The New Jersey Affidavit of Consideration RTF-1 form is a legal document used to declare the consideration involved in a real estate transaction. This form is essential for ensuring transparency and compliance with state regulations during property transfers. To get started on filling out this important document, click the button below.
The New Jersey Affidavit of Consideration RTF-1 form plays a crucial role in real estate transactions within the state. This document is essential for buyers and sellers to disclose the consideration involved in a property transfer, ensuring transparency and compliance with state regulations. It outlines the purchase price and any additional terms agreed upon by the parties involved. By completing this affidavit, both the buyer and seller affirm the accuracy of the information provided, which is vital for tax assessment purposes. The form also serves to protect against potential disputes that may arise regarding the transaction's terms. Understanding the significance of the RTF-1 form can help streamline the closing process, making it an indispensable tool for anyone engaged in real estate dealings 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.
Completing the New Jersey Affidavit of Consideration RTF-1 form is an important step in your transaction process. Make sure to have all necessary information at hand to ensure a smooth filling experience. Follow these steps carefully to complete the form correctly.
The New Jersey Affidavit of Consideration RTF-1 form is a document used during real estate transactions. It provides important information about the consideration, or payment, involved in the sale of property. This form helps ensure that the correct amount of transfer tax is calculated and paid to the state.
Typically, the seller or the buyer of the property is responsible for completing the RTF-1 form. If you are involved in a real estate transaction in New Jersey, whether you are selling or purchasing a property, you will likely need to provide this affidavit to ensure compliance with state tax laws.
The RTF-1 form requires several key pieces of information, including:
Accurate and complete information is essential to avoid delays in the transaction.
The completed RTF-1 form must be submitted to the county clerk's office where the property is located. This step is crucial for ensuring that the property transfer is officially recorded. It is advisable to keep a copy of the submitted form for your records.
While there is no direct fee for filing the RTF-1 form itself, there are transfer taxes that must be paid when recording the deed. The amount of these taxes is based on the consideration stated in the RTF-1 form. Make sure to budget for these costs as part of your real estate transaction.
Failing to file the RTF-1 form can lead to several complications. The county clerk may refuse to record the deed, delaying the transfer of property ownership. Additionally, you may face penalties or additional taxes if the state determines that the transfer tax was not properly reported.
If you discover an error after submitting the RTF-1 form, it is important to correct it as soon as possible. You can typically do this by contacting the county clerk’s office for guidance on the amendment process. Prompt action can help avoid potential issues with the property transfer.
The RTF-1 form is available online through the New Jersey Division of Taxation’s website or directly from your local county clerk’s office. You can download it, fill it out, and print it for submission. Ensure you are using the most current version of the form to avoid any issues.
Incomplete Information: Failing to fill out all required fields can lead to delays or rejections. Ensure every section is completed thoroughly.
Incorrect Property Description: Providing an inaccurate or vague description of the property can create confusion. Be specific and accurate.
Not Signing the Form: Forgetting to sign the affidavit is a common oversight. Always double-check that you have signed where necessary.
Wrong Notary Information: If the notary's information is incorrect or missing, it can invalidate the document. Ensure the notary's details are correct.
Using Outdated Forms: Sometimes, people use old versions of the RTF-1 form. Always download the latest version from the official site.
Failure to Include Supporting Documents: Not attaching required documents can cause issues. Check what additional paperwork is necessary.
Misunderstanding Consideration Amount: Accurately stating the consideration amount is crucial. Miscalculating can lead to legal complications.
Ignoring Instructions: Skipping over the instructions can result in mistakes. Read all guidelines carefully before filling out the form.
Not Keeping Copies: Failing to keep a copy for personal records can be problematic. Always make copies of the completed form.
Submitting Late: Delaying submission can lead to penalties or issues with the transaction. Submit the form promptly to avoid complications.
The New Jersey Affidavit of Consideration RTF-1 form is an essential document used in real estate transactions. However, several other forms and documents often accompany it to ensure a smooth process. Below is a list of these documents, each serving a specific purpose in the transaction.
Each of these documents plays a critical role in the real estate transaction process in New Jersey. Ensuring that they are completed accurately and submitted on time is vital for a successful closing. Proper documentation minimizes the risk of disputes and facilitates a smoother transfer of ownership.
The New Jersey Affidavit of Consideration RTF-1 form shares similarities with the New Jersey Deed form. Both documents are essential in real estate transactions, as they provide crucial information about the transfer of property ownership. The Deed outlines the legal transfer of property from the seller to the buyer, while the Affidavit of Consideration details the financial aspects of the transaction. This includes the purchase price and any other considerations exchanged. Together, they ensure transparency and legality in property dealings.
Another document akin to the Affidavit of Consideration is the New Jersey Real Estate Transfer Tax form. This form is required when property is sold and outlines the tax obligations related to the transfer. Similar to the Affidavit of Consideration, it requires the disclosure of the sale price and is vital for compliance with state tax laws. Both documents work hand-in-hand to ensure that all financial aspects of a property transfer are accurately reported and taxed appropriately.
The New Jersey Sales Agreement also bears resemblance to the Affidavit of Consideration. This agreement outlines the terms and conditions of the sale between the buyer and seller, including the agreed-upon price. Like the Affidavit, it serves to document the financial transaction, although it is more comprehensive in detailing the responsibilities and rights of both parties. The Sales Agreement lays the groundwork for the transaction, while the Affidavit confirms the financial terms upon closing.
The New Jersey Title Insurance Policy is another related document. While the Affidavit of Consideration focuses on the financial aspects of a property sale, the Title Insurance Policy protects the buyer against any potential defects in the property title. Both documents are crucial in ensuring a smooth transaction, as they address different facets of the property transfer process. The Affidavit affirms the purchase price, while the Title Insurance Policy assures the buyer that they have clear ownership of the property.
Lastly, the New Jersey Closing Statement is similar to the Affidavit of Consideration in that it summarizes the financial details of the real estate transaction at closing. This statement itemizes all costs involved, including the purchase price, taxes, and fees. While the Affidavit of Consideration provides a sworn statement regarding the purchase price, the Closing Statement gives a comprehensive overview of all financial exchanges that occur at the closing table. Both documents are vital for ensuring that all parties understand their financial commitments and obligations.
When completing the New Jersey Affidavit of Consideration RTF-1 form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of actions to take and avoid:
Following these guidelines will help prevent delays in processing the form and ensure that all necessary information is submitted correctly.
The New Jersey Affidavit of Consideration RTF-1 form is often misunderstood. Here are six common misconceptions about this form:
Understanding these misconceptions can help ensure compliance with New Jersey's real estate regulations and facilitate smoother transactions.
When dealing with the New Jersey Affidavit of Consideration RTF-1 form, understanding its importance and proper usage is essential. Here are some key takeaways to keep in mind: