Form 71.3 Non-resident Seller of Real Estate - Election to Have Withholding Based on Gain - Rhode Island

Form 71.3 or the "Non-resident Seller Of Real Estate - Election To Have Withholding Based On Gain" is a form issued by the Rhode Island Department of Revenue.

Download a PDF version of the Form 71.3 down below or find it on the Rhode Island Department of Revenue Forms website.

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RHODE ISLAND DIVISION OF TAXATION
NON-RESIDENT SELLER OF REAL ESTATE
ELECTION TO HAVE WITHHOLDING BASED ON GAIN
TAX YEAR OF SALE:
SELLER # 1
SELLER # 2
Name
Name
Address
Address
SS# or FEI #
SS# or FEI #
Phone#
Phone#
IF MULTIPLE SELLERS, PLEASE COMPLETE MULTIPLE SELLER PORTION OF CERTIFICATE.
If husband and wife own property jointly and will file a joint income tax return, check here ( ) and
both sign on bottom of back page. If husband and wife own property jointly and will not file a joint
income tax return, treat as separate/multiple sellers.
Expected closing date:
IN THE EVENT OF MULTIPLE SELLERS, ALL SELLERS MUST ELECT THE
GAIN METHOD OR THE NET PROCEEDS METHOD WILL BE USED
ELECTION FOR WITHHOLDING BASED ON GAIN
I (we) the prospective seller(s) of property located at
(street address)
in the City/Town of
, Rhode Island and further designated as
in the land records of said city/town, hereby elect to have the withholding
(plat # and lot #)
required under R.I.G.L. 44-30-71.3 based on my (our) estimated gain rather than on net proceeds. I (we) hereby request that
the Rhode Island Division of Taxation approve my (our) estimated withholding computation and forward to me (us) or to
another designated person, a certificate of withholding due prior to the closing date above. I (we) understand the failure to
make this election by filing this form with the Division of Taxation at least 20 days prior to the expected closing date will result
in withholding based on net proceeds at the time of the sale. I (we) understand that this election is binding and will result in
an amount based on estimated gain to be withheld at the closing in lieu of withholding calculated on net proceeds.
CALCULATIONS:
1. Gross sales price (real estate and personal property)
$
2. Less expenses of sale
$
3. Net sales price
$
4. Less cost or other basis
$
5. Gain (Loss).
$
If a gain, and all is recognizable, enter here and on line 7 below.
If a loss, stop here, sign and send in for certificate of no withholding due.
6. If some part of the gain is not taxable or tax deferred (e.g. installment sale);
or if all the gain is not taxed for federal income tax purposes, complete the
$
applicable section on page 2 and enter the unrecognized gain here
7. Gain subject to Withholding (line 5 less line 6)
$
8. Withholding Rate:
%
6% if seller is an individual, estate or trust
9% if seller is a corporation
9. Withholding Amount Due (multiply line 7 by line 8)
$
RI - 71.3 Election
see reverse side for signature line
Rev. 12/14/2009
RHODE ISLAND DIVISION OF TAXATION
NON-RESIDENT SELLER OF REAL ESTATE
ELECTION TO HAVE WITHHOLDING BASED ON GAIN
TAX YEAR OF SALE:
SELLER # 1
SELLER # 2
Name
Name
Address
Address
SS# or FEI #
SS# or FEI #
Phone#
Phone#
IF MULTIPLE SELLERS, PLEASE COMPLETE MULTIPLE SELLER PORTION OF CERTIFICATE.
If husband and wife own property jointly and will file a joint income tax return, check here ( ) and
both sign on bottom of back page. If husband and wife own property jointly and will not file a joint
income tax return, treat as separate/multiple sellers.
Expected closing date:
IN THE EVENT OF MULTIPLE SELLERS, ALL SELLERS MUST ELECT THE
GAIN METHOD OR THE NET PROCEEDS METHOD WILL BE USED
ELECTION FOR WITHHOLDING BASED ON GAIN
I (we) the prospective seller(s) of property located at
(street address)
in the City/Town of
, Rhode Island and further designated as
in the land records of said city/town, hereby elect to have the withholding
(plat # and lot #)
required under R.I.G.L. 44-30-71.3 based on my (our) estimated gain rather than on net proceeds. I (we) hereby request that
the Rhode Island Division of Taxation approve my (our) estimated withholding computation and forward to me (us) or to
another designated person, a certificate of withholding due prior to the closing date above. I (we) understand the failure to
make this election by filing this form with the Division of Taxation at least 20 days prior to the expected closing date will result
in withholding based on net proceeds at the time of the sale. I (we) understand that this election is binding and will result in
an amount based on estimated gain to be withheld at the closing in lieu of withholding calculated on net proceeds.
CALCULATIONS:
1. Gross sales price (real estate and personal property)
$
2. Less expenses of sale
$
3. Net sales price
$
4. Less cost or other basis
$
5. Gain (Loss).
$
If a gain, and all is recognizable, enter here and on line 7 below.
If a loss, stop here, sign and send in for certificate of no withholding due.
6. If some part of the gain is not taxable or tax deferred (e.g. installment sale);
or if all the gain is not taxed for federal income tax purposes, complete the
$
applicable section on page 2 and enter the unrecognized gain here
7. Gain subject to Withholding (line 5 less line 6)
$
8. Withholding Rate:
%
6% if seller is an individual, estate or trust
9% if seller is a corporation
9. Withholding Amount Due (multiply line 7 by line 8)
$
RI - 71.3 Election
see reverse side for signature line
Rev. 12/14/2009
RHODE ISLAND DIVISION OF TAXATION
NON-RESIDENT SELLER OF REAL ESTATE
ELECTION TO HAVE WITHHOLDING BASED ON GAIN
SPECIAL TYPES OF TRANSACTIONS
( ) Check here if this sale will not be subject to tax under IRC Section 121 (Sale of Principal Residence); 721
(Tax-Free Exchanges - Partnership Interest); 1031 (Like Kind Exchange); or 1033 (Involuntary Conversions) and
circle the applicable section. If such section does not ultimately apply to this transaction, the seller acknowledges
the obligation to file a Rhode Island tax return for the year of the sale.
INSTALLMENT SALE SCHEDULE
( ) Check here if the seller will be recognizing gain from this transaction on the installment sale election for fed-
eral tax purposes. A complete installment sale schedule must be attached to this election form. See regulations
and instructions and enter the amount of unrecognized gain on page 1, line 6.
GAIN ON ASSETS HELD MORE THAN FIVE (5) YEARS
Effective January 1, 2010, any capital gain will be treated as ordinary income.
NONRESIDENT CORPORATE INFORMATION
If the seller is a nonresident corporation, the buyer will be deemed to be in compliance with the remittance
requirements if the seller provides the buyer with a Letter of Good Standing issued by the Tax Administrator for
the purposes of the sale.
WITHHOLDING APPLIED
Withholding will be credited to the Nonresident Rhode Island seller(s)’s individual or corporate tax return(s) which
must be filed by the seller(s) for the year of the sale. If such withholding exceeds the actual tax due, the balance
will be refunded upon filing of a return. If less than the actual tax due, the balance will be due by the due date of
the tax return filed for the year of the sale.
Under penalties of perjury, I declare that I have examined this return, and to the best of my knowledge and belief, it is true, correct and complete.
Seller # 1 Signature
Date
Seller # 2 Signature
Date
IF MORE THAN TWO (2) SELLERS, ATTACH SCHEDULE FOR OTHER SIGNATURES
MAIL THIS FORM TO:
Chief Revenue Agent
Personal Income Tax Section
Rhode Island Division of Taxation
One Capitol Hill
Providence, RI 02908
--- Please include a self-addressed stamped envelope ---
Rev. 12/14/2009

Download Form 71.3 Non-resident Seller of Real Estate - Election to Have Withholding Based on Gain - Rhode Island

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