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Beware of the Withholding Tax: What You Need to Know About Maryland Form MW505AE

We recently had a client come in whose surviving parent passed away.  Our client, as Executor of the Estate, is in the process of selling the residential home.  Another client came in a few days later, because she and her husband are moving out of the area.

What many people are not aware of, is a withholding tax on the proceeds of the sale of real property or associated personal property in Maryland by non-resident individuals and non-resident entities.

You may qualify for full or partial exemption from this tax, but you have to file the appropriate form.  Form MD506AE permits exemptions for the following “special situations”:

  1. If you are transferring your principal residence (i.e. the property has been your principal residence for two of the last five years; or, if it was, but you had a move necessitated by government orders;
  2. You are making a tax-free §1031 exchange;
  3. The transferor or seller is receiving zero proceeds from the transaction;
  4. The transfer is an installment sale;
  5. The property is inherited property, and transferred within six months of the date of death;
  6. The transferor or seller is the custodian of an individual retirement account.

Unless the transferors, or sellers, are spouses filing a joint Maryland income tax return, a separate Form MW505AE is required for each person.

Make sure you file yours!  The form must be received no later than 21 days before closing date.

Download the form here:  https://forms.marylandtaxes.com/15_forms/MW506AE.pdf

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