Return of Income Tax Withholding for Nonresident Sale of Real Property

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    Return of Income Tax Withholding for Nonresident Sale of Real Property - Presentation Transcript

    1. Return of Income Tax Withholding for Maryland 2009 Form Nonresident Sale of Real Property MW506NRS Comptroller of Maryland Revenue Administration Division Annapolis, Maryland 21411-0001 1. Description and address of property transferred (include property account ID number) 7. Transferor/Seller is: Business Trust • ATTACH CHECK OR MONEY ORDER AND FILE WITH THE CLERK OF THE CIRCUIT COURT • An individual or a Revocable Living Trust A Partnership A Corporation An S Corporation A Trust or Estate A Limited Liability Company 8. Computation of Total Payment and Tax to be Withheld (See Instructions) 3. Check box if the transferor/seller 2. Date of transfer is reporting gain under the $ a. Total sales price _________________ Installment method b. Less selling expenses _________________________ 4. Transferor/Seller’s Identification no. 5. Spouse’s SSN c. Net sales price _________________ (SSN or FEIN) (Enter only one number) d. Less debts secured by mortgages or other liens on the property ________________________ 6. Transferor/Seller’s name (Enter only one name, unless husband and wife filing a joint e. Total payment _________________ return. If more than one transferor/seller, use separate forms for each) f. Transferor/seller’s ownership percentage ________________________ g. Transferor/seller’s share of total payment _________________ Street address h. Enter h(1) or h(2) whichever applies } (1) If a business entity - 8.25% (2) If an individual - 7.50% ________________________ i. Maryland Income Tax withheld City, state, and ZIP code (Multiply Line g by Line h) $ (If certificate of partial exemption granted, enter amount from Line 3 of the Form MW506E) Under penalties of perjury, I declare that I have examined this return and to the best of my knowledge and belief, it is true, correct and complete. If prepared by a person other than the transferor/seller, the declaration is based on all information to which the preparer has any knowledge. Signature Date Copy A - For Comptroller of Maryland, Revenue Administration Division. (File with Clerk of the Circuit Court) COM/RAD-308 (Rev. 06/08) INSTRUCTIONS FOR RETURN OF INCOME TAX WITHHOLDING FOR NONRESIDENT SALE OF REAL PROPERTY (FORM MW506NRS) What to file THERE ARE FOUR COPIES OF FORM MW506NRS. transferor/seller and the transferor/seller’s address. Do not Copies A and B of each Form MW506NRS must be enter the street address of the property being transferred. filed with the deed or other instrument of transfer General Instructions Line 7. Check the appropriate box for the transferor/seller. when presented to the Clerk of the Circuit Court for recordation. A separate check or money order in the Purpose of Form Line 8. If a Certificate of Partial Exemption is issued by the aggregate amount of the tax due for each nonresident Form MW506NRS is designed to assure the regular and Comptroller, do not complete lines 8a though 8h. Instead, enter transferor/seller with regard to a sale or transfer of real timely collection of Maryland income tax due from the amount from Line 3 of the Form MW506E on Line 8i. property must be paid to the Clerk. nonresident sellers of real property located within the Complete this section to determine the total payment State. This form is used to determine the amount of Give Copy C to the transferor/seller at closing. The allocable to the transferor/seller that is subject to the income income tax withholding due on the sale of property issuer retains Copy D. tax withholding requirements and the amount of tax required and provide for its collection at the time of the sale or to be withheld. The total payment is computed by deducting transfer. Specific Instructions from the total sales price (including the fair market value of any Who must file Form MW506NRS property or other nonmonetary consideration paid to or other- Line 1. Enter the street address for the property as If the transferor/seller is a nonresident individual or wise transferred to the transferor/seller) the amount of listed with the State Department of Assessments and nonresident entity, and is transferring an interest in real any mortgages or other liens, the commission payable on Taxation (SDAT). If the property does not have a street property located within the State of Maryland, unless the account of the sale, and any other expenses due from the address, provide such descriptive information as is used transaction is otherwise exempt from the income seller in connection with the sale. by SDAT to identify the property. Also include the SDAT tax withholding requirement, the person responsible for property account ID number for the parcel being trans- Line f. If there are multiple owners, enter the percentage of closing must file Form MW506NRS with the deed or ferred. If the property is made up of more than one parcel ownership of the transferor/seller for whom this form is being other instrument of transfer that will be filed with the and has more than one account number, include all filed. Clerk of the Circuit Court for recordation. If there are applicable account numbers. multiple transferors/sellers, a separate form must be Line g. Multiply line e by line f to determine the transferor/ Line 2. Enter the date of transfer. The date of transfer completed for each nonresident individual or nonresident seller’s share of the total payment. is the effective date of the deed as defined in §3-201 of entity subject to the withholding requirements. The the Real Property Article, Annotated Code of Maryland. separate form requirement does not apply to a husband Line h. Enter the applicable rate for the transferor/seller. The effective date is the later of: (1) the date of the last and wife filing a joint Maryland income tax return. Payment of Tax acknowledgement; or (2) the date stated in the deed. A “nonresident entity” is defined to mean an entity that: Make check or money order payable to the Clerk of the Circuit Line 3. Check the box if the transferor/seller is reporting (1) is not formed under the laws of Maryland more than Court for the county or Baltimore City in which the deed or the gain under the installment method. 90 days before the date of sale of the property, and (2) is other instrument of transfer will be presented for recordation. not qualified by or registered with the Department of Lines 4, 5 and 6. Unless transferors/sellers are husband Signature Assessments and Taxation to do business in Maryland and wife and filing a joint Maryland income tax return, a Copy A of this return must be verified and signed by the more than 90 days before the date of sale of the property. separate Form MW506NRS must be completed for each individual transferor/seller, an authorized person or officer of a transferor/seller that is entitled to receive any part of When to file Form MW506NRS business entity, or the person responsible for closing. the proceeds of the transfer. Enter the tax identification Unless the transaction is otherwise exempt from the number or social security number for the nonresident income tax withholding requirement, the person transferor/seller and the social security number for the responsible for closing must include with the deed or spouse, if applicable. (Do NOT enter the tax identification other instrument of transfer, a Form MW506NRS for each number on Copy B of Form MW506NRS.) Enter the name nonresident transferor/seller, when the deed or other (or names, if husband and wife filing a joint return) of the instrument of transfer is presented to the Clerk of the Circuit Court for recordation. (Rev. 06-08)
    2. Return of Income Tax Withholding for Maryland 2009 Form Nonresident Sale of Real Property MW506NRS Comptroller of Maryland Revenue Administration Division Annapolis, Maryland 21411-0001 1. Description and address of property transferred (include property account ID number) 7. Transferor/Seller is: Business Trust • ATTACH CHECK OR MONEY ORDER AND FILE WITH THE CLERK OF THE CIRCUIT COURT • An individual or a Revocable Living Trust A Partnership A Corporation An S Corporation A Trust or Estate A Limited Liability Company 8. Computation of Total Payment and Tax to be Withheld (See Instructions) 3. Check box if the transferor/seller 2. Date of transfer is reporting gain under the $ a. Total sales price _________________ Installment method b. Less selling expenses _________________________ 4. Transferor/Seller’s Identification no. 5. Spouse’s SSN c. Net sales price _________________ (SSN or FEIN) (Enter only one number) d. Less debts secured by mortgages or other liens on the property ________________________ 6. Transferor/Seller’s name (Enter only one name, unless husband and wife filing a joint e. Total payment _________________ return. If more than one transferor/seller, use separate forms for each) f. Transferor/seller’s ownership percentage ________________________ g. Transferor/seller’s share of total payment _________________ Street address h. Enter h(1) or h(2) whichever applies } (1) If a business entity - 8.25% (2) If an individual - 7.50% ________________________ i. Maryland Income Tax withheld City, state, and ZIP code (Multiply Line g by Line h) $ (If certificate of partial exemption granted, enter amount from Line 3 of the Form MW506E) Copy B - For Clerk of the Court COM/RAD-308 (Rev. 06/08) INSTRUCTIONS FOR RETURN OF INCOME TAX WITHHOLDING FOR NONRESIDENT SALE OF REAL PROPERTY (FORM MW506NRS) THERE ARE FOUR COPIES OF FORM MW506NRS. General Instructions Purpose of Form Form MW506NRS is designed to assure the regular and timely collection of Maryland income tax due from nonresident sellers of real property located within the State. This form is used to determine the amount of income tax withholding due on the sale of property and provide for its collection at the time of the sale or transfer. What to file A copy of each Copy A will be filed with Form MW508NRS on or before the 21st day of the month following the month in which the Form MW506NRS is filed with the Clerk of the Circuit Court. The Clerk of the Circuit Court shall remit the forms to the Comptroller of Maryland in accordance with the instructions for Form MW508NRS.
    3. Return of Income Tax Withholding for Maryland 2009 Form Nonresident Sale of Real Property MW506NRS Comptroller of Maryland Revenue Administration Division Annapolis, Maryland 21411-0001 1. Description and address of property transferred (include property account ID number) 7. Transferor/Seller is: Business Trust An individual or a Revocable Living Trust A Partnership A Corporation An S Corporation A Trust or Estate A Limited Liability Company 8. Computation of Total Payment and Tax to be Withheld (See Instructions) 3. Check box if the transferor/seller 2. Date of transfer is reporting gain under the $ a. Total sales price _________________ Installment method b. Less selling expenses _________________________ 4. Transferor/Seller’s Identification no. 5. Spouse’s SSN c. Net sales price _________________ • TRANSFERS OR/SELLERS COPY • (SSN or FEIN) (Enter only one number) d. Less debts secured by mortgages or other liens on the property ________________________ 6. Transferor/Seller’s name (Enter only one name, unless husband and wife filing a joint e. Total payment _________________ return. If more than one transferor/seller, use separate forms for each) f. Transferor/seller’s ownership percentage ________________________ g. Transferor/seller’s share of total payment _________________ Street address h. Enter h(1) or h(2) whichever applies } (1) If a business entity - 8.25% (2) If an individual - 7.50% ________________________ i. Maryland Income Tax withheld City, state, and ZIP code (Multiply Line g by Line h) $ (If certificate of partial exemption granted, enter amount from Line 3 of the Form MW506E) Copy C - For Transferor/Seller (Records Copy). COM/RAD-308 (Rev. 06/08) INSTRUCTIONS FOR RETURN OF INCOME TAX WITHHOLDING FOR NONRESIDENT SALE OF REAL PROPERTY (FORM MW506NRS) THERE ARE FOUR COPIES OF FORM MW506NRS. Specific Instructions for Transferor/Seller This tax, and any other tax paid with the Form 510 must be allocated to the nonresident shareholders, partners or How to claim the tax withheld General Instructions members and reported on a modified federal Schedule K-1 The manner in which the income tax withheld is claimed or Maryland statement. All tax allocated to a nonresident by the nonresident individual or nonresident entity shareholder, partner or member must be claimed as a Purpose of Form depends on the type of Maryland income tax return you nonresident tax paid by S corporations, or other Form MW506NRS is designed to assure the regular and are required to file. Follow the specific instructions below. unincorporated business entities. timely collection of Maryland income tax due from Claiming the income tax withheld on a line other than nonresident sellers of real property located within the Trusts and Estates as described below may result in the withholding being State. This form is used to determine the amount of denied. Trustees of trusts and personal representatives of estates are income tax withholding due on the sale of property required to file a Maryland Fiduciary Income Tax Return (Form and provide for its collection at the time of the sale or Individuals and Revocable Living Trusts 504). The income tax withheld and reported on Line 8 of the transfer. Nonresident individuals are required to file a Nonresident Form MW506NRS must be claimed as an estimated tax Maryland Income Tax Return (Form 505). The income tax payment. Who must file withheld and reported on Line 8 of the Form MW506NRS A nonresident individual or nonresident entity that sells must be claimed as an estimated income tax payment. real property located in Maryland must file a Maryland income tax return. The appropriate income tax return C Corporations must be filed for the year in which the transfer of the real C Corporations are required to file a Maryland property occurred. The due date for each income tax Corporation Income Tax Return (Form 500). The return type can be found in the instructions to the spe- income tax withheld and reported on Line 8 of the cific income tax return. Form MW506NRS must be claimed as an estimated income tax payment. What to file The nonresident individual or nonresident entity must file S Corporations, Partnerships and Limited Liability the appropriate Maryland income tax return for the year Companies and Business Trusts in which the transfer of the property occurred. Do NOT S corporations, partnerships and limited liability submit Copy C of the Form MW506NRS with the return companies and business trusts that elect to be treated filed with the Comptroller of Maryland. See the specific as pass-through entities must file a Maryland Pass- instructions for the tax return being filed. through Entity Income Tax Return (Form 510). The income tax withheld and reported on Line 8 of the Form MW506NRS must be claimed as an estimated income tax payment.
    4. Return of Income Tax Withholding for Maryland 2009 Form Nonresident Sale of Real Property MW506NRS Comptroller of Maryland Revenue Administration Division Annapolis, Maryland 21411-0001 1. Description and address of property transferred (include property account ID number) 7. Transferor/Seller is: Business Trust An individual or a Revocable Living Trust A Partnership A Corporation An S Corporation A Trust or Estate A Limited Liability Company 8. Computation of Total Payment and Tax to be Withheld (See Instructions) 3. Check box if the transferor/seller 2. Date of transfer is reporting gain under the $ a. Total sales price _________________ Installment method b. Less selling expenses _________________________ 4. Transferor/Seller’s Identification no. 5. Spouse’s SSN • RETAIN WITH SETTLEMENT FILE • c. Net sales price _________________ (SSN or FEIN) (Enter only one number) d. Less debts secured by mortgages or other liens on the property ________________________ 6. Transferor/Seller’s name (Enter only one name, unless husband and wife filing a joint e. Total payment _________________ return. If more than one transferor/seller, use separate forms for each) f. Transferor/seller’s ownership percentage ________________________ g. Transferor/seller’s share of total payment _________________ Street address h. Enter h(1) or h(2) whichever applies } (1) If a business entity - 8.25% (2) If an individual - 7.50% ________________________ i. Maryland Income Tax withheld City, state, and ZIP code (Multiply Line g by Line h) $ (If certificate of partial exemption granted, enter amount from Line 3 of the Form MW506E) Copy D - For Issuer COM/RAD-308 (Rev. 06/08) INSTRUCTIONS FOR RETURN OF INCOME TAX WITHHOLDING FOR NONRESIDENT SALE OF REAL PROPERTY (FORM MW506NRS) What to file THERE ARE FOUR COPIES OF FORM MW506NRS. spouse, if applicable. (Do NOT enter the tax identification Copies A and B of each Form MW506NRS must be filed number on Copy B of Form MW506NRS.) Enter the name with the deed or other instrument of transfer when General Instructions (or names, if husband and wife filing a joint return) of the presented to the Clerk of the Circuit Court for transferor/seller and the transferor/seller’s address. Do not recordation. A separate check or money order in the enter the street address of the property being transferred. Purpose of Form aggregate amount of the tax due for each nonresident Form MW506NRS is designed to assure the regular and Line 7. Check the appropriate box for the transferor/seller. transferor/seller with regard to a sale or transfer of real timely collection of Maryland income tax due from property must be paid to the Clerk. nonresident sellers of real property located within the Line 8. If a Certificate of Partial Exemption is issued by the State. This form is used to determine the amount of Give Copy C to the transferor/seller at closing. The Comptroller, do not complete lines 8a though 8h. Instead, income tax withholding due on the sale of property issuer retains Copy D. enter the amount from Line 3 of the Form MW506E on Line 8i. and provide for its collection at the time of the sale or transfer. Complete this section to determine the total payment Specific Instructions allocable to the transferor/seller that is subject to the income Who must file Form MW506NRS tax withholding requirements and the amount of tax required Line 1. Enter the street address for the property as If the transferor/seller is a nonresident individual or entity, to be withheld. The total payment is computed by deducting listed with the State Department of Assessments and and is transferring an interest in real property located from the total sales price (including the fair market value of Taxation (SDAT). If the property does not have a street within the State of Maryland, unless the transaction any property or other nonmonetary consideration paid to or address, provide such descriptive information as is used is otherwise exempt from the income tax withholding otherwise transferred to the transferor/seller) the amount of any by SDAT to identify the property. Also include the SDAT requirement, the person responsible for closing must mortgages or other liens, the commission payable on account property account ID number for the parcel being file Form MW506NRS with the deed or other instrument of the sale, and any other expenses due from the seller in transferred. If the property is made up of more than one of transfer that will be filed with the Clerk of the Circuit connection with the sale. parcel and has more than one account number, include Court for recordation. If there are multiple transferors/ all applicable account numbers. sellers, a separate form must be completed for each Line f. If there are multiple owners, enter the percentage of nonresident individual or nonresident entity subject to ownership of the transferor/seller for whom this form is being Line 2. Enter the date of transfer. The date of transfer the withholding requirements. The separate form filed. is the effective date of the deed as defined in §3-201 of requirement does not apply to a husband and wife the Real Property Article, Annotated Code of Maryland. filing a joint Maryland income tax return. Line g. Multiply line e by line f to determine the transferor/ The effective date is the later of: (1) the date of the last seller’s share of the total payment. When to file Form MW506NRS acknowledgement; or (2) the date stated in the deed. Unless the transaction is otherwise exempt from the Line h. Enter the applicable rate for the transferor/seller. Line 3. Check the box if the transferor/seller is reporting income tax withholding requirement, the person the gain under the installment method. responsible for closing must include with the deed or Payment of Tax other instrument of transfer, a Form MW506NRS for each Make check or money order payable to the Clerk of the Circuit Lines 4, 5 and 6. Unless transferors/sellers are husband nonresident transferor/seller, when the deed or other Court for the county or Baltimore City in which the deed or and wife and filing a joint Maryland income tax return, a instrument of transfer is presented to the Clerk of the other instrument of transfer will be presented for recordation. separate Form MW506NRS must be completed for each Circuit Court for recordation. transferor/seller that is entitled to receive any part of the proceeds of the transfer. Enter the tax identification number or social security number for the nonresident transferor/seller and the social security number for the
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