All instruments to be recorded by the County Clerk, which purport to convey or transfer title or realty in this State, are subject to submit payment of Realty Transfer Fees based on the consideration stated in the instrument. Realty Transfer Fees must be paid via attorney trust account. When fees total $10,000 or more, payment must be bank certified, i.e., using either a certified check, bank check, or money order.
Realty Transfer Fees Updated — Effective August 1, 2004
Two bills were signed into law in New Jersey effective August 2004. The first, Assembly Bill No. 3115, increased the Realty Transfer Fee rates of property transfers. The second, Assembly Bill No. 3128, required the filing of estimated Gross Income Tax on the transfer of real property by nonresidents of the State as a condition to recording. BOTH BILLS IMPACT DEEDS DATED AUGUST 1, 2004 AND FORWARD. NEITHER BILL APPLIES TO DEEDS DATED PRIOR TO AUGUST 1, 2004 AND RECEIVED FOR RECORDING PRIOR TO OCTOBER 1, 2004. The ‘Deed Date’ is the date stated at the top of the first page of the deed. If there is no date at the top of the first page and the deed is received after August 1, 2004 the ‘recording date’ will be considered the deed date and the new rates and procedures will apply. If there is a conflict, the ‘new’ rates will have to be paid and a claim made to the Division of Taxation for a refund.
Link to Affidavit of Consideration Form
REGULAR FEES – NO EXEMPTION & NEW CONSTRUCTION – NO EXEMPTIONS
TOTAL CONSIDERATION NOT IN EXCESS OF $350,000
- $2.00/$500 of consideration not in excess of $150,000;
- $3.35/$500 of consideration in excess of $150,000 but not in excess of $200,000;
- $3.90/$500 of consideration in excess of $200,000 but not in excess of $350,000;
TOTAL CONSIDERATION IN EXCESS OF $350,000
- $2.90/$500 of consideration not in excess of $150,000;
- $4.25/$500 of consideration in excess of $150,000 but not in excess of $200,000;
- $4.80/$500 of consideration in excess of $200,000 but not in excess of $550,000;
- $5.30/$500 of consideration in excess of $550,000 but not in excess of $850,000;
- $5.80/$500 of consideration in excess of $850,000 but not in excess of $1,000,000;
- $6.05/$500 of consideration in excess of $1,000,000.
SENIOR CITIZEN, BLIND, DISABLED, LOW & MODERATE INCOME HOUSING
TOTAL CONSIDERATION NOT IN EXCESS OF $350,000
- $.50/$500 of consideration not in excess of $150,000;
- $1.25/$500 of consideration in excess of $150,000 but not in excess of $350,000;
TOTAL CONSIDERATION IN EXCESS OF $350,000
- $1.40/$500 of consideration not in excess of $150,000;
- $2.15/$500 of consideration in excess of $150,000 but not in excess of $550,000;
- $2.65/$500 of consideration in excess of $550,000 but not in excess of $850,000;
- $3.15/$500 of consideration in excess of $850,000 but not in excess of $1,000,000;
- $3.40/$500 of consideration in excess of $1,000,000.
Note: For a calculated and concise listing of realty transfer fees, consider purchasing a copy of the Document Recorder’s Manual from the Constitutional Officers Association of NJ, either in print/book form or on CD — click to download an order form now.