The New Jersey Affidavit of Consideration RTF-1 form is a legal document used in real estate transactions within the state. It helps to verify the consideration (or the total value exchanged) in the sale of a property. Those interested in transferring property in New Jersey should ensure this form is accurately completed and submitted; click the button below to start the process.
In New Jersey, the process of transferring real estate ownership is not just a matter of signing over a deed. It involves a crucial legal document known as the Affidavit of Consideration RTF-1 form. This form plays a significant role in real estate transactions, aiming to ensure fairness and transparency in the exchange. Essentially, it records the consideration or price paid for the property, which is a vital piece of information for tax assessment purposes. More than just a formality, the RTF-1 helps in the calculation of the Realty Transfer Fee, a tax imposed by the state on the seller, which scales with the property's selling price. Its accurate completion is not only a legal requirement but a key step in safeguarding the interests of all parties involved in the transaction. By compelling the disclosure of the financial details of the property transfer, it helps prevent underhanded dealings and ensures that local governments receive the correct amount of tax revenue from each sale. As such, understanding the nuances and implications of the Affidavit of Consideration RTF-1 form is essential for anyone involved in selling or purchasing real estate in New Jersey.
STATE OF NEW JERSEY
AFFIDAVIT OF CONSIDERATION FOR USE BY SELLER (P.L.1968, c. 49, as amended through P.L. 2006, c. 33) (N.J.S.A. 46:15-5 et seq.)
BEFORE COMPLETING THIS AFFIDAVIT, PLEASE READ THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM.
}ss. County Municipal Code
FOR RECORDER’S USE ONLY
Consideration
$ _____________________
RTF paid by seller
$ ___________________
COUNTY
_________________ ________________
Date___________ By _____________________
MUNICIPALITY OF PROPERTY LOCATION _________________________
*Use symbol “C” to indicate that fee is exclusively for county use.
(1)PARTY OR LEGAL REPRESENTATIVE (See Instructions #3 and #4 on reverse side)
Deponent, ______________________________, being duly sworn according to law upon his/her oath,
(Name)
deposes and says that he/she is the____________________________ in a deed dated ________________________ transferring
(Grantor, 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)
(2)
CONSIDERATION $__________________(Instructions #1 and #5 on reverse side) no prior mortgage to which property is subject.
_________________________________________________________________________________________________________
(3)
Property transferred is Class 4A 4B 4C (circle one). If property transferred is Class 4A, calculation in Section 3A below is required.
(3A)REQUIRED CALCULATION OF EQUALIZED VALUATION FOR ALL CLASS 4A (COMMERCIAL) PROPERTY TRANSACTIONS: (See Instructions #5A and #7 on reverse side)
Total Assessed Valuation ÷ Director’s Ratio = Equalized Assessed 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 valuation.
(4)FULL 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 P.L. 1968, c. 49 as amended through P.L. 2004, c. 66 for the following reason(s). Mere reference to exemption symbol is insufficient. Explain in detail.
______________________________________________________________________________________________________________
(5)PARTIAL EXEMPTION FROM FEE ( Instruction #9 on reverse side)
NOTE: All boxes below apply to grantor(s) only. ALL BOXES IN APPROPRIATE CATEGORY MUST BE CHECKED. Failure to do so will
void claim for partial exemption. Deponent claims that this deed transaction is exempt from State portions of the Basic, Supplemental, and General Purpose Fees, as applicable, imposed by P.L. 1975, c. 176, P.L. 2004, c. 113 and P.L. 2004, c. 66 for the following reason(s):
______________________________________________________________________________________________________________________
A.SENIOR CITIZEN Grantor(s) 62 years of age or over. * ( Instruction #9 on reverse side for A or B)
B.BLIND PERSON Grantor(s) legally blind or; *
DISABLED PERSON Grantor(s) permanently and totally disabled receiving disability payments not gainfully employed*
Senior citizens, blind persons, or disabled persons must also meet all of the following criteria:
Owned and occupied by grantor(s) at time of sale.
Resident of State of New Jersey.
One or two-family residential premises.
Owners as joint tenants must all qualify.
*IN CASE OF HUSBAND AND WIFE, PARTNERS IN A CIVIL UNION COUPLE, ONLY ONE GRANTOR NEED QUALIFY IF TENANTS BY THE ENTIRETY.
________________________________________________________________________________________________________________________________________________
C.LOW AND MODERATE INCOME HOUSING (Instruction #9 on reverse side)
Affordable according to H.U.D. standards.
Reserved for occupancy.
Meets income requirements of region.
Subject to resale controls.
(6)NEW CONSTRUCTION (Instructions #2, #10 and #12 on reverse side)
Entirely new improvement.
Not previously occupied.
Not previously used for any purpose.
“NEW CONSTRUCTION” printed clearly at top of first page of the deed.
(7)RELATED LEGAL ENTITIES TO LEGAL ENTITIES (Instructions #5, #12, #14 on reverse side)
No prior mortgage assumed or to which property is subject at time of sale.
No contributions to capital by either grantor or grantee legal entity.
No stock or money exchanged by or between grantor or grantee legal entities.
(8)Deponent makes this Affidavit to induce county clerk or register of deeds to record the deed and accept the fee submitted herewith in accordance with the provisions of P.L. 1968, c. 49 as amended through P.L. 2006, c. 33.
Subscribed and sworn to before me
____________________________
______________________________
this
day of
, 20
Signature of Deponent
Grantor Name
_____________________________________
________________________________________
Deponent Address
Grantor Address at Time of Sale
_______ XXX-XX-X___________ _
Last three
digits in Grantor’s Social Security Number
Name/Company of Settlement Officer
FOR OFFICIAL USE ONLY
Instrument Number___________________ County_________________
Deed Number_________________ Book __________ Page_________
Deed Dated ___________________ Date Recorded ________________
County recording officers shall forward one copy of each RTF-1 form when Section 3A is completed to:
PO BOX 251
TRENTON, NJ 08695-0251
ATTENTION: REALTY 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 may not be altered or amended without prior approval of the Director. For information on the Realty Transfer Fee or to print a copy of this Affidavit, visit the Division of Taxation website at: www.state.nj.us/treasury/taxation/lpt/localtax.htm
INSTRUCTIONS FOR FILING FORM RTF-1, AFFIDAVIT OF CONSIDERATION FOR USE BY SELLER
1.STATEMENT OF CONSIDERATION AND REALTY TRANSFER FEE PAYMENT ARE 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 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 deed, and (c) for conveyances and transfers of property for which the total consideration recited in the deed is not in excess of $350,000, a fee is remitted at the rate of $2.00/$500 of consideration or fractional 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 rate 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 in excess of $200,000; $5.30/$500 of consideration or fractional part thereof in excess of $550,000 but not in excess of $850,000; $5.80/$500 of consideration or fractional part thereof in excess of $850,00 but not in $1,000,000; and $6.05/$500 of consideration or fractional part thereof in excess of $1,000,000, which fee shall be paid in addition to the recording fees imposed by, P.L. 1965 c. 123, Section 2 (C. 22A:4-4.1) as amended by, P.L. 2001, c. 370, through, P.L. 2004, c. 66, which fee shall be paid to the county recording officer at the time the deed is offered for recording/transfer. Of these fees, $.75/$500 of consideration or fractional part in excess of $150,000 paid to the State Treasurer is credited to the New Jersey Affordable Housing Trust Fund.
2.WHEN AFFIDAVIT MUST BE ANNEXED TO DEED
This Affidavit must be annexed to and recorded with all deeds when entire consideration is not recited in deed or the acknowledgement or proof of the execution, when the grantor claims a total or partial exemption from the fee, Class 4 property that includes commercial, industrial, or apartment property, and for transfers of “new construction.” (See Instructions #10 and #12 below.)
3.LEGAL REPRESENTATIVE
“Legal representative” is to be interpreted broadly to include any person actively and responsibly participating in the transaction, such as, but not limited to: an attorney representing one of the parties; a closing officer of a title company or lending institution participating in the transaction; a holder of power of attorney from grantor or grantee.
4.OFFICER OF CORPORATE GRANTOR/OFFICER OF TITLE COMPANY OR LENDING INSTITUTION
Where a deponent is an officer of corporate grantor, 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.
5.CONSIDERATION
“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 assumed and agreed to be paid by the grantee and any other lien or encumbrance not paid, satisfied or removed in connection with the transfer of title. (P.L. 1968, c. 49, Section 1, as amended.)
5A. CLASS 4A “COMMERCIAL PROPERTIES” DEFINED
Class 4A “Commercial properties” as defined in N.J.A.C. 18:12-2.2 means “any other type of income-producing property other than property in classes 1, 2, 3A, 3B, and those properties included in classes 4B and 4C.” A quarterly audit of all Class 4A sales submitted by the municipal assessor through the SR- 1A/equalization process will determine whether a Class 4A transaction was recorded without proper documentation and the required Affidavits of Consideration.
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 Taxation, in the Table of Equalized Valuations promulgated 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 apportionment of distributions pursuant to the State School Aid Act of 1954.
7.EQUALIZED VALUE
“Equalized Value” means the assessed value of the property in the year that the transfer is made, divided 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)
8.FULL EXEMPTION FROM THE REALTY TRANSFER FEE (GRANTOR/GRANTEE)
The fee imposed by this Act shall not apply to a deed:
(a)For consideration of less than $100; (b) By or to the United States of America, this State, or any instrumentality, agency or subdivision; (c) Solely in order to provide or release security for a debt or obligation; (d) Which confirms or corrects a deed previously recorded; (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 recorded as an “ancient deed” pursuant to N.J.S.A. 46:16-7; (i) Acknowledged or proved on or before July 3, 1968; (j) Between husband and wife/civil union partners, 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 county and full Realty Transfer Fee paid or accounted for as evidenced by written instrument, attested to by the grantee and acknowledged by the county recording officer of the county 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 devisee or heir to effect distribution of the decedent’s estate in accordance with the provisions of the decedent’s will or the intestate laws of this State; (p) Recorded within 90 days following the entry of a divorce/dissolution decree which dissolves the marriage/civil union partnership between 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 shareholder upon the surrender by the shareholder of all of the shareholder’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 corporation.
9.PARTIAL EXEMPTION FROM THE REALTY TRANSFER FEE (P.L. 1975, c. 176; P.L. 2003, c. 113; P.L. 2004, c. 66)
The following transfers of title to real property shall be exempt from State portions of the Basic Fee, Supplemental Fee, and General Purpose Fee, as applicable: 1. The sale of any one or two-family residential premises which are owned and occupied by a senior citizen, blind person, or disabled person who is the seller in such transaction; provided, however, that except in the instance of a husband and wife/partners in a civil union couple, no exemption shall be allowed if the property being sold is owned as joint tenants and one or more of the owners is not a senior citizen, blind person, or disabled person; 2. The sale of Low and Moderate Income Housing conforming to the requirements as established by this Act.
For the purposes of this Act, the following definitions shall apply:
“Blind person” means a person whose vision in his better eye with proper correction does not exceed 20/200 as measured by the Snellen chart or a person who has a field defect in his better eye with proper correction in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20º.
“Disabled person” means any resident of this State who is permanently and totally disabled, unable to engage in gainful employment, and receiving disability benefits or any other compensation under any federal or State law.
“Senior citizen” means any resident of this State of the age of 62 or over.
“Low and Moderate Income Housing” means any residential premises, or part thereof, affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs occupied or reserved for occupancy by households with a gross income equal to 80% or less of the median gross household income for households of the same size within the housing region in which the housing is located, but shall include only those residential premises subject to resale controls pursuant to contractual guarantees.
“Resident of the State of New Jersey” means any claimant who is legally domiciled in this State when the transfer of the subject property is made. Domicile is what the claimant regards as the permanent home to which he intends to return after a period of absence. Proofs of domicile include a New Jersey voter registration, motor vehicle registration and driver’s license, and resident tax return filing.
10. TRANSFERS OF NEW CONSTRUCTION
“New construction” means any conveyance or transfer of property upon which there is an entirely new improvement not previously occupied or used for any purpose. On transfers of new construction, the words “NEW CONSTRUCTION” shall be printed clearly at the top of the first page of the deed, and an Affidavit by the grantor stating that the transfer is of property upon which there is new construction shall be appended to the deed.
11.REALTY TRANSFER FEE IS A FEE IN ADDITION TO OTHER RECORDING FEES
The county recording officer is required to collect the Realty Transfer Fee at the time the deed is offered for recording/transfer.
12.PENALTY FOR WILLFUL FALSIFICATION OF CONSIDERATION AND TRANSFERS OF NEW CONSTRUCTION
Any person who knowingly falsifies the consideration recited in a deed or in the proof or acknowledgement 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 guilty of a crime of the fourth degree (P.L. 1991, c. 308, effective June 1, 1992). Grantors conveying title of new construction who fail to subscribe and append to the deed an affidavit to that effect in accordance with the provisions of subsection c. of section 2 of P.L. 1968, c. 49 (C.46:15-6) is guilty of a disorderly persons offense. The Division of Taxation is entitled to review the Fees collected pursuant to the State Uniform Procedure Law. The Director of the Division of Taxation is authorized to make deficiency assessments to taxpayers who have, intentionally or mistakenly, underestimated the consideration or sales price of properties on the Affidavit of Consideration attached to deeds and upon which the Realty Transfer Fee is based.
13.COUNTY/MUNICIPAL CODES
County/Municipal codes may be found at http://www.state.nj.us/treasury/taxation/pdf/lpt/cntycode.pdf.
14.LEGAL ENTITIES TRANSFERRING NEW JEREY REAL ESTATE TO RELATED LEGAL ENTITIES
Legal entities transferring New Jersey real estate to related legal entities are not exempt from the Realty Transfer Fee if the consideration, as defined in the law, is $100 or more. Such consideration includes the actual amount of money and/or the monetary value of any other thing of value constituting the entire compensation paid, such as the dollar value of stock included in the transaction or any enhancement to or contribution to the capital or either legal entity resulting from the transfer, or remaining balances of any prior mortgage to which the property is subject or which is assumed and agreed to be paid by the grantee and any other lien or encumbrance not paid, satisfied or removed in connection with the transfer of title.
When entering into a real estate transaction in New Jersey, one key piece of paperwork you'll encounter is the Affidavit of Consideration, known as the RTF-1 form. This document plays a crucial role in documenting the transaction's financial details for the state's tax purposes. The process of completing this form accurately is essential to ensuring compliance with New Jersey's tax requirements and to avoid any potential delays or issues with the property transfer. Here is a step-by-step guide to help you navigate filling out the RTF-1 form with confidence.
Completing the New Jersey Affiidavit of Consideration RTF-1 form is a straightforward process when you approach it methodically. By carefully following each step and ensuring the accuracy of the information provided, you can facilitate a smoother transfer process. It is important to adhere to the state's requirements to avoid unnecessary complications or delays. When in doubt, consulting with a professional experienced in New Jersey real estate transactions can provide additional guidance and reassurance.
What is the New Jersey Affidavit of Consideration for Use by Sellers (RTF-1 form)?
The New Jersey Affidavit of Consideration for Use by Sellers, known as the RTF-1 form, is a document required in the state of New Jersey during the sale of a property. This form is part of the process to determine the Realty Transfer Fee (RTF) owed to the state based on the sale price of the property. Sellers must complete this form to certify the consideration paid for the property and provide details that might affect the calculation of the RTF.
When do I need to file the RTF-1 form?
The RTF-1 form must be filed at the time of closing the sale of a property. It's an essential step in the legal process of transferring property ownership in New Jersey. This form, along with other necessary documents and fees, should be submitted to the county clerk or registrar of deeds where the property is located.
Who is required to complete the RTF-1 form?
Typically, the seller of the property is responsible for completing the RTF-1 form. If there are multiple sellers, they should all ensure that the form is filled out accurately and submitted as part of the closing documents. In some cases, the seller's attorney or a real estate agent might assist with the completion of this form.
Are there exceptions to the requirement of filing an RTF-1 form?
Yes, there are certain exceptions. For instance, transfers of property between spouses or from a parent to a child may be exempt from the RTF. However, it's important to consult with a professional or review the state's guidelines, as specific documentation and a different form (RTF-1EE) might be required to claim an exemption.
What information do I need to provide on the RTF-1 form?
The RTF-1 form requires detailed information about the sale of the property, including the full names and addresses of both the seller and the buyer, the consideration paid for the property, the date of the sale, the property's location, and the block and lot numbers. Additionally, the form asks for details that might adjust the calculation of the RTF, such as whether the property was used as the seller's principal residence.
How is the Realty Transfer Fee calculated?
The Realty Transfer Fee is calculated based on the consideration paid for the property, which is typically the sale price. New Jersey has a graduated fee structure; thus, the amount of RTF varies depending on the price bracket into which the sale price falls. Additional county fees may also apply. To ensure accurate calculation, it is advisable to consult the current fee schedule provided by the state of New Jersey or seek professional assistance.
Where can I find the form and more information?
The RTF-1 form is available on the website of the New Jersey Division of Taxation. This site also provides detailed instructions for completing the form, current fee schedules, and information about exemptions and other related forms. Additionally, county clerk or registrar of deeds offices can provide resources and assistance in understanding the requirements for filing the RTF-1 form.
When dealing with legal documents, accuracy and attention to detail are paramount. This is especially true for the New Jersey Affidavit of Consideration for Use by Seller (RTF-1 form). Mistakes on this form can lead to delays or unwanted issues in the real estate transaction process. Here are eight common mistakes people often make when filling out this form:
These mistakes can usually be avoided by taking your time, carefully reviewing all information, and double-checking everything before submission. When in doubt, consulting with a professional can help ensure that the process goes smoothly.
When handling real estate transactions in New Jersey, the Affidavit of Consideration RTF-1 form is commonly required, especially during the transfer of property. It's important to understand that this affidavit is just one of several documents often used to ensure a smooth and legally compliant transaction. Below is an overview of additional forms and documents frequently needed in conjunction with the RTF-1, each serving a unique purpose in the real estate process.
Understanding these documents and their significance in a real estate transaction is crucial for all parties involved. Each one plays a role in ensuring the process adheres to legal standards, protects the interests of both buyers and sellers, and promotes transparency throughout the transaction. While the list above is comprehensive, requirements can vary based on specific circumstances, which is why consulting with a legal professional is often advisable to navigate the complexities of real estate dealings in New Jersey.
Grant Deed: This document is similar to the New Jersey Affidavit of Consideration RTF-1 form because it documents the transfer of property ownership. Both require a description of the property and involve the seller declaring that the property has been transferred to the buyer. However, the Grant Deed guarantees that the property has not been sold to anyone else and is free from undisclosed encumbrances.
Quitclaim Deed: Like the RTF-1 form, a Quitclaim Deed is used to transfer interest in a property. However, it does not guarantee a clear title; it only transfers whatever interest the grantor may have at the time. This is a key distinction but, like the RTF-1, it is pivotal in adjustments regarding property ownership.
Warranty Deed: This is another document for transferring property ownership, ensuring the buyer that the seller holds a clear title to the property. Similar to the RTF-1 form, a Warranty Deed contains details of the property and parties involved but with the added assurance against any potential claims on the property.
Mortgage Deed: A Mortgage Deed ties closely to the RTF-1 form as it's used in property transactions, particularly when a property is being financed. This document outlines the borrower's obligation to repay the lender, using the property as security for the loan, which could impact the consideration stated in the RTF-1 form.
Transfer Tax Declaration: This form often accompanies property transactions to declare the tax due on the transfer, similar to how the RTF-1 form is used to report the consideration given for a property. Both are critical for legal and tax purposes during the transfer of ownership.
Deed of Trust: The Deed of Trust is another method of financing properties, involving a third-party trustee. It is similar to the RTF-1 form in that it is used in the context of property transactions but mainly focuses on securing a loan with real property.
Property Settlement Statement: This document, used in real estate transactions, summarizes the financial aspects, including the sales price, loan amounts, and adjustments. It is similar to the RTF-1 form in detailing the financial elements of a property transfer, ensuring that all parties have a clear understanding of the financial considerations involved.
Filling out the New Jersey Affidavit of Consideration RTF-1 form is a critical step in the process of transferring real estate. This document is essential for accurately recording the transaction and determining the correct amount of tax due. Knowing what to do and what to avoid can make the process smoother and ensure compliance with state requirements. Here are ten tips to guide you through this task:
Adhering to these guidelines can help ensure that your New Jersey Affidavit of Consideration RTF-1 form is filled out correctly and efficiently, facilitating a smoother property transfer process. Remember, when in doubt, seeking assistance from a professional can provide clarity and peace of mind.
When it comes to the New Jersey Affidavit of Consideration for Use by Seller (RTF-1 form), several misconceptions can lead to confusion for both sellers and buyers in real estate transactions. Understanding these misconceptions is vital for a smooth and compliant transfer of property ownership.
Clarifying these misconceptions ensures all parties involved in a real estate transaction are well-informed and can navigate the process with greater certainty and compliance.
When dealing with real estate transactions in New Jersey, especially those involving the transfer of property, the Affidavit of Consideration for Use by Buyer (RTF-1) form plays a crucial role. Understanding how to correctly fill out and use this form is essential for ensuring a smooth property transfer process. Here are key takeaways that individuals should bear in mind:
Understanding these key aspects of the RTF-1 form can significantly aid buyers in navigating the complexities of real estate transactions within New Jersey. It ensures compliance with state laws and facilitates a smoother transfer of property ownership.
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