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NJ Realty Transfer Fee Information


Information is believed to be accurate but not guaranteed.
Official realty transfer taxes and income taxes, exemptions, etc. are determined by the county recording officer at the time of deed recording. For additional information contact the NJ Division of Taxation at 609-292-6400. With frequent changes to the laws, Probe Lawyers Service is not responsible for inaccurace or outdated information contained in this website.


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The Realty Transfer Tax & Recent Legislation

New Jersey State Treasurer John E. McCormac announced on July 22, 2004 that Assembly Bill No. 3115 (Chapter 66, P.L. 2004) and Assembly Bill No. 3128 (Chapter 55, P.L. 2004), amending the Realty Transfer Fee statute, were signed into law recently. Chapter 66 has increased the Realty Transfer Fee rates and applies to recordation of deeds reflecting New Jersey real property transfers. Chapter 55 requires the filing of estimated Gross Income Tax on the transfer of real property by non-residents of the State as a condition to recording. Chapter 55 is effective on August 1, 2004. Chapter 66 is effective immediately, but applies to deeds evidencing transfers of real property that occur on or after August 1, 2004 (that is, deeds dated on or after August 1, 2004).

For all three fees/taxes, the date of the deed is operative. This means that the new fees and procedures/forms apply to all deeds dated on or after August 1, 2004. If no deed date appears on the deed, the date used to implement the new rates and procedures will be the date of recording.

According to the posted information, an adjustment period of 60 days (until October 1, 2004) will be observed by the County Clerks/Registers. During this time period, both the “old” and the “new” fees/procedures will be followed depending upon the date of the deed. Thus, for deeds dated prior to August 1, the “old” rates and procedures will apply; for deeds dated on and after August 1, the “new” rates and procedures will apply. On and after October 1, 2004, only the “new” rates and procedures will apply.

For more specific information on the Non-Resident estimated gross income tax, click here.

Proceeds from the Realty Transfer Fee provide support for the Public Health Priority Fund, shore protection initiatives, housing programs, extraordinary special education and municipal aid, and direct aid to New Jersey counties.

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Regular Fees - No Exemptions

    Transfers where the consideration does not exceed $350,000:

  • $2.00 per $500 or fraction thereof of consideration not in excess of $150,000
  • $3.35 per $500 or fraction thereof of consideration in excess of $150,000 but not in excess of $200,000
  • $3.90 per $500 or fraction thereof of consideration in excess of $200,000 but not in excess of $350,000.
Example Calculation: Consideration of $250,000
  • $2.00 per $500 up to $150,000
$600.00
  • $3.35 per $500 over $150,000 up to $200,000
$335.00
  • $3.90 per $500 over $200,000 up to $350,000
$390.00
Total Transfer Fee Due:
$1,325.00

    Transfers where the consideration exceeds $350,000:

  • $2.90 per $500 or fraction thereof of consideration not in excess of $150,000
  • $4.25 per $500 or fraction thereof of consideration in excess of $150,000 but not in excess of $200,000
  • $4.80 per $500 or fraction thereof of consideration in excess of $200,000 but not in excess of $550,000.
  • $5.30 per $500 or fraction thereof of consideration in excess of $550,000 but not in excess of $850,000.
  • $5.80 per $500 or fraction thereof of consideration in excess of $850,000 but not in excess of $1,000,000.
  • $6.05 per $500 or fraction thereof of consideration in excess of $1,000,000.
Example Calculation: Consideration of $600,000.00
  • $2.90 per $500 up to $150,000
$870.00
  • $4.25 per $500 over $150,000 up to $200,000
$425.00
  • $4.80 per $500 over $200,000 up to $550,000
$3360.00
  • $5.30 per $500 over $550,000 up to $850,000
$530.00
Total Transfer Fee Due:
$5,185.00

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Senior Citizen, Blind, Disabled, Low & Moderate Incoming Housing

Transfers where the consideration does not exceed $350,000:

  • $.50 per $500 or fraction thereof of consideration up to $150,000
  • $1.25 per $500 or fraction thereof of consideration over $150,000
Example Calculation: Consideration of $250,000
$.50 per $500 up to $150,000 $150
$1.25 per $500 over $150,000 $250
Total Transfer Fee Due:
$400

Transfers where the consideration exceeds $350,000:

  • $1.40 per $500 or fraction thereof of consideration up to $150,000
  • $2.15 per $500 or fraction thereof of consideration in greater than $150,000 but not exceeding $550,000
  • $2.65 per $500 or fraction thereof of consideration in greater than $550,000 but not exceeding $850,000
  • $3.15 per $500 or fraction thereof of consideration in greater than $850,000 but not exceeding $1,000,000
  • $3.40 per $500 or fraction thereof of consideration in greater than $1,000,000
Example Calculation: Consideration of $450,000
$.50 per $500 up to $150,000 $420
$2.15 per $500 over $150,000 up to $550,000 $1290
Total Transfer Fee Due:
$1710

  • To be eligible for the Senior Citizen Exemption, Grantor must be 62 years of age or over, and owned and occupied property at time of sale. Property must be one or two family residential with no joint owners other than spouse or other exempt owners.
  • To be eligible for Blind of Disabled owner must be legally blind or totally disabled in one or two family homes owned and occupied by Grantor at time of sale. No joint owners other than spouse or other exempt owner. Disabled owner must not be employed or receiving any disability payments.
  • To be eligible for Low and Moderate Income Housing property must be affordable according to H.U.D. standards and meet requirements of region. Must be reserved for occupancy and subject to resale controls.

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New Construction  

An Affidavit of Consideration (RTF-1) is now required to be affixed to and recorded with all deeds transferring “new construction” in addition to the existing claims for a partial exemption. To ensure the proper disposition of Realty Transfer Fees into the appropriate funds, “NEW CONSTRUCTION” must now be printed clearly in upper case lettering on the top of the first page of deeds transferring new construction as well as on the Affidavit of Consideration. Grantors conveying title to new construction who fail to subscribe and append an Affidavit to the deed are guilty of a disorderly persons offense.

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"Mansion Tax" (Transfers in Excess of $1 Million)

For transfers of real property zoned residential, whether improved or not, the new law imposes an additional fee on transfers in excess of $1 million to be paid by the grantee. The fee equals 1% of the full consideration (for example, on a transfer of a $1,100,000.00 property zoned residential the grantee will pay a fee of $11,000.00). Like the realty transfer fee, this “mansion tax” payment must accompany the deed submitted for recording.

This new fee only applies to property zoned residential so it is imperative that municipal zoning information be obtained as part of your municipal tax search. Please make sure your tax search provider includes this information as part of its tax search.

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Deed Recording Practices

In summary, the following changes will apply to deeds under the revised laws:

  • All Deeds
    Payment of revised realty transfer fee
  • Deeds for Properties Zoned Residential and Consieration in Excess of $1 Million
    Payment by grantee of additional fee of 1%
  • Deeds Where Grantor is a Non-Resident Individual, Estate, or Trust
    Completed tax form, Payment of Estimated Income Tax
  • Deeds for New Construction Properties
    "NEW CONSTRUCTION" must ben printed at the top of the first page of the deed in upper case lettering.

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Transfer Tax Fees for Sheriff's Deed

There is a separate affidavit to be submitted with Sheriff’s Deeds. As a general rule, in the case of a Sheriff’s Deed confirming a sheriff’s sale, the amount of the realty transfer fee shall be computed upon the amount of the accepted bid for the property sold:

  1. Where, however, the sale is for delinquent taxes or assessments no fee is imposed.
  2. Where a deed to real estate is executed by a sheriff to a mortgagee who bids the property at a foreclosure sale to satisfy a mortgage lien, the Realty Transfer Fee will be computed upon the amount bid for the property plus the remaining amount of any superior mortgage liens.

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When Affidavit Must Be Annexed to a Deed
  • An affidavit must be annexed to and recorded with the deed in the event that the full consideration is not recited in both the deed and in the acknowledged or proof of the execution thereof.
  • An Affidavit must also be annexed to and recorded with the deed where the exemption from the fee is claimed.
  • Any claim for exemption from the increased fee must be supported by this Affidavit and attached to the deed at the time or recording, in addition to any statement otherwise required by the law with respect to consideration.
  • Any exemptions including government agencies and considerations under $100 must have an affidavit attached.
  • For new construction transfers, an affidavit executed by the grantor stating that the transfer is of new construction must be appended to the deed. We assume that a standard affidavit of consideration executed by the grantor attesting that the property is a transfer of new construction, will satisfy this requirement.

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Exemptions from the Fee

The fee imposed by the Act shall not apply to a deed:

  • For consideration of less than $100.00
  • By or to the United States of America, this State, or any instrumentality, agency or subdivision thereof
  • Solely in order to provide or release security for a debt or obligation
  • Which confirms or corrects a deed previously recorded
  • On a sale for delinquent taxes or assessments
  • On partition
  • By a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors
  • Eligible to be recorded as an “ancient deed” pursuant to R.S. 46:16-7
  • Acknowledged or proved on or before July 3, 1968
  • Between husband and wife, or parent and child
  • Conveying a cemetery lot or plot
  • In specific performance of a final judgment
  • Releasing a right of conversion
  • Previously recorded in another county and full realty transfer fee paid or accounted for as an evidenced by written instrument, attested to be the grantee and acknowledged by the county recording officer of the county of such prior recording, specifying the county, book, page, date or prior recording, and amount of realty transfer fee previously paid.
  • By an executor or administrator of a decedent to as an devisee or heir to effect distribution of the decedent’s estate in accordance with the provisions of the decedent’s will or the interstate laws of this State.
  • Recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee.

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