A new bill introduced in the New Jersey Legislature would expand the definition of a landlord in an already existing law that requires they provide receipts for rental payments paid in cash.
This bill, introduced by Democrats Senators Brian Stack and Sandra Cunningham would amend section 3 of P.L.2019, c.300 (C.46:8-49.2), to expand the definition of landlords required to provide a receipt for a rent cash payment made by a tenant.
According to the new definition, a landlord now includes any person who:
a) rents or leases,
b) for a term of at least one month,
c) one or more dwelling units, but not including hotels, motels, and other guest houses for transient and seasonal tenants.
According to the current law, such a receipt “shall accurately indicate the amount of the payment, the purpose of the payment, when the payment was received, the printed or typed names of both the landlord and tenant, and who accepted the payment.”
The penalty for violating will be $100, and will increase by $100 for a second violation by a landlord within a five-year period, and $200 more for each subsequent violation by a landlord within a five-year period.
The text of the new law does not specify how exactly it would be enforced.
For sure the IRS will put out a new Schedule E. Watch out for those 87,000 armed auditors who will be those forms under a microscope.
Knock, knock. Who’s there. It is I. I who? I are S.
Why, in this day and age would a landlord not provide an adequate receipt for a rent payment? Why would someone pay their rent in cash?
Both those scenarios will just get the landlord and renter in big trouble in an audit by the IRS. With this new rule and a new Schedule E for the 87,000 armed agents it’s not a good idea. If the landlord has no receipt, he can report less income, or none so he does not pay the taxes which are due. That would be considered intent to defraud the government. If he forges receipts for less than he collects, well that’s the same type of Federal crime and will cost much more than the legally owed taxes. The IRS can even seize the property and bank accounts so then you will have no way to afford to live anywhere. RL. It is no advantage for a renter to pay in cash because he can always inflate the rent he pays on his taxes because he has no record (like an accurate receipt or cashed check) to prove what he paid. The IRS has the right to examine your bank records and see what’s what. Also, the landlord must have a legitimate Certificate of Occupancy for a rental. If not, the renter must leave immediately and the landlord can be fined up to $2000 a day until which time an inspector comes and approves the CO. Play stupid games, win stupid prizes.
Ok so the only reason to require cash is to cheat. I didn’t really want to make that presumption, but I do agree with it.