Withholding Requirements for Nonresident Property Transfer
This file provides important information regarding income tax withholding on real property sales by nonresidents in Georgia. It outlines the relevant Georgia code and applicable exemptions. This is essential for sellers and buyers in understanding their tax obligations.
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How do I fill this out?
To fill out this form, start by gathering the necessary information related to the property transfer. Ensure you have the sales price and any relevant financial documents ready. Follow the instructions carefully to accurately calculate the withholding tax owed.

How to fill out the Withholding Requirements for Nonresident Property Transfer?
1
Gather all relevant financial information pertaining to the property sale.
2
Determine if you qualify for any exemptions from withholding requirements.
3
Complete the IT-AFF2 form if applicable, to report seller's gain.
4
Calculate the withholding amount based on the sales price or gain.
5
Submit the completed forms to the Department of Revenue.
Who needs the Withholding Requirements for Nonresident Property Transfer?
1
Nonresident property sellers in Georgia need this form to comply with tax withholding regulations.
2
Buyers of real property from nonresidents should use this file to understand their withholding responsibilities.
3
Closers or attorneys involved in property transactions require this form for proper documentation.
4
Real estate professionals must use this guideline to assist their clients with tax obligations.
5
Tax professionals need this form to advise clients on withholding requirements during property sales.
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What are the instructions for submitting this form?
To submit this form, send the completed IT-AFF2 along with any relevant documents to the Georgia Department of Revenue. You can fax your submission to 1-800-123-4567 or email it to taxwithholding@dor.ga.gov. For physical submissions, mail the documents to 1776 Peachtree Rd., Atlanta, GA 30338, ensuring you include your contact details.
What are the important dates for this form in 2024 and 2025?
For the year 2024, any sale or transfer occurring on or after January 1 mandates compliance with withholding requirements. The same applies to the year 2025, with no changes to the relevant code. Ensure timely submissions to avoid penalties.

What is the purpose of this form?
The purpose of this form is to outline the income tax withholding obligations for nonresidents involved in property transactions in Georgia. It serves as a guiding document for sellers and buyers to understand their respective responsibilities concerning withholding taxes. Proper completion of this form ensures compliance with state regulations.

Tell me about this form and its components and fields line-by-line.

- 1. Sales Price: The total amount for which the property is being sold.
- 2. Exemptions: Details about applicable exemptions from withholding.
- 3. Seller's Gain: The profit made from the sale of the property.
- 4. IT-AFF2 Form: Form used to report seller's gain, if applicable.
- 5. Closing Attorney Information: Information about the closing attorney managing the transaction.
What happens if I fail to submit this form?
Failing to submit this form can lead to penalties and interest on unpaid withholding taxes. It is crucial for all parties involved to ensure timely and accurate submission of required documents. Ignoring these obligations may result in legal repercussions.
- Penalties for Late Submission: Late submissions can incur financial penalties imposed by the state.
- Interest on Unpaid Taxes: Unpaid withholding taxes may accrue interest until fully paid.
- Legal Repercussions: Failure to comply can lead to legal actions against the seller or buyer.
How do I know when to use this form?

- 1. Sale of Nonresident Property: When a nonresident sells real estate in Georgia.
- 2. Transfer of Property Ownership: Applicable for any transfers including gifts or inheritances.
- 3. Foreclosure Transactions: To document tax obligations during foreclosure or short sales.
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