Selling a house in New Jersey means giving up a slice of the proceeds before you ever see them. On a typical sale above $350,000, expect the state Realty Transfer Fee to run roughly $4,000 to $6,000, and that’s just the baseline. NJ home sale taxes can also include a nonresident estimated income tax payment collected at closing, a graduated percentage fee on sales over $1 million, and capital gains tax at both the state and federal level on any profit above the principal residence exclusion. Every one of these hits at or before closing, or shortly after when you file your return, so pricing them in ahead of time is the only way to know your real walk-away number.
The Realty Transfer Fee Every Seller Pays
The Realty Transfer Fee is mandatory whenever a deed is recorded in New Jersey. It’s set by N.J.S.A. 46:15-7 and calculated on a sliding scale based on the sale price.1Justia. New Jersey Code 46-15-7 – Realty Transfer Fees Two entirely separate rate schedules apply depending on whether the price is above or below $350,000.
Sales of $350,000 or Less
At or below $350,000, the general purpose fee doesn’t apply and the rates are lower:2New Jersey Division of Taxation. Realty Transfer Fees Frequently Asked Questions
- First $150,000: $2.00 per $500 of consideration
- $150,001 to $200,000: $3.35 per $500
- $200,001 to $350,000: $3.90 per $500
A $325,000 sale produces a fee of $1,910.
Sales Over $350,000
Cross $350,000 and the general purpose fee kicks in, raising the rate in every bracket:2New Jersey Division of Taxation. Realty Transfer Fees Frequently Asked Questions
- First $150,000: $2.90 per $500
- $150,001 to $200,000: $4.25 per $500
- $200,001 to $550,000: $4.80 per $500
- $550,001 to $850,000: $5.30 per $500
- $850,001 to $1,000,000: $5.80 per $500
- Over $1,000,000: $6.05 per $500
The change isn’t gradual. A $351,000 sale gets recalculated from the ground up under the higher schedule, so the fee jumps noticeably compared with $349,000. If a final negotiated price is sitting near that line, the math matters.
A Worked Example at $500,000
Every $500 of price counts as one unit, so you divide each bracket’s range by 500 to get units. On a $500,000 sale:
- First $150,000: 300 units × $2.90 = $870
- $150,001–$200,000: 100 units × $4.25 = $425
- $200,001–$500,000: 600 units × $4.80 = $2,880
Total: $4,175.
Who Pays Less or Nothing
Sellers who are 62 or older, legally blind, or permanently disabled qualify for a partial exemption at a reduced rate schedule, as long as the property is their primary residence.2New Jersey Division of Taxation. Realty Transfer Fees Frequently Asked Questions Low- and moderate-income housing also qualifies. To claim the reduction, complete Form RTF-1 (Affidavit of Consideration for Use by Seller), have it notarized, and record it with the deed. Miss that step and you pay the full rate, with a much harder path to recovering the difference later.
Some deeds owe no fee at all. The most common full exemptions include transfers for less than $100, transfers between spouses or between a parent and child, corrective deeds, deeds recorded within 90 days of a divorce decree between the grantor and grantee, transfers from an executor or administrator to an heir or devisee, and transfers to or from government bodies.3Justia. New Jersey Code 46-15-10 – Exemptions From Fee You still record the deed, but the transfer fee line is zero.
The Graduated Fee on Sales Over $1 Million
Sales above $1 million trigger a separate surcharge on top of the standard Realty Transfer Fee. This was long known as the “mansion tax,” a flat 1% paid by the buyer. New Jersey’s FY 2026 budget rewrote the rule: for contracts executed on or after July 10, 2025, the seller pays, and the rate is graduated:4New Jersey Division of Taxation. Property Sale Realty Transfer Fee
- $1,000,001–$2,000,000: 1% of the entire sale price
- $2,000,001–$2,500,000: 2% of the entire sale price
- $2,500,001–$3,000,000: 2.5% of the entire sale price
- $3,000,001–$3,500,000: 3% of the entire sale price
- Over $3,500,000: 3.5% of the entire sale price
The percentage applies to the full consideration, not just the portion above $1 million.5Justia. New Jersey Code 46-15-7.2 – Additional Fee on Certain Transfers of Real Property Over $1,000,000 That’s a large distinction at the higher tiers. A $2.75 million sale owes 2.5% on the full $2.75 million, which comes to $68,750 on top of the standard fee. The graduated fee covers Class 2 residential properties, cooperative units, farm property that includes a residential building, and Class 4A commercial properties.
The Nonresident Estimated Tax Payment
Sellers who don’t live in New Jersey owe an estimated gross income tax payment at closing, often called the “exit tax.” It isn’t a separate tax. It’s a prepayment against the state income tax you’ll owe on any gain from the sale. Without proof of payment or an exemption, the county clerk won’t record the deed.6Justia. New Jersey Code 54A-8-10 – Filing of Estimated Tax Form Required, Exceptions
The payment equals your reportable gain times New Jersey’s highest income tax rate (currently 10.75%), but it cannot be less than 2% of the total sale price.7New Jersey Division of Taxation. Technical Bulletin TB-57R – Estimated Gross Income Tax Payment Requirements In practice, that 2% floor is what most nonresidents end up paying, because it usually exceeds the gain-based calculation on homes held a long time with a high adjusted basis. A $600,000 sale carries at least $12,000 in estimated tax at closing regardless of how modest your actual gain is.
Because the floor runs conservative, many nonresident sellers overpay. To recover the excess, file a New Jersey nonresident return (Form NJ-1040NR) for the year of the sale, report the actual gain, and claim the estimated payment as a credit.8New Jersey Division of Taxation. NJ-1040NR Nonresident Income Tax Return Instructions Attach a copy of your GIT/REP-1 or GIT/REP-2 so the Division of Taxation can match the payment. You generally have three years from the return’s due date to claim the refund.
New Jersey residents don’t owe this payment. Instead you sign Form GIT/REP-3 certifying residency, and the settlement agent hands it to the county clerk with the deed.9New Jersey Division of Taxation. GIT/REP-3 Seller’s Residency Certification/Exemption Tax on any taxable gain is still owed when you file your annual return.
Capital Gains Tax on the Profit
New Jersey taxes gains from home sales as ordinary income, using the same gain calculation as your federal return: sale price minus selling expenses minus adjusted basis (original purchase price plus capital improvements).10New Jersey Division of Taxation. Income Tax – Sale of a Residence Whatever is taxable federally is taxable in New Jersey.
The Principal Residence Exclusion
New Jersey follows the federal exclusion under IRC Section 121: up to $250,000 of gain for a single filer, up to $500,000 for married filing jointly.11Office of the Law Revision Counsel. 26 USC 121 – Exclusion of Gain From Sale of Principal Residence You must have owned and lived in the home as your primary residence for at least two of the five years before the sale.10New Jersey Division of Taxation. Income Tax – Sale of a Residence
Any gain over the exclusion is taxed at New Jersey’s ordinary rates, which run from 1.4% on the first $20,000 of taxable income up to 10.75% on income over $1 million. The gain stacks on top of your other income for the year, so where it lands in the brackets depends on your total earnings.
Adjusted Basis and Improvements
Your adjusted basis is the biggest lever for reducing taxable gain. Start with the original purchase price, then add capital improvements: a new roof, kitchen renovation, added bathroom, finished basement, or major system replacements like HVAC or plumbing. Cosmetic maintenance and routine repairs don’t count. Keep receipts. The Division of Taxation can ask for documentation and you’ll need it when filing.12New Jersey Department of the Treasury. Buying or Selling a Home in New Jersey
Federal Capital Gains on Top
The same Section 121 exclusion applies federally, so federal tax hits only on gain above $250,000 or $500,000.13Internal Revenue Service. Publication 523 – Selling Your Home If you held the home more than a year, taxable gain is a long-term capital gain, taxed at 0%, 15%, or 20% depending on total taxable income. High earners with modified adjusted gross income above $200,000 (single) or $250,000 (married filing jointly) also face the 3.8% Net Investment Income Tax on the smaller of net investment income or the excess over the threshold, pushing the top effective federal rate on a home sale gain to 23.8%.
If You Inherited the Home
Inherited property doesn’t carry the original owner’s cost basis. Under federal law, the basis is “stepped up” to the home’s fair market value on the date of the decedent’s death.14Office of the Law Revision Counsel. 26 USC 1014 – Basis of Property Acquired From a Decedent New Jersey follows the same rule for state purposes.
The step-up often erases most of the gain when heirs sell within a reasonable window. A parent’s $80,000 purchase price from decades ago becomes a $450,000 basis if that was the fair market value at death; a sale at $475,000 produces only a $25,000 gain. If the home’s value dropped between death and sale, the basis steps down to the lower fair market value, which can produce a deductible loss.
FIRPTA Withholding for Foreign Sellers
Foreign nationals (sellers who are not U.S. citizens or resident aliens) face a separate federal withholding under the Foreign Investment in Real Property Tax Act. The buyer withholds a percentage of the gross sale price and sends it to the IRS:15Office of the Law Revision Counsel. 26 USC 1445 – Withholding of Tax on Dispositions of United States Real Property Interests
- No withholding if the price is $300,000 or less and the buyer will use the property as a residence.
- 10% if the price is $300,001–$1,000,000 and the buyer will use it as a residence.
- 15% on all other sales above $300,000.
FIRPTA is federal and separate from the New Jersey estimated payment. A foreign seller who is also a nonresident of New Jersey owes both, which can tie up a large share of the proceeds until refunds are processed. Foreign sellers can apply for an IRS withholding certificate to reduce the amount if the actual tax liability will be lower.
The Forms Your Settlement Agent Needs
Every payment and certification runs through a short list of state forms. Your attorney or title company collects them at closing.
- GIT/REP-1: nonresident sellers declare and pay the estimated tax at closing. The form and payment go to the county clerk with the deed.16New Jersey Division of Taxation. GIT/REP-1 Nonresident Seller’s Tax Declaration
- GIT/REP-2: prepay the estimated tax directly to the Division of Taxation before closing, instead of paying through the settlement agent.
- GIT/REP-3: resident sellers and certain exempt nonresidents certify that no estimated payment is required. The county clerk attaches it to the deed at recording.9New Jersey Division of Taxation. GIT/REP-3 Seller’s Residency Certification/Exemption
Without the correct GIT/REP form and any required payment, the deed won’t record.6Justia. New Jersey Code 54A-8-10 – Filing of Estimated Tax Form Required, Exceptions Keep copies. You’ll need them when filing your annual New Jersey return to claim credit for the estimated payment and reconcile it against the tax actually owed on your real gain. Overpayment comes back as a refund; underpayment (unusual, but possible with a very large gain) is settled on that same return.