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   2009                       Application for Certificate of
                               Full or Partial Exemption
     MARYLAND

        FORM
                                   For Calendar Year 2009 or other tax year
 MW506AE
                          Beginning ________________ , 2009 and Ending ________________
NOTE: This form is to be used only to request a Certificate of Full or Partial Exemption from the withholding requirements on the proceeds of the sale of real property and
associated personal property in Maryland by nonresident individuals and nonresident entities. This form must be RECEIVED by the Comptroller of Maryland, Revenue
Administration Division, NRS Exemption Requests, P.O. Box 2031, Annapolis, MD 21404-2031 no later than 21 days before the closing date.

                                                               Transferor/Seller’s Information
                                                                      Last Name
Name (If joint, give first names and initials of both)                                                                          Your Social Security Number


                                                                                                                                Spouse’s Social Security Number
Name (Corporation, Partnership, Trust, Estate, etc.)


T/A or C/O or Fiduciary                                                                                                         Federal Employer I.D. Number


Address (Number and street)


City, State and Zip Code (province, postal code and country)


                                                                                                                                Ownership Percentage
Transferor/Seller’s Entity Type
    Individual                            Limited Liability Company            Trust
     C Corporation                        Limited Liability Partnership        Other:
                                                                               ______________________________________             _____________________________ %
     S Corporation                        Business Trust
     Partnership                          Estate
                                                                      Property Information
Description of Property (Include address, or district, subdistrict and lot numbers if no address is available)                  Date of Closing


                                                                                                                                Contract Sales Price


                                                                                                                                Property Account ID Number



                                                                                       Transferor/Seller’s Adjusted Basis:
Transferor/Seller’s Acquired Property By
     Purchase                            1031 Exchange
                                                                                             Purchase price                    $ ________________________________
     Gift                                Foreclosure/Repossession
                                                                                             Add: capital improvements
     Inheritance                          Other: _____________________________
                                                                                                  and settlement costs            ________________________________
Use of Property at Time of Sale:
                                                                                             Less: depreciation (if any)          ________________________________
   Rental/Commercial                     Vacant land
                                                                                             Adjusted basis:                   $ ________________________________
     Secondary/Vacation                  Other: _____________________________
Length of time used for this purpose: Years ___________ Months ________

                                                              Transferee/Buyer’s Information
Name (If joint, give first names and initials of both)


Name (Corporation, Partnership, Trust, Estate, etc.)


Address (Number and street)


City, State and Zip Code (province, postal code, and country)


Transferee/Buyer’s Entity Type
     Individual                           Partnership                               Business Trust                            Trust
     C Corporation                       Limited Liability Company                  Estate                                   Other:
                                                                                                                         _____________________________________
     S Corporation                        Limited Liability Partnership
COM/RAD-306 (Rev. 06-08)
2009
 MARYLAND FORM
                                             Application for Certificate of Full or Partial Exemption
 MW506AE                                                                                               Page 2
Transfer/Sellers Name                                                                                                                                           Your Social Security Number/FEIN


                                                       Reason for Full or Partial Exemption from Withholding
                                                                            (Attach documentation and calculation)
                                                                                                                                           Amount of Total Payment Subject to Tax is:
                                           Reason for Exemption                                                                 None (totally Exempt)              Only a portion
 1.        Transfer is to a corporation controlled by transferor for purposes of IRC
                                                                                                                                                                                   $ ______________________
           §351:
 2.        Transfer is pursuant to a tax-free reorganization for purposes of IRC §351:
                                                                                                                                                                                   $ ______________________

 3.        Transfer is pursuant to an installment sale under IRC §453 and the
           transferor/seller will receive less than the full purchase price during the                                                                                             $ ______________________
           taxable year.

 4.        Transfer is by a tax-exempt entity for purposes of IRC §501(a) and transfer
           involves limited or no unrelated business taxable income under IRC §512:
                                                                                                                                                                                   $ ______________________
 5.        Transfer is by transferor to a partnership, such that no gain or loss is
           recognized on the transfer under IRC §721:                                                                                                                              $ ______________________
 6.        Transfer is treated as a transfer by a partnership for purposes of IRC §731:
                                                                                                                                                                                   $ ______________________
 7.        Transfer is treated as a transfer by a real estate investment trust for purposes
           of IRC §857:                                                                                                                                                            $ ______________________

 8.        Transfer is a tax-free exchange for purposes of IRC §1031 and is treated as:
                simultaneous without boot,
                simultaneous with boot, or
                delayed, with funds in escrow for acquiring replacement property:                                                                                                  $ ______________________
 9.        Transfer is pursuant to a condemnation and conversion into similar property
           for purposes of IRC §1033.                                                                                                                                              $ ______________________
 10.       Transfer is between spouses or incidents to divorce for purposes or IRC
           §1041:                                                                                                                                                                  $ ______________________
 11.       Transfer is treated as a transfer by an S corporation for purposes of IRC
           IRC §1368:
                                                                                                                                                                                   $ ______________________
 12.       Transfer is by transferor to a disregarded entity, classified as such under 26
           CFR §301.7701-3, that is solely owned by the transferor:
                                                                                                                                                                                   $ ______________________
 13.       Transfer is otherwise fully or partially exempt from the recognition of gain in
           accordance with the attached explanation:
                                                                                                                                                                                   $ ______________________
                                          Provide Brief Explanation of Your Reason for Requesting Exemption




                                                                           Calculation of Tax to be Withheld

1. Enter the amount subject to tax .......................................................................................................................................           1
2. Enter tax rate, whichever applies.
   a. If you are a business entity, enter 8.25%                           ...........................................................                                                2
                                                                                                                                         .......................................
                                                                          ...........................................................
       b. If you are an individual, enter 7.50%
3. Amount of tax to be withheld at closing. Line 1 multiplied by line 2. (This line MUST be completed.) ............................                                                 3


                      Under the penalties of perjury, I declare that I have examined this application, including any schedules or statements
                      attached, and to the best of my knowledge and belief, it is true, correct and complete. If prepared by a person other
                      than taxpayer, the declaration is based on all information of which the preparer has any knowledge.

                      _____________________________________________                                            ___________________________                          ___________________________
Please                Signature                                                                                Applicants phone number                              Date

                      _____________________________________________                                            ___________________________                          ___________________________
Sign                  Signature                                                                                Applicants phone number                              Date

                      _____________________________________________                                            ___________________________                          ___________________________
Here                  Signature                                                                                Applicants phone number                              Date



(Rev. 06-08)
2009
                                         INSTRUCTIONS FOR APPLICATION FOR
 MARYLAND FORM

 MW506AE                              CERTIFICATE OF FULL OR PARTIAL EXEMPTION
    The Comptroller’s decision to issue or deny a certificate and the amount of tax is final and not subject to appeal.
GENERAL INSTRUCTIONS                                                                                 Required documentation: Copy of
                                                  (SDAT). If the property does not have a
                                                  street address, provide the full property      the agreement of sale; Certificate of Good
Purpose of Form                                   account ID numbers used by SDAT to             Standing of transferee issued by the state in
                                                  identify the property.                         which transferee is incorporated; notarized
   Use Form MW506AE to apply for a                                                               affidavit executed on behalf of transferee
                                                     Enter the date of closing for the sale or
Certificate of Full or Partial Exemption                                                         by its President and its Treasurer stating
                                                  transfer of the property.
from the withholding requirements on the                                                         that immediately after the exchange the
proceeds of the sale of real property and                                                        transferor(s) will own stock in the transferee
                                                     Enter the contract sales price of the
associated personal property in Maryland                                                         possessing at least eighty percent (80%)
                                                  property being sold or transferred.
by nonresident individuals and nonresident                                                       of the total combined voting power of all
entities. A nonresident entity is defined to                                                     classes of transferee’s stock entitled to
                                                      Enter the property account ID number.
mean an entity that: (1) is not formed under                                                     vote and at least eighty percent (80%)
                                                  If the property is made up of more than
the laws of Maryland; and (2) is not qualified                                                   of the total number of shares of all other
                                                  one parcel and has more than one property
by or registered with the Department of                                                          classes of stock of the transferee; and an
                                                  tax account number, include all applicable
Assessments and Taxation to do business                                                          appraisal establishing the fair market value,
                                                  property account ID numbers.
in Maryland.                                                                                     at the time of the exchange, of any property
                                                                                                 other than stock in the transferee which is
                                                     Check the box that describes the
Who May File an Application                                                                      part of the consideration for the exchange.
                                                  transferor/seller’s acquisition of the
                                                                                                 The fair market value of any such other
                                                  property. Check the box that describes the
   An individual, fiduciary, C corporation,                                                      property and/or any money which is part
                                                  transferor/seller’s use of the property at
S corporation, limited liability company,                                                        of the consideration for the exchange must
                                                  the time of the current sale, and enter the
or partnership transferor/seller may file                                                        be stated on the application as the taxable
                                                  length of time the property has been used
Form MW506AE. Unless the transferors/                                                            amount.
                                                  for this purpose.
sellers are a husband and wife filing a joint
Maryland income tax return, a separate                                                           Line 2. Transfer is pursuant to a tax-free
                                                     Complete the transferor/seller’s adjusted
Form MW506AE is required for each                                                                reorganization as described in §361 of the
                                                  basis section by entering the purchase
transferor/seller.                                                                               Internal Revenue Code.
                                                  price when the transferor/seller acquired
                                                  the property, adding the cost of capital
IMPORTANT: The completed Form                                                                        Required documentation: Copy of
                                                  improvements (including acquisition costs
MW506AE must be received by the                                                                  agreement governing the transfer between
                                                  such as commissions and state transfer
Comptroller of Maryland no later than 21                                                         transferor and transferee; Certificates of
                                                  taxes), and subtracting depreciation, if
days before the closing date of the sale                                                         Good Standing of transferor and transferee
                                                  applicable.
or transfer to ensure timely receipt of a                                                        issued by the state(s) in which transferor
Certificate of Full or Partial Exemption.                                                        and transferee are incorporated; copy
                                                  Transferee/Buyer’s Information
                                                                                                 of the plan or reorganization showing
The Comptroller’s decision to issue                                                              that transferor and transferee are parties
                                                     Enter the name and address.
or deny a Certificate of Full or Partial                                                         to the reorganization; and an appraisal
Exemption and the determination of the                                                           establishing the fair market value, at the
                                                    Check the box indicating the transferee/
amount of tax to be withheld if a partial                                                        time of the exchange, of any property other
                                                  buyer’s entity type.
exemption is granted are final and not                                                           than stock or securities in the transferee
subject to appeal.                                   Attach schedule if there are multiple       which is part of the consideration for the
                                                  transferees/buyers.                            exchange and will not be distributed by
SPECIFIC INSTRUCTIONS                                                                            the transferor in pursuance of the plan of
                                                  Reason for Full or Partial Exemption           reorganization. The fair market value of any
    Enter the tax year of the transferor/seller   from Withholding                               such other property and/or any money
if other than a calendar year.
                                                                                                 which is part of the consideration for the
                                                     Check the box in the “Reason for            exchange and will not be distributed by
Transferor/Seller’s Information                   Exemption” column that indicates the           the transferor in pursuance of the plan
                                                  reason you are requesting a full or partial    or reorganization must be stated on the
   Enter the name, address and
                                                  exemption from the income tax withholding      application as the taxable amount.
identification number (Social Security
                                                  requirements.
number or federal employer identification
                                                                                                 Line 3. Transfer is pursuant to an
number) of the transferor/seller applying for         Check one of the boxes in the “Amount      installment sale under §453 of the Internal
the exemption. If the transferor/seller was       of Total Payment Subject to Tax” column        Revenue Code.
issued an individual taxpayer identification      to indicate that you are: (1) claiming a
number (ITIN) by the IRS, enter the ITIN.         total exemption, or (2) providing the dollar       Required documentation: Copy
                                                  amount that you are claiming as subject        of contract of sale or copy of HUD-1
   Check the box indicating the transferor/
                                                  to tax and upon which the income tax           settlement sheet; copy of promissory note
seller’s entity type.
                                                  withholding should be calculated.              to transferor which will be executed by
                                                                                                 transferee at settlement. That portion of the
   Enter the transferor/seller’s ownership
                                                  Specific Line Instructions for Reason for      total payment that the transferor receives at
percentage of the property.
                                                  Full or Partial Exemption                      or within sixty (60) days of settlement must
                                                                                                 be stated on the application as the taxable
Property Information
                                                  Line 1. Transfer is to a corporation
                                                                                                 amount.
                                                  controlled by the transferor for purposes of
Enter the description of the property,
                                                  §351 of the Internal Revenue Code.
including the street address(es) for
the property as listed with the State
Department of Assessments and Taxation
2009
                                        INSTRUCTIONS FOR APPLICATION FOR
 MARYLAND FORM

MW506AE                              CERTIFICATE OF FULL OR PARTIAL EXEMPTION

                                                                                                  Provide Brief Explanation of Your Reason
Line 4. Transfer is by a tax-exempt entity       Line 9. Transfer is pursuant to a
                                                                                                  for Requesting Exemption
for purposes of §501(a) of the Internal          condemnation and conversion into a similar
Revenue Code and transfer involves limited       property for purposes of §1033 of the
                                                                                                     Provide a brief explanation of why the
or no unrelated business taxable income          Internal Revenue Code.
                                                                                                  sale or transfer of the property qualifies for
under §512 of he Internal Revenue Code.
                                                                                                  a full or partial exemption from the income
                                                    Required documentation: Copy of
                                                                                                  tax withholding requirement. If necessary,
    Required documentation: Copy of              agreement governing transfer between
                                                                                                  attach additional documentation to support
determination by the Internal Revenue            transferor and government body or
                                                                                                  your request for a full or partial exemption,
Service that transferor is a tax-exempt          authority condemning the property;
                                                                                                  and to support your calculation of the dollar
entity for purpose of §501(a) of the Internal    notarized affidavit executed by transferor
                                                                                                  amount subject to tax, if the request is for
Revenue Code; Certificate of Good                stating that transferor will identify and
                                                                                                  partial exemption.
Standing of transferor issued by the state in    purchase replacement property within
which transferor is incorporated; notarized      the time limits required by §1033 of the
                                                                                                  Calculation of Tax to be Withheld
affidavit executed on behalf of transferor       Internal Revenue Code, or copy of contract
by its President and by its Treasurer stating    of sale if transferor has already identified
                                                                                                     Complete this section if you are
that the transfer involves limited or no         replacement property. If proceeds from
                                                                                                  requesting a partial exemption. This section
unrelated business income under §512 of          condemnation exceed price of replacement
                                                                                                  must be completed or the application for
the Internal Revenue Code.                       property, the excess must be stated on the
                                                                                                  partial exemption will be denied.
                                                 application as the taxable amount.
Line 5. Transfer is to a partnership in
                                                                                                  Signature(s)
                                                 Line 10. Transfer is between spouses or
exchange for an interest in the partnership
such that no gain or loss is recognized          incident to divorce for purposes of §1041 of
                                                                                                       Form MW506AE must be signed by an
under §721 of the Internal Revenue Code.         the Internal Revenue Code.
                                                                                                  individual (both taxpayer and spouse, if
                                                                                                  filing a joint Maryland income tax return), or
   Required documentation. Copy of                  Required documentation: Copy of
                                                                                                  a responsible corporate officer.
agreement governing transfer between             marriage license or divorce decree; copy of
transferor and transferee; copy of the           deed which will be recorded to accomplish
                                                                                                     Please include a daytime telephone
partnership agreement of the transferee.         the transfer; if incident to divorce, copy
                                                                                                  number where you can be reached between
                                                 of section of court order or separation
                                                                                                  8:00 AM and 5:00 PM.
Line 6. Transfer is by a partnership to a        agreement governing transfer of the
partner of the partnership in accordance         property.                                           Your signature(s) signifies that your
with §731 of the Internal Revenue Code.
                                                                                                  application, including all attachments, is, to
                                                 Line 11. Transfer is treated as a transfer by
                                                                                                  the best of your knowledge and belief, true,
   Required documentation: Copy of               an S-corporation for purposes of §1368 of
                                                                                                  correct and complete, under the penalties
agreement governing transfer between             the Internal Revenue Code.
                                                                                                  of perjury.
transferor and transferee; copy of the
                                                     Required documentation: Copy of
partnership agreement of the transferor.
                                                                                                    If a power of attorney is necessary,
                                                 agreement governing transfer between
                                                                                                  complete federal Form 2848 and attach to
Line 7. Transfer is treated as a transfer by a   transferor and transferee; copy of
                                                                                                  your application.
real estate investment trust for purposes of     approval by the Internal Revenue Service
§857 of the Internal Revenue Code.               of transferor’s S-corporation election;          Where to File
                                                 Certificate of Good Standing of transferor
   Required documentation: Copy of               issued by the state in which transferor is          Mail the completed form and all
agreement governing transfer between             incorporated.                                    attachments to:
transferor and transferee; certified copy
of Articles of Incorporation of transferor;      Line 12. Transfer is to a disregarded               Comptroller of Maryland
Certificate of Good Standing of transferor       entity, classified as such under 26 CFR             Revenue Administration Division
issued by the state in which transferor is       §301.7701-3, that is solely owned by the            Attn: NRS Exemption Requests
incorporated.                                    transferor.                                         P.O. Box 2031
                                                                                                     Annapolis, MD 21404-2031
Line 8. Transfer is a tax-free exchange for          Required documentation: Copy
purposes of §1031 of the Internal Revenue                                                         Additional Information
                                                 of agreement governing transfer from
Code.                                            transferor to transferee; certified copy
                                                 of transferee’s Articles of Organization;           For additional information, please call
    Required documentation: Letter               Certificate of Good Standing of transferee       1-800-MDTAXES (1-800-638-2937) or
signed by the qualified intermediary, or by      issued by state in which transferee is           410-260-7980 from Central Maryland.
the person authorized to sign on behalf of       organized; copy of transferee’s Operating
a business entity acting as the qualified        Agreement.
intermediary, which states the name(s) of
the transferor(s), the property description,     Line 13. The transfer is otherwise fully or
that the individual or business will be          partially exempt from the recognition of gain
acting as the qualified intermediary for the     in accordance with attached explanation.
transferor(s) as part of a 1031 exchange
                                                    Required documentation: Attach any
of the property, whether there will be any
boot, and if so, the amount of boot. The         and all documents necessary to show that
amount of any boot must be stated on the         the transfer is fully or partially exempt from
application as the taxable amount.               tax.

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Application of Full or Partial Exemption

  • 1. DO NOT WRITE OR STAPLE IN THIS SPACE 2009 Application for Certificate of Full or Partial Exemption MARYLAND FORM For Calendar Year 2009 or other tax year MW506AE Beginning ________________ , 2009 and Ending ________________ NOTE: This form is to be used only to request a Certificate of Full or Partial Exemption from the withholding requirements on the proceeds of the sale of real property and associated personal property in Maryland by nonresident individuals and nonresident entities. This form must be RECEIVED by the Comptroller of Maryland, Revenue Administration Division, NRS Exemption Requests, P.O. Box 2031, Annapolis, MD 21404-2031 no later than 21 days before the closing date. Transferor/Seller’s Information Last Name Name (If joint, give first names and initials of both) Your Social Security Number Spouse’s Social Security Number Name (Corporation, Partnership, Trust, Estate, etc.) T/A or C/O or Fiduciary Federal Employer I.D. Number Address (Number and street) City, State and Zip Code (province, postal code and country) Ownership Percentage Transferor/Seller’s Entity Type Individual Limited Liability Company Trust C Corporation Limited Liability Partnership Other: ______________________________________ _____________________________ % S Corporation Business Trust Partnership Estate Property Information Description of Property (Include address, or district, subdistrict and lot numbers if no address is available) Date of Closing Contract Sales Price Property Account ID Number Transferor/Seller’s Adjusted Basis: Transferor/Seller’s Acquired Property By Purchase 1031 Exchange Purchase price $ ________________________________ Gift Foreclosure/Repossession Add: capital improvements Inheritance Other: _____________________________ and settlement costs ________________________________ Use of Property at Time of Sale: Less: depreciation (if any) ________________________________ Rental/Commercial Vacant land Adjusted basis: $ ________________________________ Secondary/Vacation Other: _____________________________ Length of time used for this purpose: Years ___________ Months ________ Transferee/Buyer’s Information Name (If joint, give first names and initials of both) Name (Corporation, Partnership, Trust, Estate, etc.) Address (Number and street) City, State and Zip Code (province, postal code, and country) Transferee/Buyer’s Entity Type Individual Partnership Business Trust Trust C Corporation Limited Liability Company Estate Other: _____________________________________ S Corporation Limited Liability Partnership COM/RAD-306 (Rev. 06-08)
  • 2. 2009 MARYLAND FORM Application for Certificate of Full or Partial Exemption MW506AE Page 2 Transfer/Sellers Name Your Social Security Number/FEIN Reason for Full or Partial Exemption from Withholding (Attach documentation and calculation) Amount of Total Payment Subject to Tax is: Reason for Exemption None (totally Exempt) Only a portion 1. Transfer is to a corporation controlled by transferor for purposes of IRC $ ______________________ §351: 2. Transfer is pursuant to a tax-free reorganization for purposes of IRC §351: $ ______________________ 3. Transfer is pursuant to an installment sale under IRC §453 and the transferor/seller will receive less than the full purchase price during the $ ______________________ taxable year. 4. Transfer is by a tax-exempt entity for purposes of IRC §501(a) and transfer involves limited or no unrelated business taxable income under IRC §512: $ ______________________ 5. Transfer is by transferor to a partnership, such that no gain or loss is recognized on the transfer under IRC §721: $ ______________________ 6. Transfer is treated as a transfer by a partnership for purposes of IRC §731: $ ______________________ 7. Transfer is treated as a transfer by a real estate investment trust for purposes of IRC §857: $ ______________________ 8. Transfer is a tax-free exchange for purposes of IRC §1031 and is treated as: simultaneous without boot, simultaneous with boot, or delayed, with funds in escrow for acquiring replacement property: $ ______________________ 9. Transfer is pursuant to a condemnation and conversion into similar property for purposes of IRC §1033. $ ______________________ 10. Transfer is between spouses or incidents to divorce for purposes or IRC §1041: $ ______________________ 11. Transfer is treated as a transfer by an S corporation for purposes of IRC IRC §1368: $ ______________________ 12. Transfer is by transferor to a disregarded entity, classified as such under 26 CFR §301.7701-3, that is solely owned by the transferor: $ ______________________ 13. Transfer is otherwise fully or partially exempt from the recognition of gain in accordance with the attached explanation: $ ______________________ Provide Brief Explanation of Your Reason for Requesting Exemption Calculation of Tax to be Withheld 1. Enter the amount subject to tax ....................................................................................................................................... 1 2. Enter tax rate, whichever applies. a. If you are a business entity, enter 8.25% ........................................................... 2 ....................................... ........................................................... b. If you are an individual, enter 7.50% 3. Amount of tax to be withheld at closing. Line 1 multiplied by line 2. (This line MUST be completed.) ............................ 3 Under the penalties of perjury, I declare that I have examined this application, including any schedules or statements attached, and to the best of my knowledge and belief, it is true, correct and complete. If prepared by a person other than taxpayer, the declaration is based on all information of which the preparer has any knowledge. _____________________________________________ ___________________________ ___________________________ Please Signature Applicants phone number Date _____________________________________________ ___________________________ ___________________________ Sign Signature Applicants phone number Date _____________________________________________ ___________________________ ___________________________ Here Signature Applicants phone number Date (Rev. 06-08)
  • 3. 2009 INSTRUCTIONS FOR APPLICATION FOR MARYLAND FORM MW506AE CERTIFICATE OF FULL OR PARTIAL EXEMPTION The Comptroller’s decision to issue or deny a certificate and the amount of tax is final and not subject to appeal. GENERAL INSTRUCTIONS Required documentation: Copy of (SDAT). If the property does not have a street address, provide the full property the agreement of sale; Certificate of Good Purpose of Form account ID numbers used by SDAT to Standing of transferee issued by the state in identify the property. which transferee is incorporated; notarized Use Form MW506AE to apply for a affidavit executed on behalf of transferee Enter the date of closing for the sale or Certificate of Full or Partial Exemption by its President and its Treasurer stating transfer of the property. from the withholding requirements on the that immediately after the exchange the proceeds of the sale of real property and transferor(s) will own stock in the transferee Enter the contract sales price of the associated personal property in Maryland possessing at least eighty percent (80%) property being sold or transferred. by nonresident individuals and nonresident of the total combined voting power of all entities. A nonresident entity is defined to classes of transferee’s stock entitled to Enter the property account ID number. mean an entity that: (1) is not formed under vote and at least eighty percent (80%) If the property is made up of more than the laws of Maryland; and (2) is not qualified of the total number of shares of all other one parcel and has more than one property by or registered with the Department of classes of stock of the transferee; and an tax account number, include all applicable Assessments and Taxation to do business appraisal establishing the fair market value, property account ID numbers. in Maryland. at the time of the exchange, of any property other than stock in the transferee which is Check the box that describes the Who May File an Application part of the consideration for the exchange. transferor/seller’s acquisition of the The fair market value of any such other property. Check the box that describes the An individual, fiduciary, C corporation, property and/or any money which is part transferor/seller’s use of the property at S corporation, limited liability company, of the consideration for the exchange must the time of the current sale, and enter the or partnership transferor/seller may file be stated on the application as the taxable length of time the property has been used Form MW506AE. Unless the transferors/ amount. for this purpose. sellers are a husband and wife filing a joint Maryland income tax return, a separate Line 2. Transfer is pursuant to a tax-free Complete the transferor/seller’s adjusted Form MW506AE is required for each reorganization as described in §361 of the basis section by entering the purchase transferor/seller. Internal Revenue Code. price when the transferor/seller acquired the property, adding the cost of capital IMPORTANT: The completed Form Required documentation: Copy of improvements (including acquisition costs MW506AE must be received by the agreement governing the transfer between such as commissions and state transfer Comptroller of Maryland no later than 21 transferor and transferee; Certificates of taxes), and subtracting depreciation, if days before the closing date of the sale Good Standing of transferor and transferee applicable. or transfer to ensure timely receipt of a issued by the state(s) in which transferor Certificate of Full or Partial Exemption. and transferee are incorporated; copy Transferee/Buyer’s Information of the plan or reorganization showing The Comptroller’s decision to issue that transferor and transferee are parties Enter the name and address. or deny a Certificate of Full or Partial to the reorganization; and an appraisal Exemption and the determination of the establishing the fair market value, at the Check the box indicating the transferee/ amount of tax to be withheld if a partial time of the exchange, of any property other buyer’s entity type. exemption is granted are final and not than stock or securities in the transferee subject to appeal. Attach schedule if there are multiple which is part of the consideration for the transferees/buyers. exchange and will not be distributed by SPECIFIC INSTRUCTIONS the transferor in pursuance of the plan of Reason for Full or Partial Exemption reorganization. The fair market value of any Enter the tax year of the transferor/seller from Withholding such other property and/or any money if other than a calendar year. which is part of the consideration for the Check the box in the “Reason for exchange and will not be distributed by Transferor/Seller’s Information Exemption” column that indicates the the transferor in pursuance of the plan reason you are requesting a full or partial or reorganization must be stated on the Enter the name, address and exemption from the income tax withholding application as the taxable amount. identification number (Social Security requirements. number or federal employer identification Line 3. Transfer is pursuant to an number) of the transferor/seller applying for Check one of the boxes in the “Amount installment sale under §453 of the Internal the exemption. If the transferor/seller was of Total Payment Subject to Tax” column Revenue Code. issued an individual taxpayer identification to indicate that you are: (1) claiming a number (ITIN) by the IRS, enter the ITIN. total exemption, or (2) providing the dollar Required documentation: Copy amount that you are claiming as subject of contract of sale or copy of HUD-1 Check the box indicating the transferor/ to tax and upon which the income tax settlement sheet; copy of promissory note seller’s entity type. withholding should be calculated. to transferor which will be executed by transferee at settlement. That portion of the Enter the transferor/seller’s ownership Specific Line Instructions for Reason for total payment that the transferor receives at percentage of the property. Full or Partial Exemption or within sixty (60) days of settlement must be stated on the application as the taxable Property Information Line 1. Transfer is to a corporation amount. controlled by the transferor for purposes of Enter the description of the property, §351 of the Internal Revenue Code. including the street address(es) for the property as listed with the State Department of Assessments and Taxation
  • 4. 2009 INSTRUCTIONS FOR APPLICATION FOR MARYLAND FORM MW506AE CERTIFICATE OF FULL OR PARTIAL EXEMPTION Provide Brief Explanation of Your Reason Line 4. Transfer is by a tax-exempt entity Line 9. Transfer is pursuant to a for Requesting Exemption for purposes of §501(a) of the Internal condemnation and conversion into a similar Revenue Code and transfer involves limited property for purposes of §1033 of the Provide a brief explanation of why the or no unrelated business taxable income Internal Revenue Code. sale or transfer of the property qualifies for under §512 of he Internal Revenue Code. a full or partial exemption from the income Required documentation: Copy of tax withholding requirement. If necessary, Required documentation: Copy of agreement governing transfer between attach additional documentation to support determination by the Internal Revenue transferor and government body or your request for a full or partial exemption, Service that transferor is a tax-exempt authority condemning the property; and to support your calculation of the dollar entity for purpose of §501(a) of the Internal notarized affidavit executed by transferor amount subject to tax, if the request is for Revenue Code; Certificate of Good stating that transferor will identify and partial exemption. Standing of transferor issued by the state in purchase replacement property within which transferor is incorporated; notarized the time limits required by §1033 of the Calculation of Tax to be Withheld affidavit executed on behalf of transferor Internal Revenue Code, or copy of contract by its President and by its Treasurer stating of sale if transferor has already identified Complete this section if you are that the transfer involves limited or no replacement property. If proceeds from requesting a partial exemption. This section unrelated business income under §512 of condemnation exceed price of replacement must be completed or the application for the Internal Revenue Code. property, the excess must be stated on the partial exemption will be denied. application as the taxable amount. Line 5. Transfer is to a partnership in Signature(s) Line 10. Transfer is between spouses or exchange for an interest in the partnership such that no gain or loss is recognized incident to divorce for purposes of §1041 of Form MW506AE must be signed by an under §721 of the Internal Revenue Code. the Internal Revenue Code. individual (both taxpayer and spouse, if filing a joint Maryland income tax return), or Required documentation. Copy of Required documentation: Copy of a responsible corporate officer. agreement governing transfer between marriage license or divorce decree; copy of transferor and transferee; copy of the deed which will be recorded to accomplish Please include a daytime telephone partnership agreement of the transferee. the transfer; if incident to divorce, copy number where you can be reached between of section of court order or separation 8:00 AM and 5:00 PM. Line 6. Transfer is by a partnership to a agreement governing transfer of the partner of the partnership in accordance property. Your signature(s) signifies that your with §731 of the Internal Revenue Code. application, including all attachments, is, to Line 11. Transfer is treated as a transfer by the best of your knowledge and belief, true, Required documentation: Copy of an S-corporation for purposes of §1368 of correct and complete, under the penalties agreement governing transfer between the Internal Revenue Code. of perjury. transferor and transferee; copy of the Required documentation: Copy of partnership agreement of the transferor. If a power of attorney is necessary, agreement governing transfer between complete federal Form 2848 and attach to Line 7. Transfer is treated as a transfer by a transferor and transferee; copy of your application. real estate investment trust for purposes of approval by the Internal Revenue Service §857 of the Internal Revenue Code. of transferor’s S-corporation election; Where to File Certificate of Good Standing of transferor Required documentation: Copy of issued by the state in which transferor is Mail the completed form and all agreement governing transfer between incorporated. attachments to: transferor and transferee; certified copy of Articles of Incorporation of transferor; Line 12. Transfer is to a disregarded Comptroller of Maryland Certificate of Good Standing of transferor entity, classified as such under 26 CFR Revenue Administration Division issued by the state in which transferor is §301.7701-3, that is solely owned by the Attn: NRS Exemption Requests incorporated. transferor. P.O. Box 2031 Annapolis, MD 21404-2031 Line 8. Transfer is a tax-free exchange for Required documentation: Copy purposes of §1031 of the Internal Revenue Additional Information of agreement governing transfer from Code. transferor to transferee; certified copy of transferee’s Articles of Organization; For additional information, please call Required documentation: Letter Certificate of Good Standing of transferee 1-800-MDTAXES (1-800-638-2937) or signed by the qualified intermediary, or by issued by state in which transferee is 410-260-7980 from Central Maryland. the person authorized to sign on behalf of organized; copy of transferee’s Operating a business entity acting as the qualified Agreement. intermediary, which states the name(s) of the transferor(s), the property description, Line 13. The transfer is otherwise fully or that the individual or business will be partially exempt from the recognition of gain acting as the qualified intermediary for the in accordance with attached explanation. transferor(s) as part of a 1031 exchange Required documentation: Attach any of the property, whether there will be any boot, and if so, the amount of boot. The and all documents necessary to show that amount of any boot must be stated on the the transfer is fully or partially exempt from application as the taxable amount. tax.