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Maryland Property Withholding Requirements


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Maryland Property Withholding Requirements


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All states are suffering financially and, almost without exception, are tightening their rules regarding the sale or transfer of real estate. Maryland is certainly no exception, particularly if you are a nonresident. If you find yourself in this category, it would be a good idea to know the laws concerning the sale of real property in Maryland.

Did you know that in Maryland, if you are a nonresident real estate owner who sold or transferred real property, you are required to make a tax withholding payment to the local Clerk of the Circuit Court or the Maryland Department of Assessments and Taxation (MDAT).

For nonresidents this payment must be made before the deed is recorded with the clerk of the court or MDAT. The tax payment is 7.5 percent of the value of the total property sale. If this provision is not taxing enough, Maryland also has a category called a nonresident entity. If you are in this group, the tax payment is 8.25 percent.

You may be confused and wonder what constitutes a nonresident entity. The law defines a nonresident entity as 1) not formed under the laws of Maryland more than 90 days before the date the property is sold, or 2) not qualified or registered with MDAT to do business in Maryland more than 90 days before the sale is finalized.

Are you sufficiently confused? Maryland, in an attempt to clarify (or further confuse) these regulations, adds a provision that for multiple owners, a withholding statement is required from each individual. If multiple owners are involved,their payment will be based on the percentage of the total payment that represents their individual ownership percentage.

Perhaps the best way to get information should this situation apply, is to get on the Internet and go to Maryland's Withholding Requirement for Sales or Transfers of Real Property and associated personal property by nonresidents.

If you are a nonresident of Maryland that may be considering selling property in the state, you will also need the form MW506NRS (Return of Income Tax Withholding for Nonresident Sale of Real Property.)

 

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