Name Affidavit of Seller - South Carolina 2025

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The South Carolina Code of Laws, Section 12-8-580, says that the purchasers are to withhold 7% of gain for individuals and 5% of gain for corporations that are considered a non-resident seller.
Non-resident withholding tax is a mechanism employed by Canada to ensure that individuals or entities considered residents for tax purposes still contribute their fair share. Its like Canadas way of saying, Hey, even if youre not a permanent resident here, you may still have tax obligations.
Under the withholding statute, the purchaser is liable for the collection and payment of seven (7%) percent of the amount realized on the sale by the nonresident seller or five (5%) percent of the amount realized on the sale if the seller is a nonresident corporation.
Essentially, if ownership is in the name(s) of an individual, 7% of the gain on the money collected at closing of the sale is to be withheld to be applied against the South Carolina income tax. If ownership is in a corporate name, 5% of the gain must be withheld.
In South Carolina, non-residents may be subject to withholding on their gain amounts. The South Carolina Code of Laws, Section 12-8-580, says that the purchasers are to withhold 7% of gain for individuals and 5% of gain for corporations that are considered a non-resident seller.
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SC Revenue Ruling #90-3 requires buyers to complete four copies of Form I-290 for each sale. One copy is sent with the payment to the Department by the fifteenth of the month following the month of the closing.
The affidavit is a sworn statement of fact that specifies the seller of a property holds the title to it. In other words, its proof that the seller owns the property.
The IRS requires 15% of the sales price be withheld on the sale of United States real property interests by foreign persons (on sales above $1,000,000), and either 15% or 10% on sales between $300,001 and $1,000,0000, and either 15% or $0 for sales of $300,000 and under.

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