MARYLAND Application for Certificate of DO NOT WRITE OR STAPLE FORM IN THIS SPACE Full or Partial Exemption MW506AE For the sale of real property or associated personal property in Maryland by nonresident individuals and entities. 2023 The form and required documents MUST BE RECEIVED no later than 21 days before closing date. Social Security Number Spouse's Social Security Number Your First Name MI Last Name Spouse's First Name MI Last Name Name (Corporation, Partnership, Trust, Estate, etc.) T/A or C/O or Fiduciary Federal Employer Identification Number Present Address (No. and street) City or Town State ZIP code Transferor/Seller’s Entity Type: Ownership Percentage Individual/ Estate/ Trust Business ________________________% Property Information Description of Property (Include street address, county, or district, Was the property ever used as a rental or commercial property? subdistrict and lot numbers if no address is available.) (Note: Income tax returns are required in most circumstances - see instructions.) Yes No Dates used as a rental/commercial property (mm/dd/yyyy): FROM _______________TO _________________ Date of Closing (mm/dd/2023) (REQUIRED) Calculation of Tentative Exemption - Required (The certificate of exemption will be calculated based on actual documents received & amounts substantiated. The Comptroller’s decision to issue or deny a full or partial exemption and the amount is final and not subject to appeal.) See instructions for more details on required documentation. 1. Purchase price/Inherited value. (Attach a copy of the settlement statement or Death Certificate and appraisal.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. ____________ 2. Capital Improvements. (Optional. Will not be credited unless properly documented. Attach paid invoices or receipts with cancelled checks for improvements.) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. ____________ 3. Settlement expenses. a. Original purchase (Attach settlement statement) . . . . . . b. Pending sale (Attach preliminary closing disclosure) . . . . Add lines 3a. and 3b. 3. ____________ 4. Add (Lines 1 through 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. ____________ 5. Depreciation deducted for rental activity on federal return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. ____________ 6. Subtract (Line 5 from Line 4). This is your adjusted basis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. ____________ 7. Contract sales price. (Attach contract [1 stpage and signature pages] or preliminary settlement statement.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. ____________ 8a. Subtract (Line 6 from Line 7). This is the amount subject to tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8a. ____________ 8b. Multiply Line 8a by ownership percentage (1.00, .50, .333, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8b. ____________ 9. Tax Rate. Check box for applicable tax rate. a. Individual 8.0% (.080) b. Business 8.25% (.0825) 10. Tentative withholding amount. Multiply line 8b by applicable tax rate. If Line 8 is zero (0) or less than zero (0), enter zero (0). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. ____________ NOTE: This amount will be recalculated by the Comptroller’s Office based on the actual documentation received and amounts substantiated. 09/22 |
MARYLAND Application for Certificate of Full or Partial Exemption 2023 FORM page 2 MW506AE Transferor/Seller’s Name ______________________________________________________ Your Social Security Number/FEIN _____________________________ Special Situations Check the box in the “Special Situations” column that applies to your situation, if any. If none apply, your exemption will be based only on the amount on the worksheet on page 1. See instructions for required documentation. Principal Residence. Transfer is pursuant to an installment sale under §453 of the Internal Revenue Code. Principal Residence – Active-duty Military, Certain Transfer of inherited property is occurring within 6 months Government Employees. of date of death. Tax-Free Exchange for purposes of §1031 of the Internal Transferor/seller is the custodian of an individual retirement Revenue Code. account (IRA). Transferor/seller is receiving zero proceeds from this Transfer is pursuant to a specific Internal Revenue Code transaction because proceeds are going to another seller/ section. See addendum. owner (ex. cosignor). Address of Settlement Agent to Mail Certificate if Issued (See instructions.) Name of contact person and company Street Address City State ZIP code Telephone number Fax number Email Address 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. Your signature Date Preparer’s PTIN (required by law) Signature of preparer other than taxpayer Spouse’s signature Date Printed name of preparer Telephone number Address of preparer Telephone number of preparer Check here if you authorize us to contact you by email. Email address 09/22 |
MARYLAND FORM INSTRUCTIONS FOR APPLICATION FOR 2023 CERTIFICATE OF FULL OR PARTIAL EXEMPTION MW506AE The Comptroller’s decision to issue or deny a certificate and the amount of tax is final and not subject to appeal. GENERAL INSTRUCTIONS it to your submission of the MW506AE. Purpose of Form Calculation of Tentative Exemption/Withholding Amount Use Form MW506AE to apply for a Certificate of Full or Partial Complete the calculation of tentative exemption section. Exemption from the withholding requirements on the proceeds Line 1. Enter the purchase price of the property. This is the of the sale of real property and associated personal property in contract amount for the original purchase. DO NOT Maryland by nonresident individuals and nonresident entities. A include settlement costs or other adjustments in this nonresident entity is defined to mean an entity that: (1) is not line. If inherited property, use the Date of Death value formed under the laws of Maryland and (2) is not qualified by or of the property. You must attach an original settlement registered with the Department of Assessments and Taxation to statement, property tax printout (available at www.dat. do business in Maryland. state.md.us), original contract, date of death appraisal, Who May File an Application or other proof of original purchase price or inherited An individual, fiduciary, C corporation, S corporation, limited value. liability company, or partnership transferor/seller may file Form Line 2. Enter amount of capital improvements. This line is MW506AE. Unless the transferors/sellers are spouses filing a OPTIONAL. However, you must attach paid invoices joint Maryland income tax return, a separate Form MW506AE is or receipts with cancelled checks for improvements. required for each transferor/seller. Documentation must include proof of payment, address IMPORTANT: The completed Form MW506AE and all required of property, and work completed. documentation must be received by the Comptroller of Maryland Line 3. Settlement costs. You must attach a settlement no later than 21 days before the closing date of the sale or statement for this amount. You may add both transfer to ensure timely receipt of a Certificate of Full or settlement costs for purchase and sale of the property Partial Exemption. Applications with no closing date will not be if you have a settlement statement for each. If a processed. preliminary settlement statement is not available at The Comptroller’s decision to issue or deny a Certificate time of filing, you must forward as soon as completed of Full or Partial Exemption and the determination of the in order to be credited for these costs. You may request amount of tax to be withheld if a partial exemption is this from the settlement agent. granted are final and not subject to appeal. Line 4. Add lines 1 through 3. SPECIFIC INSTRUCTIONS Line 5. Depreciation. Enter all depreciation already taken for Transferor/Seller’s Information this property, if rental or commercial, on any income tax return. You must attach a depreciation schedule or Enter the name, address and identification number (Social returns. Security number or federal employer identification number) of the transferor/seller applying for the exemption. If the Line 6. Adjusted basis. Subtract line 5 from line 4. This is your transferor/seller was issued an individual taxpayer identification adjusted basis. number (ITIN) by the IRS, enter the ITIN. Line 7. Contract Sales Price. Enter contract sales price. You Check the box indicating the transferor/seller’s entity type. must attach current contract (page 1 and signature pages only) or preliminary settlement statement. Enter the transferor/seller’s ownership percentage of the property. For example, if there are four equal owners, enter Line 8a. Amount subject to tax. Subtract line 6 from line 7. 25% for single application. Line 8b. Multiply Line 8a by percentage of ownership. Property Information Line 9. Tax Rate. Select which tax rate applies. Enter the description of the property, including the street Line 10. Tentative Withholding Amount. Multiply line 8b by the address(es) for the property as listed with the State Department tax rate. This is the tentative amount of withholding. of Assessments and Taxation (SDAT), including county. If the If zero or less than zero, enter zero. If zero, you may property does not have a street address, provide the full property qualify for a full exemption (subject to verification). account ID numbers used by SDAT to identify the property. Note: This amount will be calculated by the Comptroller’s Office Enter the date of closing for the sale or transfer of the property. based on actual documentation received. Application will not be processed if left blank. Special Situations Enter the property account ID number, if known. If the property Principal Residence. is made up of more than one parcel and has more than one property tax account number, include all applicable property Transfer is of your principal residence as defined in §121 of the account ID numbers. Internal Revenue Code, which means it has been your principal residence for two of the last five years. Resident income tax Check the box to indicate whether the property was used returns for that period must have been filed to claim principal for rental/commercial purposes. Maryland law requires that residence. This will be verified by the Comptroller’s Office. nonresidents owning real property in Maryland file a nonresident income tax return reporting any rental income or loss. If you Principal Residence – Active-duty Military, Certain checked the rental/commercial box and did not file returns Government Employees. reporting this income or loss, your application will be denied. Transfer is of your principal residence as defined in §121 of File all appropriate returns before filing this application. the Internal Revenue Code, if you had a move necessitated by Relocating Sellers government orders or are stationed in Maryland. Attach transfer orders and proof of residency. This may include federal income If you are selling your house through a relocation company, please tax return with Maryland address, utility bills, property tax see the MW506AE – Relo Addendum for further instructions. statements, etc. See Internal Revenue Service Publication 523. You must complete the MW506AE – Relo Addendum and attach |
MARYLAND FORM INSTRUCTIONS FOR APPLICATION FOR 2023 CERTIFICATE OF FULL OR PARTIAL EXEMPTION MW506AE The Comptroller’s decision to issue or deny a certificate and the amount of tax is final and not subject to appeal. Tax-Free Exchange for purposes of §1031 of the Internal Transfer is pursuant to a specific Internal Revenue Code Revenue Code. section. See addendum. Required documentation in addition to that on page 1; letter Address to Mail Certificate if Issued signed by the qualified intermediary, or by the person authorized to sign on behalf of a business entity acting as the qualified Provide the name and address of the title company or settlement intermediary, which states the name(s) of the transferor(s), agent to whom we should mail the exemption certificate if the property description, that the individual or business will be issued. If you do not know the identity of the title company or acting as the qualified intermediary for the transferor(s) as part settlement agent at the time you complete this form, you must of a §1031 exchange of the property, whether there will be any email the name and address to nrshelp@marylandtaxes.gov as boot, and if so, the amount of boot. The amount of any boot soon as possible. You must provide a mailing address to avoid must be stated on the application as the taxable amount. delay in recording the sale. Note: If you paid the withholding out-of-pocket – not from sale Signature(s) proceeds - then you must submit proof of payment e.g. cancelled Form MW506AE must be signed by an individual (both taxpayer check, wire transfer, or other documentation evidencing the and spouse, if filing a joint Maryland income tax return), or a withholding was paid out-of-pocket. responsible corporate officer. Transferor/seller is receiving zero proceeds from this Include a daytime telephone number where you can be reached transaction. between 8:00 AM and 5:00 PM. Note: This situation applies when all proceeds go to another If you would like to be contacted by email in the event that more seller/co-owner. This does not apply if you receive ANY proceeds. information is needed to process your application, include your Required documentation in addition to that on page 1; copy of email address and check the box allowing us to contact you by a letter from the transferor/seller to the title company advising email. The exemption certificate, if issued, will not be emailed they are to receive zero proceeds from the sale and advising to to you. whom the proceeds are to go; a copy of the acknowledgment Your signature(s) signifies that your application, including all letter from the title company to the transferor/seller that all attachments, is, to the best of your knowledge and belief, true, proceeds are to go to another seller/co-owner. correct and complete, under penalties of perjury. Transfer is pursuant to an installment sale under §453 of If a power of attorney is necessary, complete Maryland Form the Internal Revenue Code. 548 and attach to your application. Required documentation in addition to that on page 1; copy Where to File of contract of sale or copy of settlement sheet from the title company; copy of promissory note to transferor which will be Mail the completed form and all attachments to: executed by transferee at settlement. That portion of the total Comptroller of Maryland payment that the transferor receives at or within sixty (60) days Revenue Administration Division of settlement must be stated on the application as the taxable Attn: NRS Exemption Requests amount. P.O. Box 2031 Annapolis, MD 21404-2031 Transfer of inherited property is occurring within 6 months of date of death. OR Required documentation in addition to that on page 1; provide Email the completed form and all attachments to nrshelp@ a copy of the death certificate and a copy of the estimated marylandtaxes.gov settlement sheet from the title company. Note: The email submission will not expedite the processing of Transferor/seller is the custodian of an individual your application. If you are emailing large attachments, send retirement account. multiple smaller emails. Required documentation in addition to that on page 1; provide a Submit your application via only one method. copy of the preliminary settlement sheet from the title company, Additional Information the custodian’s Certificate of Good Standing from its state of incorporation, and a letter from the title company stating that For additional information visit www.marylandtaxes.gov, all proceeds will be disbursed to the custodian. email nrshelp@marylandtaxes.gov or call 1-800-MDTAXES (1-800-638-2937) or 410-260-7980 in Central Maryland. 09/22 |
MARYLAND 2023 FORM ADDENDUM FOR APPLICATION FOR MW506AE CERTIFICATE OF FULL OR PARTIAL EXEMPTION Code Letter IRC Section Description Required Documentation a § 351 Transfer is to a corporation Copy of the agreement of sale; Certificate of Good Standing of controlled by the transferor transferee issued by the state in which transferee is incorporated; for purposes of § 351 of the notarized affidavit executed on behalf of transferee by its President Internal Revenue Code. and its Treasurer stating that immediately after the exchange the transferor(s) will own stock in the transferee possessing at least eighty percent (80%) of the total combined voting power of all classes of transferee’s stock entitled to vote and at least eighty percent (80%) of the total number of shares of all other classes of stock of the transferee; and an appraisal establishing the fair market value, at the time of the exchange, of any property other than stock in the transferee which is part of the consideration for the exchange. The fair market value of any such other property and/or any money which is part of the consideration for the exchange must be stated on the application as the taxable amount. b § 361 Transfer is pursuant to a Copy of agreement governing the transfer between transferor and tax-free reorganization as transferee; Certificates of Good Standing of transferor and transferee described in § 361 of the issued by the state(s) in which transferor and transferee are Internal Revenue Code. incorporated; copy of the plan or reorganization showing that transferor and transferee are parties to the reorganization; and an appraisal establishing the fair market value, at the time of the exchange, of any property other than stock or securities in the transferee which is part of the consideration for the exchange and will not be distributed by the transferor in pursuance of the plan of reorganization. The fair market value of any such other property and/or any money which is part of the consideration for the exchange must be stated on the application as the taxable amount. c § 501(a) Transfer is by a tax-exempt Copy of determination by the Internal Revenue Service that transferor entity for purposes of § 501(a) is a tax-exempt entity for purpose of § 501(a) of the Internal Revenue of the Internal Revenue Code Code; Certificate of Good Standing of transferor issued by the state and transfer involves limited or in which transferor is incorporated; notarized affidavit executed on no unrelated business taxable behalf of transferor by its President and by its Treasurer stating that income under § 512 of the the transfer involves limited or no unrelated business income under § Internal Revenue Code. 512 of the Internal Revenue Code. d § 721 Transfer is to a partnership in Copy of agreement governing transfer between transferor and exchange for an interest in the transferee; copy of the partnership agreement of the transferee. partnership such that no gain or loss is recognized under § 721 of the Internal Revenue Code. e § 731 Transfer is by a partnership to Copy of agreement governing transfer between transferor and a partner of the partnership in transferee; copy of the partnership agreement of the transferor. accordance with § 731 of the Internal Revenue Code. f § 857 Transfer is treated as a transfer Copy of agreement governing transfer between transferor and by a real estate investment transferee; certified copy of Articles of Incorporation of transferor; trust for purposes of § 857 of Certificate of Good Standing of transferor issued by the state in which the Internal Revenue Code. transferor is incorporated. g § 1033 Transfer is pursuant to a Copy of agreement governing transfer between transferor and condemnation and conversion government body or authority condemning the property; notarized into a similar property for affidavit executed by transferor stating that transferor will identify purposes of § 1033 of the and purchase replacement property within the time limits required Internal Revenue Code. by § 1033 of the Internal Revenue Code, or copy of contract of sale if transferor has already identified replacement property. If proceeds from condemnation exceed price of replacement property, the excess must be stated on the application as the taxable amount. h § 1041 Transfer is between spouses Copy of marriage license or divorce decree; copy of deed which will or incident to divorce for be recorded to accomplish the transfer; if incident to divorce, copy of purposes of § 1041 of the section of court order or separation agreement governing transfer of Internal Revenue Code. the property. i § 1368 Transfer is treated as a Copy of agreement governing transfer between transferor and transfer by an S corporation transferee; copy of approval by the Internal Revenue Service of for purposes of § 1368 of the transferor’s S-corporation election; Certificate of Good Standing of Internal Revenue Code. transferor issued by the state in which transferor is incorporated. 09/22 |