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Updated almost 9 years ago on . Most recent reply

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52
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3
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Thomas Watson
  • Real Estate Consultant
  • Somersert, NJ
3
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52
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Withholding Requirements for sales of property by Nonresidents

Thomas Watson
  • Real Estate Consultant
  • Somersert, NJ
Posted

Is there a way to avoid withholding requirements when selling property in Maryland? On the sale of an investor property for 32K I will have to pay almost $2500 in withholdings.

Withholding Requirements for Sales of Real Property by Nonresidents

If you are a nonresident who owns and is selling or transferring real property and associated tangible personal property in Maryland, you must make a tax withholding payment to the local Clerk of the Circuit Court or the State Department of Assessments and Taxation (SDAT). The payment must be made before the deed or other instrument of transfer is recorded with the court clerk or filed with SDAT.Generally, the person responsible for your closing, a title company for example, is responsible for ensuring that sufficient funds are withheld at settlement and for paying the amount of withholding tax due to the Clerk or SDAT when the deed or other instrument of transfer is presented for recordation.In the case of a nonresident individual, the payment is 7.5% of the total property sale payment made to the individual. A nonresident entity must make an 8.25% payment. See Withholding Requirements for Sales of Real Property by Nonresidents.

Thanks,

Thomas

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