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GIT/REP · Nonresident withholding · Refunds

The New Jersey exit tax, explained

Few phrases cause more anxiety at a Bergen County dinner table than 'exit tax.' The good news: it isn't an extra tax. Here's exactly what it is, who owes it, and how most sellers moving to Florida reduce or eliminate it.

New Jersey's "exit tax" is the nickname for an estimated Gross Income Tax payment collected at closing when a nonresident, or a resident who is moving out of state, sells New Jersey real estate. It exists so the state collects tax on the gain before the seller leaves. It's a deposit, not a penalty, and it's credited on your New Jersey return.

How much is withheld

The estimated payment is the greater of:

  • 2% of the total sale price, or
  • the taxable gain multiplied by New Jersey's highest income-tax rate for the year (currently 10.75%).

Because it's based on the higher figure, sellers with little or no gain still see 2% of the price withheld unless they qualify for an exemption.

The forms

  • GIT/REP-1: the nonresident seller's declaration; the estimated payment is made with it at closing.
  • GIT/REP-2: used when the seller prepays directly with the Division of Taxation before closing and brings the receipt.
  • GIT/REP-3: the seller's residency certification or exemption. Residents certify here, and nonresidents claim exemptions, most commonly that the entire gain is excluded under the federal primary-residence rule (Section 121), or that the transaction is a 1031 exchange, gift or transfer between spouses.
  • GIT/REP-4: a waiver request for unusual situations.

How to legally reduce or avoid it

  1. Sell while you're still a New Jersey resident. Residents certify on GIT/REP-3 and no withholding is taken; the gain is simply reported on the normal NJ-1040. Many families close on the New Jersey home before changing domicile for exactly this reason.
  2. Claim the primary-residence exclusion. If your entire gain is excludable under federal Section 121 (up to $500,000 for a married couple who've lived there two of the last five years), you can certify the exemption on GIT/REP-3 and avoid withholding.
  3. Elect the gain method if your gain is small. If 10.75% of your gain is less than 2% of the price, the gain method may still be the better calculation; your closing attorney handles the election.
  4. File and get the refund. If you overpaid, the excess comes back when you file your NJ-1040NR (or part-year NJ-1040) for the year of sale.
Sequence matters. Selling the New Jersey home before you change domicile avoids the withholding entirely; selling after can mean 2% of the price tied up until you file. Talk to your CPA and closing attorney about the order of operations before you list.

What's waiting on the other side

Florida has no state income tax and no withholding on your future Florida sale, no estate tax and no inheritance tax (New Jersey still taxes inheritances to non-lineal heirs). See the New Jersey to Boca Raton guide for where Bergen, Essex, Morris and Shore families settle.

Why Boca Raton, specifically

South Florida has a dozen luxury markets. Relocating families keep choosing Boca Raton because it combines things the others split up: a real downtown (Mizner Park, Royal Palm Place, the Boca Raton Museum of Art and The Boca Raton resort), five miles of mostly uncrowded beach, a dense cluster of private golf and yacht clubs, strong public and private schools, two international airports within about 30 minutes, a Brightline station for Miami and Orlando, and an executive airport for private aviation right in the city.

East Boca Raton, east of I-95 and especially east of Federal Highway, is where most relocating buyers at the top of the market settle: the deep-water estates of Royal Palm Yacht & Country Club, the Intracoastal homes of Lake Rogers Isle, the walkable Golden Triangle, the private-club life at St Andrews Country Club, and the oceanfront and Intracoastal condominiums along A1A and downtown.

This page is general information for people considering a move to Boca Raton. It is not tax, legal or financial advice. Rates, exemptions and deadlines change; verify current figures with a CPA or attorney licensed in the states involved.

Questions we hear most

Frequently asked

Is the New Jersey exit tax a real tax?

No. It's an estimated income-tax payment collected at closing from nonresident or departing sellers of New Jersey real estate, credited on your New Jersey return for the year of sale. Any overpayment is refunded.

How is the New Jersey exit tax calculated?

The greater of 2% of the sale price or the taxable gain multiplied by New Jersey's top income-tax rate, currently 10.75%.

How do I avoid the New Jersey exit tax when moving to Florida?

Sell while still a New Jersey resident, or certify on form GIT/REP-3 that your entire gain is excluded under the federal primary-residence rule. Otherwise, pay at closing and claim the refund on your New Jersey return.

Do New Jersey residents pay the exit tax?

No. Residents certify their residency on GIT/REP-3 and no withholding is taken; they report the gain on their regular NJ-1040.

Where relocating buyers land

East Boca Raton's signature neighborhoods

Each has its own site with a live map of homes for sale, under contract and recently sold.

Ricky Estera, luxury realtor, Prime Properties of South Florida
Meet Ricky Estera

Your guide to super-luxury living in East Boca Raton

Ricky Estera has lived in the Boca Raton and Delray Beach area for more than three decades and represents buyers and sellers of the region's most distinguished waterfront, oceanfront and country club estates. Families relocating from the Northeast, the West Coast and abroad rely on Ricky because he knows these neighborhoods house by house: the deep-water canals of Royal Palm Yacht & Country Club, the Intracoastal estates of Lake Rogers Isle, the walkable Golden Triangle, the fairways of St Andrews and the oceanfront towers along A1A.

Relocation is more than a purchase. Ricky coordinates private tours around your flight schedule, introduces you to club membership directors, school admissions and local advisors, and keeps everything discreet from the first call to closing.

Private relocation consultation

Planning a move to Boca Raton?

Tell Ricky where you're coming from and what you're looking for. He'll put together neighborhood recommendations, a private tour itinerary and introductions to the advisors you'll need, with no obligation.