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Tuesday, July 3, 2012

Not Taxable: Reimbursed Governmental Sick Leave Benefits

A New Jersey appellate court ruled that workers' compensation benefits to a NJ governmental entity for the payment of sick leave benefits are not subject to the NJ State Gross Income Tax.

The Director of the Division of Taxation argued that the benefits were paid pursuant to a collective bargaining agreement and therefore were considered taxable wages. The court rejected that argument.

Where a municipality paid an injured worker sick leave Injury (SLI) program benefits, pursuant to a collective bargaining agreement, that portion of the benefit which was reimbursed as workers' compensation by the employee to governmental agency, is not subject to state income tax.

Sa v. Director, Division of Taxation, 2012 WL 2515276 (N.J.Tax), Decided June 29, 2012.
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.