Alabama Withholding Tax for Out-of-State Property Owners
By Scott & Tinsley Myrick, Gulf Coast Real Estate Professionals
(RE/MAX of Orange Beach)
Information provided by the Alabama Association of Realtors, posted by Tinsley Myrick of RE/MAX of Orange Beach on March 6, 2009. What is it? The Alabama Legislature has enacted a new law (§40-18-86 Code of Alabama) that requires Buyers to withhold 3% of the purchase price or consideration paid for the sale or transfer of real estate by non-resident individuals and 4% for sales by nonresident corporations, partnerships, or unincorporated associations of the State of Alabama. THE ACT APPLIES TO THE SALE OF ALABAMA REAL PROPERTY BY A SELLER WHO IS A NONRESIDENT OF THE STATE OF ALABAMA. Why is it being withheld? The money is required to be withheld by the Buyer in order to collect the capital gains tax owed by a nonresident seller to the State of Alabama. Is this a new Tax? NO. This is not...
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