
Donald M. Pepe
Partner
732-568-8370 dpepe@sh-law.comClient Alert
Author: Donald M. Pepe
Date: December 1, 2025

Partner
732-568-8370 dpepe@sh-law.com
New Jersey developers and contractors may now benefit from the NJ sales tax exemption for contractors under a new law designed to support the construction and improvement of affordable housing projects. P.L. 2024, c.3 (effective May 1, 2024) expands an existing sales tax exemption to include contractors working for “housing sponsors engaged in affordable housing projects” — provided the units are intended for occupants with moderate, low, or very low incomes under the state’s Fair Housing Act.
New Jersey allows contractors to purchase materials, supplies, and particular services without paying sales tax when those items are used exclusively to improve, build, alter, or repair real property owned by an eligible entity.
Historically, the Sales and Use Tax Exemption for Contractor Purchases applied to contractors working for:
In 2024, New Jersey expanded the exemption to include specific affordable-housing projects, which can provide significant cost savings for builders in the housing sector. Under the new law, if a contractor is doing work on a qualifying affordable-housing project, purchases of building materials, supplies, and applicable services for that project can be exempt, resulting in sizable savings that go directly to the bottom line.
Under P.L. 2024, c. 3, contractors working on approved affordable-housing projects may now purchase qualifying materials tax-free. This applies when:
To obtain the sales tax exemption, the contractor must present a fully completed Form ST-13 (Contractor’s Exempt Purchase Certificate) to the supplier at the time of purchase. If not, the supplier must collect tax.
Contractors using the NJ sales tax exemption for contractors must also ensure that Form ST-13 is accurately completed and retained as part of their project documentation.
Contractors working on affordable-housing projects under the new law must keep a copy of the Form ST-13 that they provide to suppliers — and if they buy from out-of-state sellers who don’t collect New Jersey sales tax, the contractor should still keep the completed ST-13 as proof the purchase qualified for the exemption. The qualified “housing sponsor” (i.e., owner/developer) must maintain documentation proving that all units in the project are intended for low/moderate/very-low income occupants, per the “Fair Housing Act.” This documentation must be available if requested by the New Jersey Division of Taxation.
Qualifying purchases under the contractor exemption generally include:
The following do not qualify:
Contractors should also be mindful of the following requirements and limitations:
Scarinci Hollenbeck is well-versed in the nuances of the exemption and the many other incentives available to New Jersey developers, contractors, and other businesses involved in real estate development. We encourage you to contact a member of our Commercial Real Estate practice to learn how we can help.
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