to keep pushing.“It is time to close this ‘fake farmer’ loophole and ensure that only true farmers who produce substantial agricultural output be eligible for the program,” she said.