Sellers Certificate of Exemption

The Alabama Form NR-AF3: Sellers Certificate of Exemption is used for protecting the buyer and increasing the convenience of the seller. The form is effective in sales or transfer or real property by nonresidents of the State of Alabama. It is for the reason when the seller is exempt from the withholding requirements. This exemption is in consonance to Section 40-18-86, Code of Alabama 1975 as enforced by the Alabama Department of Revenue.

Extracted Text for Proper Search

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	
Seller’s Certificate of Exemption	
F\brm NRAF3	
\f/\f4	
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 provided for the convenience of the seller and the protection of the buyer, to be executed in sales or transfers of real property by
nonresidents when the seller is exempt from the withholding requirements imposed by the Alabama Department of Revenue pursuant to Section
40\b\f8\b86,  Code of A\fa\bama 1975 . This form is not required to be used or submitted to the Department, but the seller may wish to execute this
form or a similar document to protect all parties to the transaction. 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. To execute this form, the seller is to initial any statement which applies. If any one of the statements
below applies to the seller, the transaction is exempt.
*For privacy and confidentiality purposes, the \f\fN or FEIN of the seller and of the buyer may be omitted or deleted from copies of all
documents exchanged between the parties involved. \bowever, all documents required to be submitted to the Alabama Department of
Revenue must contain the complete \f\fN or FEIN information on the original copy mailed to the Department.
This  is  to  certify  that  the  seller  of  this  property  is  not  a  resident  of  Alabama,  but  is  exempt  from  the  withholding  provisions  of  the  Alabama
Department of Revenue Section 40\b\f8\b86 by virtue of the following:
_____ The property being sold is the seller's principal residence and none of the gain is required to be included in federal adjusted gross income.
_____ The seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration.
_____ The seller or buyer is an agency or authority of the United States of America or the State of Alabama.
_____ The seller or buyer is the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation.
_____ The seller or buyer is a private mortgage insurance company.
_____ The purchase price of the property is less than $300,000.00.
_____ The seller is an S corporation or a partnership subject to withholding under Section 40\b\f8\b86, and an Alabama composite return will be filed on behalf of the nonresident shareholders, members, or partners.
_____ The seller is a tax exempt organization, and the income from this sale is not subject to Alabama income tax.
_____ The seller is an insurance company which pays to Alabama a tax on its premium income.
_____ The seller is a financial institution, as defined under Section 40\b\f6\b\f, subject to Alabama’s Financial Institution Excise Tax.
_____ The  transaction  is  a  non\brecognition  transaction  such  as  a  like  kind  exchange  where  gain  is  realized  by  the  seller  but  completely  not recognized for Alabama income tax purposes.
_____ The transaction is a transfer of a limited interest in real property, including easements, rights of way, mortgages or other instruments that secure indebtedness, or leases (not including capital leases). 
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)                   \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 ________________________