
New Jersey's nonprofit hospitals have long been exempt from property tax. However, in 2015, a court case threatened this status. The court ruled that Morristown Medical Center was liable for property taxes from 2006 to 2008, as it did not meet the legal definition of a charitable organization due to its mix of for-profit and nonprofit activities. This ruling sparked a wave of litigation against nonprofit hospitals across the state, prompting legislators to take action. In 2021, Governor Phil Murphy signed a law that reinstated the property tax exemption for nonprofit hospitals, but with a new condition: these hospitals must now pay annual community service contributions to offset the costs of municipal services they utilize.
| Characteristics | Values |
|---|---|
| Are hospitals tax-exempt in New Jersey? | Non-profit hospitals in New Jersey are exempt from property tax. |
| What about for-profit hospitals? | For-profit hospitals are not tax-exempt and must pay property tax. |
| What criteria must non-profit hospitals meet to be tax-exempt? | To be tax-exempt, a non-profit hospital must be organized exclusively for charitable purposes and not for profit. |
| Are there any costs associated with tax exemption for non-profit hospitals? | Yes, non-profit hospitals must pay annual community service contributions to offset the costs of municipal services they utilize. |
| How much is the annual community service contribution? | The contribution is $3 per day for each licensed bed at the hospital in the prior tax year, with a 2% increase each year. |
| Are there any exemptions from the annual community service contribution? | Yes, hospitals that did not bill patients for professional services and provided community benefits averaging at least 12% of total expenses in the previous three years are exempt. |
| Have there been any legal challenges regarding hospital tax exemptions in New Jersey? | Yes, there have been court cases and legislative debates surrounding the tax-exempt status of hospitals, resulting in efforts to clarify and modify exemption criteria. |
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What You'll Learn

Morristown Medical Center loses property tax exemption
In 2015, Morristown Medical Center lost its property tax exemption after a property tax court case. The judge concluded that the hospital did not meet the requirements for non-profit status, as its activities were conducted for profit. This decision had wider implications, with municipalities challenging the tax-exempt status of at least 35 other non-profit hospitals across New Jersey.
Morristown Medical Center is a nationally ranked, non-profit, acute-care teaching hospital owned by Atlantic Health System, a non-profit organisation. The hospital provides essential services to the community, including charity care, Medicare services, training for future physicians, and operations at the Goryeb Children's Hospital. The hospital's campus spans 1.1 million square feet across 40 acres, and it is Morristown's most significant employer, with approximately 5,500 employees.
The hospital had argued that it was exempt from property taxes due to its non-profit status and the community services it provided. However, the judge ruled that the hospital's non-profit and for-profit activities were significantly commingled, resulting in substantial benefits for the for-profit entities. The hospital's compensation structure was also deemed unreasonable, with the judge noting that modern non-profit hospitals have evolved far from their charitable roots.
Following the court case, a settlement was reached between Atlantic Health System and the Town of Morristown, with the hospital agreeing to pay $15.5 million in back taxes and penalties, plus annual property taxes on 24% of its property from 2016 to 2025. This decision highlighted the changing landscape of non-profit hospital organisations and their relationships with their tax-exempt status and the communities they serve. It also raised questions about the criteria for property tax exemption and the ability of non-profit hospitals to provide community services while facing additional financial burdens.
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New Jersey's Property Tax Exemption Framework
The New Jersey State Constitution protects property tax exemptions for property used exclusively for religious, educational, charitable, or cemetery purposes. This exemption applies to property owned by a charitable organization and used solely for charitable purposes. The statute also allows for a prorated property tax exemption if a portion of the property is used for a non-exempt purpose.
In addition, the 1966 law exempted several other types of properties, including those owned by medical service corporations, dental service corporations, or the New Jersey School Boards Association. It also exempted properties occupied by district superintendents of religious organizations.
Over the years, there have been numerous court cases in which tax exemptions for non-profit organizations have been challenged by local governments seeking to generate revenue. This has led to legislative efforts to protect non-profits from arbitrary tax exemption challenges by third parties.
It's important to note that the property tax exemption framework in New Jersey is subject to legislative amendments and repeals, with certain specified exemptions protected from such changes.
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Non-profit hospitals' property tax exemption
Non-profit hospitals are exempt from federal, state, and local taxes. This includes exemption from federal and state corporate income taxes, state and local sales taxes, and local property taxes. The requirements for tax exemption for charitable hospitals are outlined in Section 501(c)(3) of the Internal Revenue Service (IRS) code. To qualify for tax exemption, hospitals must meet both an organizational test and an operational test.
One of the original requirements for tax exemption was the provision of patient care without charge or at rates below cost. Although this is no longer mandatory, it is still considered a significant factor in determining whether a hospital is operated for the benefit of the community. Other factors that weigh in favor of tax exemption include operating a full-time emergency room open to everyone, regardless of their ability to pay, and providing financial assistance to those unable to pay.
The value of tax exemption for non-profit hospitals has been a subject of interest for policymakers, who question whether these hospitals provide sufficient benefit to their communities to justify their exemption. One study estimated that the value of tax exemption exceeded the value of community benefits for about 19% of non-profit hospitals during 2011-2018, and for about 39% when considering the incremental value of community benefits relative to for-profit facilities. The estimated value of tax exemption for non-profit hospitals increased from about $19 billion in 2011 to about $28 billion in 2020, representing a 45% increase.
The rising value of tax exemption means that governments are forgoing increasing amounts of revenue to provide tax benefits to non-profit hospitals. This has led to discussions about the potential variation in the value of tax exemption across individual non-profit hospitals and whether the tax exemption is proportional to the community benefits provided.
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New Jersey's new law on property tax exemption for nonprofit hospitals
New Jersey Gov. Phil Murphy signed into law legislation that restores property tax exemptions for nonprofit hospitals and satellite emergency care facilities. This change, effective from the tax year 2021, addresses a 2015 New Jersey Tax Court decision, which found a tax-exempt nonprofit corporation liable for property taxes.
The new law requires New Jersey nonprofit hospitals to make a community service contribution to the municipalities in which they operate. The annual community service contribution for hospitals will be "$3 a day for each licensed bed at the hospital in the prior tax year." For satellite emergency care facilities, the contribution is set at "$300 for each day in the prior tax year." These contributions will increase by 2% each year.
Hospitals may be exempt from making annual contributions if they meet certain criteria. These criteria include not billing any patients for professional or technical services rendered and providing community benefits that average at least 12% of the hospital's total expenses over the preceding three years.
Additionally, facilities may offset required contributions by any amounts paid to municipalities under voluntary agreements. This law reinforces New Jersey's commitment to supporting nonprofit organizations that serve the community while ensuring that these entities contribute to the local economy through their community service contributions.
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Community service contributions for hospitals
Hospitals in New Jersey provide a range of community services and contributions, particularly through the New Jersey Hospital Care Payment Assistance Program, also known as Charity Care. This program offers financial assistance for inpatient and outpatient services at acute care hospitals across the state. Charity Care is available for individuals who meet specific income and asset criteria, with eligibility determined by the hospital providing medical services.
Charity Care ensures that eligible individuals receive medically necessary services at a reduced cost or fully covered. The program operates on a sliding income scale, where the percentage of charges a hospital can impose ranges from 20% to 80%. For instance, if an individual's annual gross income is above 200% of the Federal Poverty Level (FPL) but does not exceed 300%, Charity Care will cover a portion of the bill, adjusted based on the Medicare rate.
In certain circumstances, Charity Care coverage may extend to individuals with incomes over 300% of FPL. If an individual's medical expenses exceed 30% of their family's annual income, and they meet the Charity Care asset limit, the amount above 30% will be fully covered by the program. Additionally, New Jersey hospitals contribute to the Catastrophic Illness in Children Relief Fund, which assists children with substantial medical bills that are not covered by insurance.
The Charity Care program demonstrates the commitment of New Jersey hospitals to providing community service and ensuring access to healthcare for individuals facing financial challenges. By offering discounted or free medical services, these hospitals positively impact the health and well-being of underserved communities. This initiative is particularly crucial in ensuring that low-income individuals and families can receive the necessary medical care without being burdened by excessive costs.
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Frequently asked questions
No, hospitals in New Jersey are not exempt from all taxes. They are, however, exempt from property taxes if they are non-profit organisations.
To be exempt from property tax, an organisation must show that it is organised exclusively for a charitable purpose, its property is used for such a purpose, and its use and operation of the property is not for profit.
Yes, hospitals that are exempt from property tax are assessed an annual "community service contribution" to the municipality in which they are located. This contribution is $3 per day for each licensed bed at the hospital in the prior tax year, increasing by 2% each year.
Yes, if any portion of a hospital is leased to a profit-making organisation or used for non-exempt purposes, it is subject to property tax.











































