New Jersey Governor Phil Murphy’s proposed flip-flop, which reneges on his promise to allow the state’s 2.5% corporate business tax surtax to expire, has now passed both the New Jersey State Assembly and Senate and been signed by the governor. As a result, New Jersey will once again have the highest corporate income tax rate in the nation at 11.5%. The surtax will now apply to corporate taxpayers with “allocated taxable net income in excess of” $10 million a year, and it applies to tax years beginning in 2024. The legislation would allow the tax to expire after 2028 – but as surtax payers know, any expiration date is subject to extension.