Seller'S Residency Affidavit - Rhode Island Division Of Taxation (Page 2 of 2) in pdf

11. (

) Resident Individuals, Estates or Trusts. At the date of the closing, the affiant is a resident

individual, estate or trust as those applicable terms are defined in the Rhode Island tax laws

pertaining to the seller.

12. (

) Resident Partnership. At the date of the closing, the undersigned is a general partner in the

seller and, having personal knowledge that all partners in the seller are Rhode Island residents, that

the seller is therefore a resident partnership for the purposes of compliance with RI 30-71.3 and

related regulations.

Limited Liability Companies (LLC)

13. (

) LLC declared to be taxed as a Partnership pursuant to Chapter 7-16 RIGL. At the date of the

closing, the undersigned is a general partner in the seller and, the seller-partner is a Rhode Island

resident. That the seller is therefore a resident partnership for the purposes of compliance with RI

30-71.3 and related regulations and must comply with Section 44-11-29.

14. (

) LLC declared to be taxed as a Corporation. At the date of closing, the undersigned is either

(a) a limited liability company formed pursuant to Chapter 7-16 of RIGL; or (b) a limited liability

company registered with this state as a foreign limited liability company pursuant to RIGL 7-16-

49 and is considered a resident limited liability company and must comply with Section 44-11-29.

The undersigned understands that this affidavit and its contents may be disclosed or provided to the

Rhode Island Division of Taxation and that any false statement contained herein could be punished by

fine, imprisonment, or both.

Under penalties of perjury, I declare that I have examined this Affidavit and, to the best of my knowledge

and belief, it is true, correct and complete.

_______________________________________________

(Signature)

_______________________________________________

(Name – Please Print)

SUBSCRIBED AND SWORN to

Before me this ________ day

of ________________, 20____.

______________________________

Notary Public

Commission Expires: _____________

----Instructions to Buyer----

Effective January 1, 1992, when a nonresident sells Rhode Island realty and associated tangible personal

property, the buyer must deduct and withhold a percentage of the total amount paid. The buyer may rely

on the seller’s determination of residency only if the seller furnishes the buyer with a residency affidavit.

This residency affidavit must be completed by the seller and made part of all closings when any Rhode

Island realty and associated tangible property are sold. In the absence of this affidavit, the buyer must

withhold. Every buyer subject to withholding is liable for the amounts withheld or required to be

withheld and the amounts are a lien on the property until paid. The buyer should retain the original

affidavit with the other records and must produce it for the Division of Taxation, if requested. A copy of

the affidavit should be given to the seller. The buyer should not send the affidavit to the Tax Division.

Seller'S Residency Affidavit - Rhode Island Division Of Taxation Page 2

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