Key Takeaways
- New Jersey's top income tax rate is 10.75%—among the highest in the US
- NJ uses a 183-day statutory residency test plus domicile determination
- New Jersey shares data with NY and actively audits high-income departures
- Proper documentation is essential—NJ Treasury is aggressive with audits
Overview: New Jersey's Tax Burden
New Jersey has the third-highest top marginal income tax rate in the nation at 10.75%. Combined with high property taxes and cost of living, many New Jersey residents are relocating to Florida. However, the NJ Division of Taxation actively reviews departing residents.
New Jersey Tax Rates
| Taxable Income | Tax Rate |
|---|---|
| $0 - $20,000 | 1.4% |
| $20,001 - $35,000 | 1.75% |
| $35,001 - $40,000 | 3.5% |
| $40,001 - $75,000 | 5.525% |
| $75,001 - $500,000 | 6.37% |
| $500,001 - $1,000,000 | 8.97% |
| Over $1,000,000 | 10.75% |
Savings Examples
- $100,000 income: Save ~$4,500/year
- $150,000 income: Save ~$7,000/year
- $250,000 income: Save ~$12,500/year
- $500,000 income: Save ~$32,000/year
New Jersey Residency Rules
New Jersey determines residency through two tests:
1. Domicile Test
Your domicile is where you have your permanent home and intend to return. NJ examines:
- Where you maintain your primary residence
- Where your family lives
- Location of your business activities
- Where you vote and hold licenses
- Where you file federal returns from
2. Statutory Residency (183-Day Rule)
You're a statutory resident if you:
- Maintain a permanent place of abode in NJ, AND
- Spend more than 183 days in New Jersey
Properly Exiting New Jersey
Step 1: Establish Florida Domicile
- Get a Florida residential address
- File Florida Declaration of Domicile
- Get Florida driver's license (surrender NJ license)
- Register to vote in Florida
- Register vehicles in Florida
Step 2: Sever New Jersey Ties
- Sell or rent NJ property: If keeping, lease to unrelated party (12+ months)
- Close NJ bank accounts: Or change addresses to Florida
- Cancel memberships: Gyms, clubs, subscriptions
- Transfer professional licenses: To Florida where applicable
- Update employer: Ensure W-2 shows Florida address
Step 3: File Proper Tax Returns
- Move year: File NJ-1040NR (part-year/non-resident) reporting only NJ income
- Future years: File non-resident return only if you have NJ-source income
- Federal: File with Florida address
New Jersey Residency Audits
NJ Treasury has an active audit program targeting:
- High-income taxpayers who claim to have moved
- Residents claiming part-year status
- Former residents with ongoing NJ income sources
Information Sharing
New Jersey shares data with neighboring states, particularly New York. If you have ties to both states, expect scrutiny.
Audit Defense Documentation
Keep these records for at least 7 years:
- Florida Declaration of Domicile
- Florida driver's license and voter registration
- Moving company receipts
- Utility cancellation records
- Property sale or lease documents
- Calendar tracking days in each state
Special Situations
NJ Property Owners
Keeping a NJ home is a major audit risk. If you must keep property:
- Rent to an unrelated party at fair market value
- Sign a 12+ month lease
- Have no personal use rights to the property
- Document that this is purely an investment property
NYC Commuters
Many NJ residents work in NYC. If you establish Florida residency:
- NJ cannot tax your income (you're not a resident)
- NYC can only tax income for work physically performed there
- Remote work from Florida is not NYC-taxable
NJ Business Owners
If you own a NJ-based business:
- NJ may continue taxing income sourced from NJ operations
- Consider restructuring or relocating the business
- S-corp/partnership income may have NJ-source components
Recommended Timeline
- Before move: Secure Florida address, begin updating accounts
- Move date: Establish clear date of domicile change
- Within 30 days: Florida DL, voter registration, vehicle registration
- Within 90 days: Complete all address updates, cancel NJ ties
- Tax season: File NJ part-year return for move year
Get Started
Your Tax Base provides everything you need to establish Florida residency:
- Real Florida residential address
- Mail forwarding services
- Declaration of Domicile assistance
- Ongoing documentation support