New Jersey Investment Transfer Affidavit and Agreement

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Multi-State
Control #:
US-EG-9081
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Investment Transfer Affidavit and Agreement Form. 3 pages
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FAQ

The original of this affidavit must be filed by the releasing institution within five business days of execution with the Division of Taxation, Transfer Inheritance and Estate Tax Branch, 3 John Fitch Way, PO Box 249, Trenton, NJ 08695-0249.

You will report any income earned on the sale of property as a capital gain. When filing your New Jersey Tax Return, a capital gain is calculated the same way as for federal purposes. Any amount that is taxable for federal purposes is taxable for New Jersey purposes.

Calculating the Exit Tax and the $767,000 Exemption As of 2023, the first $767,000 of gains (adjusted for inflation) is exempt from the exit tax, per IRC Section 877A(a)(3)(A). This means that only gains exceeding the $767,000 threshold are subject to the exit tax.

In order to even be subject to the IRS covered expatriate and exit tax rules, a person must be a U.S citizen or long-term legal permanent resident. Therefore, the easiest way to avoid the long-term resident exit tax trap it is to simply avoid becoming a legal permanent resident.

New Jersey exit tax exemptions If you remain a New Jersey resident, you'll need to file a GIT/REP-3 form (due at closing), which will exempt you from paying estimated taxes on the sale of your home. Instead, any applicable taxes on sales gains are reported on your New Jersey Gross Income Tax Return.

It's New Jersey's way of making sure that people leaving the state will pay the taxes they owe after a sale. The tax is fully refundable if a taxpayer does not have any New Jersey gross income, said Michael Karu, a certified public accountant with Levine, Jacobs & Co. in Livingston.

If the home sells for $999,999. or less, then the tax can be avoided. Any sales price over $1million is subject to the tax. Are there any exemptions for single family home properties?

In New Jersey, the deed must be in English, identify the seller/buyer (grantor/grantee), name the person that prepared the deed, state the consideration (amount paid) for the transfer, contain a legal description of the property (a survey), include the signature of the grantor and be signed before a notary.

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New Jersey Investment Transfer Affidavit and Agreement