- Affidavit of Title (Sale of Property) - New Jersey
- Affidavit of Consideration for Use by Seller - New Jersey
- Affidavit of Consideration for Use by Buyer 2008 - New Jersey
- Affidavit of Title - New Jersey
- Affidavit of Title (Corporation) - New Jersey
- Affidavit of Consideration for Use by Seller 2008 - New Jersey
Fillable Printable Affidavit of Consideration for Use by Buyer - New Jersey
Fillable Printable Affidavit of Consideration for Use by Buyer - New Jersey
Affidavit of Consideration for Use by Buyer - New Jersey
MUST SUBMIT IN DUPLICATE STATE OF NEW JERSEY
RTF-1EE (Rev. 8/11/06)
AFFIDAVIT OF CONSIDERATION FOR USE BY BUYER
(Chapter 49, P.L.1968, as amend ed through Chapter 33, P.L. 2006) (N.J.S.A. 46:15-5 et seq.)
BEFORE COMPLETING THIS AFFIDAVIT, PLEASE READ THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM
STATE OF NEW JERSEY
}ss. County Municipal Code
COUNTY ___________________ __________ ______
MUNICIPALITY OF PROPERTY LOCATI ON _______________________
(1) PARTY OR LEGAL REPRESENTATIVE
(See Instructions #3 and #4 on reverse side)
Deponent, ______________________________, being duly sworn according to law upon his/her oath,
deposes and says that he/she is the
______________________ in a deed dated _______________ transferring
(Grantee, Legal Representative, Corporate Officer, Officer of Title Company, Lending Institution, etc.)
real property identified as Block number ___________________________ Lot number ____________________________ located at
_______________________________________________________________________________ and annexed thereto.
(Street Address, Town)
$_______________________________ (See Instructions #1, #5, and #11 on reverse side)
Entire consideration is in excess of $1,000,000:
PROPERTY CLASSIFICATION CHECKED BELOW SHOULD BE TAKEN FROM THE OFFICIAL TAX LIST (A PUBLIC RECORD)
OF THE MUNICIPALITY WHERE THE R EAL PROPERTY IS LOC ATED IN THE YEAR THAT THE TRANSFER IS MADE.
(A) When Grantee is required to remit the 1% fee, complete below:
Class 2 - Residential Class 4A – Commercial Properties
Class 3A - Farm prope rty (Regular) and any (if checked, calculation on (C) required below)
other real property transferred to same grantee
Class 4C - Residential Cooperative Uni t
in conjunction with transfer of Class 3A property (4 Families or less)
(B) When Grantee is not required to remit the 1% fee, complete below:
Property class. Circle applicable class(es): 1 4B 4C 15
Property classes: 1-Vacant Land, 4B-Industrial properties, 4C-Apartments (other than cooperative unit), 15-Public Property
Exempt Organization pursuant to federal Internal Revenue Code of 1986
Incidental to corporate merger or acquisition and equalized assessed valuation less than 20% of total value of
all assets exchanged in merger or acquisition (If checked, calculation in (C) below required and
(C) REQUIRED CALCULATION OF EQUALIZED ASSESSED VALUATION FOR ALL CLASS 4A COMMERCIAL
PROPERTY TRANSACTIONS: (See Instructions # 6 and #7 on reverse side)
Total Assessed Valuation ÷ Director’s Ratio = Equalized Valuation
$________________ ÷ ____________% = $________________
If Director’s Ratio is less than 100 %, the equalized valuation will be an amount greater than the assessed value. If Director’s Ratio is
equal to or in excess of 100%, the assessed value will be equal to the equalized value.
(3) TOTAL EXEMPTION FROM FEE
(See Instruction #8 on reverse side)
Deponent states that this deed transaction is fully exempt from the Realty Transfer Fee imposed by C. 49, P.L. 1968, as amended
through C. 66, P.L. 2004, for the following reason(s). Mere reference to exemption symbol is insufficient. Explain in detail.
(4) Deponent makes Affidavit of Consideration for Use by Buyer to induce county clerk or register of deeds to record the deed and
accept the fee submitted herewith pursuant to the provisions of Chapter 49, P.L. 1968, as amended through Chapter 33, P.L. 2006.
Subscribed and sworn to bef ore me _____________________________ _ ___________________________
this day of , 20 Signature of Deponent Grantee Name
Deponent Address Grantee Address at Time of Sale
Name/Company of Settlement Officer
County Recording Officers shall forward one copy of each Affidavit of Consideration for Use by Buyer recorded with deeds to:
STATE OF NEW JERSEY- DIVISION OF TAXATION
PO BOX 251
TRENTON, NJ 08695-0251
ATTENTION: RE ALTY TRANSFER FEE UNIT
The Director of the Division of Taxation in the Department of the Treasury has prescribed this form as required by law, and it may not be altered or amended
without prior approval of the Director. For further information on the Realty Transfer Fee or to print a copy of this Affidavit, visit the Division of Taxation website at
FOR OFFICIAL USE ONLY
Instrument Number___________________ County_________________
Deed Number_________________ Book __________ Page_________
Deed Dated ___________________ Date Recorded ________________
FOR RECORDER’S USE ONLY
Consideration $ ___________________________
RTF paid by buyer $ ___________________________
Date ________________ By _____________________________
INSTRUCTIONS FOR FILING FORM RTF-1EE, AFFIDAVIT OF CONSIDERATION FOR USE BY BUYER
1. CONSIDERATION STATEMENT AND REALTY TRANSFER FEE PAYMENT PREREQUISITES FOR DEED RECORDING
No county recording officer shall record any deed evidencing transfer of title to real property unless (a) the consideration is recited in
the deed, or (b) an Affidavit for Use by Buyer by one or more of the parties named in the deed or by their legal representatives declaring
the consideration is annexed for recording with the dee d, and (c) for conveyances and transfers of property for which the total consideration
recited in the deed is not in e xcess of $350,000, a fee is remitted at the ra te of $2.00/$500 of consideration or fracti onal part thereof not in
excess of $150,000; $3.35/$500 of consideration or fractional part thereof in excess of $150,000 but not in excess of $200,000; and
$3.90/$500 of consideration or fractional part thereof in excess of $200,000. For transfers of property for which the total consideration
recited in the deed is in excess of $350,000, a fee is remitted at the ra te of $2.90/$500 of consideration or fractional part not in excess of
$150,000; $4.25/$500 of consideration or fractional part thereof in excess of $150,000 but not in excess of $200,000; $4.80/$500 of
consideration or fractional part thereof i n excess of $200,000 but not in excess of $550,000; $5.30/$500 of co nsideration or fractional part
thereof in excess of $550,0 00 but not in excess of $8 50,000; $5.80/$50 0 of consi der ation or fractional part thereof i n excess of $850,00 but
not in $1,000,0 00; and $6.05/$500 of c onsideration or fr actional part thereof in excess of $1,000,000, which fee shall be paid in addition to
the recording fees imposed by Chapter 123, P.L. 1965, Section 2 (C. 22A:4-4.1) as amended by Chapter 370, P.L. 2001, throug h
Chapter 66, P.L. 2004 and Chapter 19, P.L. 20 05, which fee shall be paid to the county r ecording officer at the tim e the deed is offered for
recording/transfer. Of these fees, $.75/$500 of consid eration or fractional part in excess of $150,000 p aid to the State Treasurer is credited
to the Neighborhood Preservation Nonlapsi ng Revolving Fund.
In addition to all other fees imposed under Chapter 49, P.L. 1968 (C. 46:15-5 et seq.) as amende d through Chapter 33, P.L. 2006, a
fee is imposed upon the grantee of a deed for the transfer of real property for consideration in excess of $1,000,000:
A. that is classified pursuant to the requirements of N.J.A.C. 18:12-2.2 as Class 2 “residential”;
B. that includes property classified pursuant to N.J.A.C. 18:12-2.2 as Class 3A: “farm property (regular)” but only if the property
includes a building or structure intended or suited for residential use, and; any other real property, regardless of class, that is
effectively transferred to the same grantee in conjunction with farm property as described above; or
C. that is a cooperative unit as defined in section 3 of P.L. 1987, c. 381 (C.46: 8D-3).
D. that is classified pursuant to the requirements of N.J.A.C. 18;12-2.2 as Class 4A “commercial properties,” meaning any type of
income-producing properties other than properties in Classes 1, 2, 3A, 3B and those properties in Class 4B and Class 4C as defined in
N.J.A.C. 18:12-2.2 (f) and (g).
The 1% fee is not imposed on an organizati on determined by the federal Internal Revenue S ervice to be exempt from federa l income
taxation pursuant to par agraph (3) of subsection (c) of section 501 of the federal Internal Rev enue Code of 1986, 26 U.S.C. s. 501 that is
the grantee in a deed for consideration in excess of $1,000,000. The 1% fee shall also not apply to a deed if the real property transfer is
incidental to a corporate merger or acquisition and the equalized assessed value of the real property transferred is less than 20% of the
total value of all assets exchanged in the merger or acq uisition.
2. WHEN AFFIDAVIT OF CONSIDERATION FOR USE BY BUYER MUST BE ANNEXED TO DEED
• Recorded with the deed w hen the entire consideration is in excess of $1,000,000 o r the equalized value of the Class 4 A
property is in excess of $1,000,000; however, the Realty Transfer Fee is calculated on the consideration amount recited
in the deed.
• When grantee claims an exemption from payment of the fee;
• When the entire consideration is not recited in the deed or the acknowledgement or pro of of the executi on.
Exemptions from the Realty Transfer F ee are found in N.J.S.A. 46:15-10.
3. LEGAL REPRESENTATIVE
“Legal r epresentative” is to be interpreted broadly to include any person actively and responsibly participating in the transaction, such
as, but not limited to: an attorney repr esenting one of the parties; a closing officer of a title company or le nding institution participating in the
transaction; a holder of power of attorney from grantor or grantee.
4. OFFICER OF CORPORATE GRANTEE/OFFICER OF TITLE COMPANY OR LENDING INSTITUTION
Where a deponent is an officer of corporat e grantee, state the name of corporation and officer’s title or where a deponent is a closing
officer of a title company or lending institution participating in the transaction, state the name of the company or institution and officer’s title.
“Consideration” means in the case of any deed, the actual amount of money and the monetary value of any other thing of value
constituting the entire compensation paid or to be paid for the transfer of title to the lands, tenements or other realty, including the
remaining amount of any prior mortgage to which the transfer is subject or which is ass um ed a nd agreed to be pai d by t he gr ante e and any
other lien or encumbrance not paid, satisfied or removed in connection with the transfer of title.
6. DIRECTOR'S RATIO
“Director’s Ratio” means the average ratio of assessed to true value of real property for each taxing district as determined by the
Director, Division of Taxatio n, in the Table of Equalized Valuations prom ulgated annually on or before October 1 in each year pursuant to
N.J.S.A. 54:1-35.1. The Table is used in the calculation and apportio nme nt of distributions pursuant to the State School Aid Act of 1954.
7. EQUALIZED VALUE
“Equalized Value” mea ns the assessed value of the proper ty in the year that the transfer is made, divi ded by the Director’s Ratio. The
Table of Equalized Valuations is promulgated annually on or before October 1 in each year pursuant to N.J.S.A. 54:1-35.1. Example:
Assessed value = $1,000,000; Director’s Ratio = 80%. $1,000,000 ÷
.80 = $1,250,000. If Director’s Ratio is less than 100%, the
equalized val uation will be an amou nt greater than the assessed value, if Director’s Ratio is in excess of 100% the assessed va lue will be
equal to the equalized valu e.
8. TOTAL EXEMPTION FROM THE REALTY TRANSFER FEE (GRANTOR/GRANTEE)
The fee imposed by this Act shall not appl y to a deed:
(a) For consideration of less than $100; (b) By or to the U nited States of America, this State, or any ins trumentality, agency or subdivision ;
(c) Solely in order to provide or release sec urity for a debt or obligation; (d) Which confirms or corrects a deed previously record ed; (e) On
a sale for delinquent taxes or assessments; (f) On partition; (g) By a receiver, trustee in bankruptcy or liquidation, or assignee for the
benefit of creditors; (h) Eligible to be record ed as an “anc ient deed” pursu ant to R.S. 46:16-7; (i) Acknowledged or proved on or before July
3, 1968; (j) Between husband and wife, or parent and child; (k) Conveying a cemetery lot or plot; (l) In specific performance of a final
judgment; (m) Releasing a right of reversion; (n) Previously recorded in another count y and full Realty Transfer Fee paid or accounted for
as evidenced by written instru ment, attested to by the gr ant ee and ackn o wledged by the c ounty recording officer of the count y of such prior
recording, specifying the county, book, page, date of prior recording, and amount of Realty Transfer Fee previously paid; (o) By an
executor or administrator of a decedent to a devis ee or heir to effect distribution of the decedent’s estat e in accordance with the provisions
of the decedent’s will or the intestate la ws of this State; (p) Recor ded within 90 days follo wing the entr y of a d ivorce de cree which dissolves
the marriage between the grantor and grantee; (q) Issued by a cooperative corporation, as part of a conversion of all of the assets of the
cooperative corporation into a condominium, to a sh arehold er upon the sur render b y the sharehol der of a ll of the shareh older’s stock in the
cooperative corporation and the proprietary lease entitling the shareholder to exclusive occupancy of a portion of the property owned by the
9. REALTY TRANSFER FEE IS A FEE IN ADDITION TO OTHER RECORDING FEES
The county recording officer is required to collect the Realty T r ansfer F ee at the time the deed is offered for recording/transfer.
10. AFFIDAVITS OF CONSIDERATION FOR USE BY BUYER FORWARDED TO DIRECTOR, DIVISION OF TAXATION
The county recording officers shall forward one copy of each A ffidavit of Consideration fo r Use by Buyer filed an d recorded with deeds
to the Director of the Division of Taxation on the tenth day of the month next following the filing of the deed.
11. PENALTY FOR WILLFUL FALSIFICATION OF CONSIDERATION AND TRANSFERS OF NEW CONSTRUCTION
Any person who kn owingly falsifies the consi deration recited in a deed or in the proof or ackno wledgement of the execution of a deed
or in an affidavit annexed to a deed declaring the consideration therefor or a declaration in an affidavit that a transfer is exempt from
recording fee is guilt y of a crime of the fourth degree ( Chapter 308, P.L. 1991, effective June 1, 1992). The Division of Taxati on is entitled
to review the Fees collect ed pursuant to the State Uniform Procedure Law. The Director of the Div ision of Taxation is authorize d to make
deficiency assessments to taxpayers who have, intentionally or mistakenly, underestimated the consideration or sales price of properties
on the Affidavit of Consideration for Use by Buyer attached to deeds and upon which the Realty Transfer F ee is based.
12. COUNTY/MUNICIPAL CODES
County/Municipal codes may be found at