Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

Author: George A. McGowan, III

Date: July 1, 2026

Key Contacts

Back
New Jersey Mansion Tax on high-value real estate transactions

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions.

Whether you are purchasing, selling, or investing in New Jersey real estate, understanding the state’s Mansion Tax (officially the Supplemental Fee or Graduated Percent Fee) is essential to avoiding surprises at closing.

What Is the New Jersey Mansion Tax?

The New Jersey Mansion Tax (N.J.S.A. 46:15-7.2 et seq.) is an additional transfer fee imposed on certain real estate transactions involving consideration exceeding $1 million. Despite its name, the tax does not apply exclusively to luxury estates or mansions. In many parts of New Jersey, particularly in northern counties and along the shore, ordinary single-family homes may exceed the $1 million threshold.

The tax generally applies to transfers involving:

  • Residential properties (Class 2 properties);
  • Certain farm properties that include residential structures;
  • Cooperative units; and
  • Certain Class 4A commercial properties.

Who Pays the Tax?

Historically, the buyer was responsible for paying a flat 1% Mansion Tax on qualifying transactions. However, under amendments enacted in 2025, responsibility for the tax shifted to the seller for most transactions executed on or after July 10, 2025. The legislation also replaced the flat-rate structure with a graduated fee schedule for higher-priced properties.

As a result, sellers of qualifying properties should carefully account for these costs when evaluating listing prices, negotiating purchase agreements, and estimating net sale proceeds.

Current Tax Rates

The applicable rate is based on the total consideration paid for the property:

Sale PriceTax Rate
More than $1 million up to $2 million1%
More than $2 million up to $2.5 million2%
More than $2.5 million up to $3 million2.5%
More than $3 million up to $3.5 million3%
More than $3.5 million3.5%

Importantly, the applicable percentage is imposed on the entire purchase price, not merely the amount exceeding the threshold. For example, the sale of a property for $3.2 million may trigger a fee equal to 3% of the entire consideration. Accordingly, the tax can represent a substantial closing cost in higher-value transactions.

Are There Any Exemptions?

There are several exemptions from the New Jersey Mansion Tax. Certain exempt transactions may include:

  • Transfers between spouses or former spouses incident to divorce;
  • Transfers resulting from mergers or corporate reorganizations;
  • Certain deeds given for nominal consideration;
  • Transfers to or from governmental entities; and
  • Other transactions specifically exempted by statute.

Determining whether an exemption applies often requires a careful review of the property’s classification, the nature of the transfer, and the parties involved. Property owners should consult experienced legal counsel before assuming that a transaction qualifies for an exemption.

How Does the Mansion Tax Affect Real Estate Transactions?

The increased cost of high-value transactions affects negotiations in many New Jersey real estate deals. Because tax considerations can significantly affect the economics of a transaction, both buyers and sellers should address them early in the deal process rather than waiting until closing. Parties may seek to:

  • Adjust purchase prices to account for the additional transfer costs;
  • Reallocate responsibility for certain closing expenses through contract negotiations;
  • Structure transactions to address tax implications; and
  • Conduct additional due diligence regarding property classifications and available exemptions.

The Importance of Early Legal Review

Real estate transactions involving properties valued at more than $1 million frequently present complex legal and tax issues beyond the Mansion Tax itself. Questions concerning property classification, exemptions, title issues, entity ownership, and closing obligations can materially affect the parties’ rights and financial exposure.

Experienced counsel can help ensure that these issues are identified and addressed before they become costly problems. If you are buying, selling, or investing in New Jersey real estate, the experienced New Jersey real estate attorneys at Scarinci Hollenbeck can help you navigate the legal and practical considerations associated with the state’s Mansion Tax and other closing-related issues.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!