"Saving Our Diners and Preserving Our Past (SODA POP) Act"; provides sales and use tax exemption and corporation business and gross income tax credits for historic diners and historic restaurants included in online registry.*
What changed between versions
Certificate issuance authority transferred: Previously the Director of Travel and Tourism directly issued both the sales tax exemption certificate and the tax credit certificate to operators. Now the Director of Travel and Tourism only notifies the Director of Taxation, who then issues both certificates. This centralizes tax administration in the Division of Taxation.
Sales tax exemption broadened: The phrase 'for on-site consumption' was removed from the sales tax exemption provision in section 2 (amending C.54:32B-3). The exemption now covers all sales of prepared food and beverages at historic diners and restaurants, not just those consumed on premises.
Partnership and S corporation flow-through rules added to the gross income tax credit (section 4): Partnerships and New Jersey S corporations cannot claim the credit directly. Instead, the credit is allocated to individual partners or shareholders in proportion to their distributive share of income, whether or not distributed.
Registry structure changed from an 'annual' registry to a single registry that is updated annually. Applications are now explicitly for 'initial inclusion, and annual renewal,' implying continuous listing rather than a new registry each year.
Bill renamed from 'Saving Our Diners and Protecting Our Past Act' to 'Saving Our Diners and Preserving Our Past (SODA POP) Act.' The word 'Protecting' was replaced with 'Preserving' and the SODA POP acronym was added.
Gender-neutral language updates throughout the sales tax section: 'his residence' changed to 'that private homeowner's or lessee's residence' and 'his services' changed to 'that individual's services.' Also corrected NAICS terminology from 'section 311, except subsector 3118' to 'subsector 311, except industry group 3118.'