New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 16A - CONTROLLING INTEREST TRANSFER TAX
Subchapter 1 - CONTROLLING INTEREST TRANSFER TAX
Section 18:16A-1.2 - Calculation of the tax
Universal Citation: NJ Admin Code 18:16A-1.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) On and after August 1, 2006, a tax is imposed on the transfer of certain controlling interests. There are two different methods for calculating the tax that are used under differing circumstances. Under both methods the tax is paid by the purchaser.
1. The first method is used if consideration in
excess of $ 1,000,000 is paid for controlling interest in an entity, and the entity
possessing, directly or indirectly, the controlling interest in classified real
property owns only the classified real property. In this case the tax is calculated
by multiplying the consideration paid by one percent.
2. The second method is used if a controlling
interest in an entity is sold or transferred and the entity possesses, directly or
indirectly, a controlling interest in classified real property and also an interest
in other property, real or personal. In this second method, the equalized assessed
value of the classified property, not the amount of consideration paid for the
controlling interest itself, is used in the calculation of tax. In this situation,
the tax is paid only if the equalized assessed value of the classified real property
exceeds $ 1,000,000. The tax is calculated by multiplying the equalized assessed
value of the classified real property by one percent times the ownership percentage
transferred. Thus, the tax is measured by the portion of the equalized assessed
value that is proportional to the percentage of the total interest in the property
transferred.
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