The New Jersey Division of Taxation is providing clarification on allowable signature formats for GIT/REP forms and emphasizing that the decision to accept or reject a deed for recording is made by county clerks, not the Division of Taxation.
Under P.L. 2021, c. 179, electronic notarization and e-signatures are permitted for deeds transferring real property in New Jersey. However, the law change did not amend the nonresident gross income tax statutes to specifically address e-signatures for GIT/REP forms.
While county clerk offices determine whether a deed is acceptable for recording, the Division of Taxation accepts e-signatures on GIT/REP forms under specific conditions.
The preferred way to sign and submit Forms GIT/REP-1, 3, and 4A for e-recording is to print the completed GIT/REP form, physically sign it, scan and attach it as a PDF, and submit it along with the RTF-1 and any required payments when filing the deed. Alternatively, if at closing, the seller e-signs a completed official Form GIT/REP-1, 3, or 4A using DocuSign or similar applications at the same time as the deed is e-notarized and e-signed, this is also acceptable, and no resubmission is required if the county clerk’s office accepts and records the deed filing. However, if a county clerk rejects a deed filing solely due to the GIT/REP form, the seller must correct the GIT/REP form as requested by the county clerk and resubmit the filing.
For Forms GIT/REP-2 and 4, these forms require prior approval from the Division of Taxation and must include a physical raised seal. The originals must be physically submitted to the county clerk and cannot be submitted electronically.
Additionally, only official GIT/REP forms published by the Division of Taxation may be used. These forms are available on our website, and unofficial third-party versions are not permitted.