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Alabama Affidavit of Seller Residence

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This affidavit provided by Alabama Department of Revenue is completed by the seller and provided to the buyer for the establishment of Alabama residency, by which the property sale will not be subject to the state's withholding laws.

Alabama Affidavit of Seller Residence
Alabama Affidavit of Seller Residence
Form NR-AF1 8/08
AFFIDAVIT OF SELLER'S RESIDENCE
___________________________________________ __________________________________________
Seller’s Name Seller’s Identification Number (SSN or FEIN)
______________________________________ __________________________________________
______________________________________ Spouse’s Identification Number (if jointly owned)
______________________________________ _____________________________ ___________ __________
Street Address City State Zip
INSTRUCTIONS
This form is to be executed by the seller and furnished to the buyer to establish Alabama residency, so that the proceeds of the sale of
property are not subject to the withholding laws of this state. (See Section 40-18-86, Code of Alabama 1975.)
Alabama residents are not subject to the withholding provisions of Alabama Code Section 40-18-86. Alabama residents include both
individuals and business entities domiciled in Alabama. Business entities will be considered domiciled in Alabama if they are
organized under Alabama law or they have their principal place of business in Alabama.
Sellers are not subject to withholding from the proceeds of a sale if either they are a resident of Alabama or they are deemed to be a
resident of Alabama by virtue of the fact that they have filed Alabama tax returns in the preceding two years, do business or own
property in Alabama, intend to file an Alabama tax return for the current year, and if they are a corporation or limited partnership
registered to do business in Alabama.
The seller is to execute this affidavit by placing an initial in the blank preceding the statements which apply. The buyer may rely on
the seller’s affidavit unless the buyer knows or should know, based on the buyer’s knowledge at the time of closing, that statements
made on the affidavit are false. The buyer has no duty to investigate the statements made on a seller’s affidavit. The buyer should
retain a copy of the affidavit and submit the original copy to the Alabama Department of Revenue, Individual and Corporate Tax
Division, P O Box 327950, Montgomery, AL 36132-7950.
Seller is exempt from withholding on the sale of property because:
_____ Seller is a resident of Alabama.
Seller is not a resident of Alabama, but is deemed a resident for purposes of withholding because all of the following apply:
_____ Seller is a nonresident who has filed Alabama tax returns or appropriate extensions have been received by the Department
for the preceding two years; AND
_____ Seller is an established business in Alabama and will continue substantially the same business in Alabama after the sale OR the
Seller has real property in Alabama at the time of closing of equal or greater value than the withholding tax liability as
measured by the 100% property tax assessment of such remaining property; AND
_____ Seller will report the sale on an Alabama income tax return for the current year and file by its due date with extensions; AND
_____ If seller is a corporation or limited partnership, seller is registered to do business in Alabama.
Under penalties of perjury, I swear that the above information is to the best of my knowledge and belief, true, correct, and complete.
__________________________________________________________ _______________________
Seller’s Signature (and Title, if applicable) Date
Sworn to and subscribed before me this
______day of _______________________, ______
_____________________________Notary public
My commission expires____________________
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Alabama Affidavit of Seller Residence