The New Jersey Affidavit of Consideration RTF-1 form is a crucial document used in property transactions to declare the amount of consideration involved. Understanding this form can streamline the buying process while ensuring compliance with state regulations. Ready to simplify your property transaction? Fill out the form by clicking the button below.
The New Jersey Affidavit of Consideration RTF-1 form is a crucial document used during the property transfer process. It serves to outline the details of the transaction, including the amount paid or the consideration exchanged in the sale of real estate. This form not only accelerates the process of recording a deed but also helps establish the fair market value of the property involved. Ensuring compliance with local laws, it supports transparency between the buyer and the seller. By providing accurate information, the form assists in determining any applicable realty transfer fees. Both parties must complete and notarize this affidavit; therefore, proper attention to detail is essential. Understanding the components and requirements of the RTF-1 form is beneficial for anyone involved in a property transaction in New Jersey, as this contributes to a smooth transfer process and promotes legal clarity in the exchange.
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.
The New Jersey Affidavit of Consideration RTF-1 form is an essential document used in real estate transactions. Once completed, this form must be filed appropriately to ensure compliance with state regulations. Below are the steps to guide you through the process of filling out this form correctly.
The RTF-1 form, or Affidavit of Consideration, is a legal document required in New Jersey when real estate is being transferred. This form helps record the consideration—essentially, the value or payment—associated with the property transaction. It's essential for ensuring accurate property taxation and maintaining proper records.
This form is necessary for the state to track property transactions, ensuring that property taxes are calculated correctly based on the value of the sale. It prevents fraud, as it mandates full disclosure of the transaction amount, granting transparency and accountability in real estate dealings.
Typically, the seller of the property or their representative must complete the RTF-1 form. However, the buyer or their attorney may also assist in providing accurate information. Regardless, it's crucial for all parties involved in the transaction to understand their role in this process.
The form requires various pieces of information, including the names of the parties involved, the property address, the amount of consideration (the sale price or value of the exchange), and any applicable exemptions. Accuracy is crucial, so all figures should be double-checked for correctness.
The RTF-1 form should be submitted at the time of the real estate transaction. It is often filed alongside the deed when recording the property transfer at the county clerk's office. Timeliness in submission helps avoid potential delays or issues with the transfer process.
Failure to submit the RTF-1 can lead to various consequences, including potential fines or penalties. Additionally, the county may delay the recording of the property deed, affecting your legal ownership of the property. Compliance is essential to avoid these complications.
While the RTF-1 form itself does not typically have a filing fee, there may be recording fees charged by the county clerk’s office when you submit related documents, such as the deed. It's advisable to check with your local county office for specific costs associated with the transaction.
Once the RTF-1 form has been filed, amending it can be complicated. If you discover an error after submission, it’s important to contact the county clerk's office immediately. They can provide guidance on the steps necessary to correct the information.
The RTF-1 form can typically be found on the New Jersey Division of Taxation’s website or at your local county clerk's office. Many real estate professionals and attorneys can also provide you with the form, along with assistance in completing it.
While you are not legally required to have assistance, consulting with a real estate attorney or a knowledgeable professional can be beneficial. They can ensure that the form is filled out correctly and that all necessary information is included, helping to prevent potential issues down the line.
Filling out the New Jersey Affidavit of Consideration RTF-1 form can be straightforward, but many make common mistakes that can lead to issues later on. One frequent error is leaving sections blank where information is required. Each part of the form has a specific purpose. Skipping questions could result in delays or even rejection of the document.
Another mistake is providing incorrect or outdated information, especially regarding property details. Ensure that the description of the property is accurate and matches public records. Discrepancies can cause confusion and may complicate the transaction.
People often forget to sign and date the form. Without a signature, the affidavit holds no legal validity. The date is essential as it marks when the affidavit was completed. Missing either can make the document unenforceable.
Failure to indicate whether the transaction is for a sale, gift, or another type of transfer is another common error. This designation is crucial for determining the tax implications and ensuring proper processing by local officials.
Some individuals may not understand the importance of including the correct party names. Listing incorrect names can lead to ownership disputes or incomplete paperwork. Always double-check that names are spelled correctly and match those on official identification.
Additionally, individuals often overlook the need for proper notarization. This step is necessary for many affidavits to be legally binding. A notary must witness the signature to ensure authenticity. Neglecting to have the form notarized can render it ineffective in legal matters.
Lastly, some might not keep a copy of the completed form for their records. Maintaining a personal copy is crucial for reference in future transactions or legal matters. Always keep a file with the original and all supporting documents for your safety.
The New Jersey Affidavit of Consideration RTF-1 form is an important document when it comes to property transactions. However, it is often used alongside other forms to ensure clarity and compliance. Here’s a brief overview of commonly used documents that can accompany the RTF-1 form.
Each of these documents plays a pivotal role in ensuring a smooth and legally compliant property transaction in New Jersey. By understanding these forms, you can navigate the process with greater confidence and clarity.
When filling out the New Jersey Affidavit of Consideration RTF-1 form, it’s important to be mindful of certain practices to ensure the process goes smoothly. Here’s a list of things you should and shouldn’t do:
The New Jersey Affidavit of Consideration RTF-1 form is often associated with real estate transactions and taxes. However, several misconceptions surround its use and requirements. Below are some common misunderstandings.
This is not true. While the form is commonly used in sales transactions, it is also necessary for other types of transfers, including gifts and intra-family transfers.
The requirement for the RTF-1 form applies to both residential and commercial properties. Therefore, any transfer of real estate may necessitate this affidavit.
While the form may seem simple, it often requires detailed financial information. Inaccuracies can lead to delays or complications in the transaction process.
The New Jersey Affidavit of Consideration RTF-1 form is an important document in real estate transactions. Below are key takeaways regarding its use and completion.
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