Alabama Form NR -AF1: Affidavit of Sellers Residence
If a person wishes to sell a property in the State of Alabama, the following affidavit has to be executed. This aim of this affidavit is making sure that the property being sold is not going to be affected by the withholding laws of Alabama.
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A LABAMA D EPARTMENT OF R EVENUE INDIVIDUAL & C ORPORATE TAX D IVISION W ITHHOLDING TAX SECTION P.O. Box 3\b\f480 • Montgomery, AL 3613\b \f480 www.revenue.alabama.gov Affidavit of Selle r’s Residence F\brm NR AF1 6/13 SELLER’S NAME (AND SPOUSE’S NAME, IF JOINTLY OWNED) SELLER’S IDENTIFICATION NUMBER (SSN OR FEIN) * \3 \3 \3 SPOUSE’S IDENTIFICATION NUMBER (IF JOINTLY OWNED) * STREET ADDRESS \3 \3 \3 \3 \3 \3 \3 CITY \3 \3 \3 \3 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 A\fa\bama 1975)\b Alabama residents include both individuals and business entities domiciled in Alabama\b 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\b Alabama residents are not subject to the withholding provisions of Alabama Code Section 40 18 86, and are not required to complete this form; however, a buyer may wish to have an Alabama resident complete this form as proof of residency for the buyer’s records\b In this case, the form should not be sent to the Alabama Department of Revenue, but should be retained by the buyer\b 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, are registered to do business in Alabama\b The seller is to execute this affidavit by placing an initial in the blank preceding the statements which apply\b 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\b The buyer has no duty to investigate the statements made on a seller’s affidavit\b For a transaction where a nonresident seller is a “deemed resident,” 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, Withholding Tax Section, P\bO\b Box 3\f7480, Montgomery, AL 3613\f 7480\b *\bor privacy and confidentiality purposes, the SS\f or \bEI\f of the seller and of the buyer may be omitted or deleted from copies of all documents exchanged between the parties involved. However, all documents required to be submitted to the Alabama Department of Revenue must contain the complete SS\f or \bEI\f information on the original copy mailed to the Department. Seller is exempt from withholding on the sale of property because: _____ Seller is a resident of Alabama\b (If this statement applies, do not submit a copy of this form to the Alabama Department of Revenue\b The buyer should retain a copy of the affidavit as a record of the transaction\b) Seller is not a resident of Alabama, but is a “deemed 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\b Under penalties of perjury, I swear that the above information is to the best of my knowledge and belief, true, correct, and complete\b SELLER’S SIGNATURE (AND TITLE, IF APPLICABLE) \3 \3 DATE \3 SPOUSE’S SIGNATURE (AND TITLE, IF APPLICABLE) \3 \3 DATE Sworn to and subscribed before me this ______day of _______________________, _______ ____________________________________________ Notary Public My commission expires ________________________Relevant article from our knowledge database
Please be aware that the individual making the affidavit isn't always necessarily the affiant. On the opposite hand, there are many other kinds of affidavits which may be created for virtually any goal. Before continuing to learn how to compose an affidavit letter, it is necessary to comprehend what an affidavit is. An affidavit cannot be legalized alone. Rather than a letter, there's a printable affidavit of support form which can be found on the embassy site. The petitioner who's residing abroad ought to have a principal residence in the U.S. and mean to maintain that residence later on. The plaintiff is waving a blank bit of paper before you.
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The collection company doesn't have the original agreement by means of your signature, and they understand that they don't have a case against you...unless you make the error of earning an agreement with the collection business and then earning a payment on it. Who knows, the business may give you a more affordable deal with extra services later on. The charge card provider sells that off to a collection provider for $100.
The simplest way is to seek advice from a lawyer and receive the notice drafted. In addition, selecting an attorney usually means you could minimize contact by means of your spouse, as they will generally should communicate with you only through your lawyer. Each lawyer is going to have slightly different set of documents. If you decide to retain an attorney, you don't need a high-priced one. In this kind of situation, you might need to get hold of an appellate attorney as an alternative to a divorce or family attorney.