Form I-290x - Amended Nonresident Real Estate Withholding (Page 2 of 2) in pdf

INSTRUCTIONS FOR FILING FORM I-290X

See SC Revenue Ruling #09-13 or any subsequent advisory opinion regarding Nonresident Seller Withholding on our

website

You must complete information concerning the location of property, date of withholding (date of payment), the seller's

name, and address, seller's SSN or FEIN, buyer's name and address, and buyer's SSN or FEIN, and the date of closing

(date of sale of property). Only in the case of installment sales will the date of withholding and the date of closing be a

different date.

I-290X is used to correct the amount of withholding remitted to the South Carolina Department of Revenue from a sale of

real and tangible personal property by a nonresident of South Carolina.

I-290X can be filed only after an original I-290 has been filed. When items are in question, refer to instructions for

preparing I-290. Attach the original I-290 to this amended I-290X.

I-290X can only be used to request a refund prior to the filing period for the individual income tax return. Once an

individual income tax return can be filed, we can no longer consider a refund from I-290X. Please attach a copy of I-290X

to the individual income tax return when filed.

REASONS FOR FILING FORM I-290X

No Affidavit (I-295) or Overstatement of Gain - If the seller does not file an affidavit (I-295) with the buyer stating the

amount of gain the seller is required to recognize or if the seller overestimated the gain, a refund can be issued, if the

seller has not filed an income tax return claiming the amount withheld as a credit against an income tax liability. When

filing, attach relevant computations.

Previous Computation Error - If the amount withheld and sent to the Department was incorrect because of an error in

computing the amount to withhold or the seller and buyer were unaware of the exceptions to the withholding at the time of

the closing, then part or all of the withholding may be refunded to the seller. (Attach computations.)

If there is an amount on Line 8, I-290X must be attached to your income tax return rather than I-290.

Social Security Privacy Act

It is mandatory that you provide your social security number on this tax form. 42 U.S.C 405(c)(2)(C)(i) permits a state to

use an individual's social security number as means of identification in administration of any tax. SC Regulation 117-201

mandates that any person required to make a return to the SC Department of Revenue shall provide identifying numbers,

as prescribed, for securing proper identification. Your social security number is used for identification purposes.

The Family Privacy Protection Act

Under the Family Privacy Protection Act, the collection of personal information from citizens by the Department of

Revenue is limited to the information necessary for the Department to fulfill its statutory duties. In most instances, once

this information is collected by the Department, it is protected by law from public disclosure. In those situations where

public disclosure is not prohibited, the Family Privacy Protection Act prevents such information from being used by third

parties for commercial solicitation purposes.

Mail Requests For Refunds To:

SC Department of Revenue

Real Estate Withholding

Columbia, SC 29214-0024

32902033

Form I-290x - Amended Nonresident Real Estate Withholding Page 2