How do I get a refund, via my income tax return, for Maryland non-resident seller transfer withholding tax that shouldn't have been paid during the sale of my home?

[Robert-J-Baker61]

I lived in my MD home from 2013 to 2017, and sold it in mid 2019. I lived out of state from 2017 to late 2019, and rented out my MD home until a few months before it was sold.

[KurtL1]

To obtain a refund of the Maryland non-resident seller transfer withholding you would file a Maryland non resident Form 505.  Line 44 is where you would enter the amount withheld. See Maryland Tax Booklet - Form 505.

You will need to add Maryland as a state in TurboTax and file as a non resident.  

[Robert-J-Baker61]

I moved back to Maryland in December of 2019. Therefore, as of right now, I am filing as a part-year resident for both Maryland and Pennsylvania. Does that make a difference? 

[Hal_Al]

No, part year resident won't matter. MD conforms to the federal home sales exclusion rules. 

But, tax will be assessed on the rental portion of the capital gain (the depreciation recapture).