Georgia Non Resident Long Term Capital Gains

5 Replies

I am selling a home in Georgia as a non Resident.

I am told a 3% of Cap Gaines will be with held for the GA IRS.

I read that GA Capital Gaines tax is 6% and they seems to be no Long term/short term differential.

I understand that I will need to file a non-resident GA tax return for 2018 to get a refund of W/H or pay more tax, perhaps up to another 3%.

Is this understanding correct?

Then my South Carolina Tax folk will want their cut of the Capital Gain as well?

Cheers,

Buddy

Hi @Buddy Holmes ,

According to Georgia's Department of Revenue, you are correct that % of the sales price will be withheld.  However, they provide for an alternative calculation based upon the seller's gain.  To use that method, you must complete Form IT-AFF2.

South Carolina has a tax credit available for taxes paid to other states on income that is taxable in both states.  Therefore, you do not have to worry about double-taxation from the states.

@Brian Schmelzlen , Thanks for the quick note.  I have the IT-AFF2 which allows the 3% W/H to be on the capital gain rather than sales price, which is a big relief.

I still wonder  about the fact that they only want to W/H 3% when it looks like the actual tax is 6% of capital gain.   Perhaps there is a scale for Georgia taxable income that is unmentioned?

Originally posted by @Buddy Holmes :I still wonder  about the fact that they only want to W/H 3% when it looks like the actual tax is 6% of capital gain.   Perhaps there is a scale for Georgia taxable income that is unmentioned?

The GA capital gains tax rate is the same as the ordinary income tax rate with a maximum of 6%.  With the GA tax rates ranging from 0% to 6% depending upon taxable income, the average would be 3% which is what you are asked to pay in withholdings.  The amount withheld is not necessarily the actual tax due on the sale of your property, 

@Dave Toelkes , Thanks!!

Now I get the picture. and understand what the 6% value is and why it was quoted in the article I read.

SC, I assume then will not tax me on the LTCG and allow me to show the GA Tax paid.

I have some other net losses on Rental properties in GA, that SC does not allow, but I guess they can offset the LTCG in coming up with GA income that is taxable in GA and hence what % tax is due. 

Thanks for your insight.

Buddy

@Buddy Holmes

If you are a SC resident, the state of SC will also tax your GA income, but you give you a tax credit for the amount of income tax paid to GA.

SC computes your net taxable income by starting with your federal taxable income, then adjusting for tax losses you had on your out of state rentals.  It is more accurate to say that SC does not allow you to reduce your SC taxable income by your out of state tax losses.