NCperson
Level 15
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State tax filing

1) It appears you indeed meet the "2 of the last 5 years" exclusion requirements, so the first $500,000 (assuming you are married) of gains are tax free.  I can't state whether there are any capital gains taxes because you never stated what you gain would be.  

 

2) It appears that completing form IT-AFF3 is the appropriate form to complete, assuming the gain is less than $500,000.  Note the first reason is that the you are exempt from reporting the gain on federal tax returns. 

https://dor.georgia.gov/it-aff3-sellers-certificate-exemption.

 

3) Otherwise, it appears that if the gain is more than $500,000, then IT-AFF2 would need to be completed so that the closing statement only withholds 3% of the gain, instead of 3% of the purchase price. 

 

What GA appears to be attempting to do is collect the income tax at the closing table as it's problematic for them to go after out-of-state residents should the seller not submit a state income tax return. 

 

@TaxWander 

 

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