Exit Tax | Gary F. Woodend, MBA, JD (2024)

We can help you avoid the

Our esteemed, former governor, Jim McGreevy came up with this gimmick. The concern was that people were making a lot of profit when they sold their properties and moved out-of-state, which should be no surprise because they were tired of being taxed to death by the State of New Jersey. But, now being out-of-state residents, they weren’t filing their NJ tax returns the following April, and not reporting their capital gain, and not paying the capital gain tax. So, the plan was to add another tax for people moving out of state. Brilliant plan! That’s why it is called the “Exit Tax.”

This so-called Exit Tax is two percent of the gross sale price, without regard to whether there is a capital gain on the sale or not. For example, you could have paid $400,000 for your house in 2008 and sold it in 2013 for $300,000, (a loss of $100,000), but still have to pay $6,000 to the State of New Jersey. So, even though you lost money on the sale, you have to send 2% to the State. But, and this is the key point, you are paying the 2% as an estimated tax payment. This forces the seller moving out of state to file a New Jersey tax return for that year. If you lost money on the sale, or there is no capital gain tax to pay, you get your entire 2% back. If there is a capital gain to pay, it would be deducted from the estimated tax payment and the rest would be refunded to you. No need to panic. In fact, if you look at the GIT/REP-1 form, you will see that it is in fact the estimated tax payment form, exactly like you would have to file if you were self-employed and had to make estimated tax payments.

WE CAN HELP YOU AVOID THE NEW JERSEY EXIT TAX.

See link: http://www.state.nj.us/treasury/taxation/pdf/other_forms/tgi-ee/gitrep1.pdf

There are also many exemptions, the most common of which is that the property is your primary residence and you are exempt from capital gains under the Federal Tax Code (Section 121 of the Internal Revenue Code.

See link: http://www.irs.gov/publications/p523/ar02.html.

In other words, it has been your primary residence for two out of the last five years, it was not used for rental or business purposes, you have not used the homestead capital gain exemption in the last five years, etc. (I.R.C. Section 121)

See IRS Publication 523 for full explanation: http://www.irs.gov/publications/p523/ar02.html

For first rate legal representation for any real estate matter, call Gary F. Woodend, MBA, JD at 609-654-5489, or send and e-mail to gfwoodend@aol.com.

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Exit Tax | Gary F. Woodend, MBA, JD (2024)

FAQs

Can I avoid NJ exit tax? ›

New Jersey exit tax exemptions

If you remain a New Jersey resident, you'll need to file a GIT/REP-3 form (due at closing), which will exempt you from paying estimated taxes on the sale of your home. Instead, any applicable taxes on sales gains are reported on your New Jersey Gross Income Tax Return.

What is the exit tax charge? ›

The purpose of the Exit Tax is to prevent companies from avoiding tax when relocating assets. The rules provide for an Exit Tax on unrealised capital gains. This might occur where companies, without making an actual disposal, migrate their residence or transfer assets offshore.

What is included in exit tax? ›

The California exit tax explained: The California exit tax is a one-time tax that must be paid by businesses and individuals who relocate outside of California. The tax is based on the value of the business or individual's assets, including property, stocks, and other investments.

How much is the New Jersey exit tax? ›

How does the NJ Exit Tax work? The law states that New Jersey is to withhold either 8.97 percent of the profit/capital gain you make on the sale of your home or 2 percent of the total sale price: whichever amount is higher.

How to avoid green card exit tax? ›

Avoid Being A Long-Term Permanent Resident

One way to avoid green card exit tax is by not becoming a long-term permanent resident. If you haven't met the eight out of 15 years yet and want to surrender your green card, make sure to file Form I- 407 or make a treaty election in time.

What is the 183 day rule in New Jersey? ›

NJ residency laws then require you to live in your property for at least 183 days a year. You automatically become a resident once you meet this requirement.

How to calculate the exit tax? ›

The Exit Tax itself is computed as if you sold all of your worldwide assets on the day before you expatriated. Then, you are taxed on the gains. MYTH: I don't have a lot of assets, so I can't be subject to the US Exit Tax.

What is the exclusion amount for exit tax 2024? ›

The resulting gain from this “mark to market” transaction is subject to tax to the extent it exceeds an exclusion amount of $866,000 (for expatriations occurring in 2024 — indexed annually for inflation).

What is the exit charge rate? ›

Inheritance Tax is charged up to a maximum of 6% on assets — such as money, land or buildings — transferred out of a trust. This is known as an 'exit charge' and it's charged on all transfers of relevant property.

What is the 10 year exit tax? ›

The California exit tax is a tax on individuals and businesses who decide to move out of California. It's part of the larger California wealth tax, targeting the wealth of state residents. If your annual income exceeds $30 million, you could be subject to this tax for up to 10 years after leaving California.

What is the meaning of exit tax? ›

Exit tax may refer to: Expatriation tax or emigration tax, a tax on persons who cease to be tax resident in a country. Corporate exit tax, a tax on corporations who leave the country or transfer assets to another country.

Is an exit tax legal? ›

And when people leave the Golden State, others have claimed that they will face an exit tax from the Franchise Tax Board (FTB). However, this is simply not the case. There is no such thing as an exit tax. But if you leave the state of California, there are a few situations where they can still tax you.

How to avoid paying NJ exit tax? ›

Some sellers may be exempt from paying the Exit Tax. Exemptions may apply to individuals selling the property they use as their primary residence. However, this is only the case if they meet certain criteria, such as residing in the property for at least two of the five years preceding the sale.

What states have an exit tax? ›

Therefore, there is no state that technically has an exit tax, but there are other maneuvers that certain states can do to try to make life a bit harder for those looking to escape certain types of taxes.

Does New York have an exit tax? ›

Does New York have an exit tax? No, New York has no official exit tax for residents leaving the state. However, residents who move out of New York during the tax year are generally required to file a part-year resident tax return and pay income taxes on any income earned while residing in New York.

Is a state exit tax legal? ›

While there is no such thing as an exit tax, California can still impose taxes on its residents that leave. And if you don't want to face any additional taxes after you leave, then it would be best to abide by all the factors in the “close connection” test.

Do I have to pay taxes if I sell my house in NJ? ›

You will report any income earned on the sale of property as a capital gain. When filing your New Jersey Tax Return, a capital gain is calculated the same way as for federal purposes. Any amount that is taxable for federal purposes is taxable for New Jersey purposes.

Is military exempt from NJ exit tax? ›

Your service won't exempt you from the so-called exit tax. But here's the thing: the exit tax isn't actually an extra tax. It's an estimated tax payment.

Do you ever stop paying property taxes in NJ? ›

New Jersey does not have a provision that allows all seniors aged 65 or older to completely stop paying property taxes. However, New Jersey does have several programs aimed at providing tax relief for seniors, veterans, and others.

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