Question

Georgia withheld taxes on the sale of a house and I am not a Georgia resident - how do I get that withholding returned?

Forum|Forum|7 years ago
June 6, 2019
2 replies
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T

ToddL

Employee

You will have to file a GA non-resident tax return in order to get a refund of any tax withheld by GA .

J

Jdean1951

I sold a home in Ga, live in another state, in 2022. This tax was withheld by our closing company. Do I have to file an non-resident return, even if I am not interested in trying to get the withholding back? What determination is needed to get it refunded? Thanks.

D

DianeW777

Yes, if you must file a federal return, then as a non-resident you are required to file the Georgia (GA) return.

You may want to file the return. If there is a gain on the sale of the house, then you must pay tax on that gain to your resident state. If you don't file the GA return there would be nothing to provide you a credit for taxes paid to another state on your resident state return. This means you would pay tax on the gain twice.

Now we will look at the GA filing requirements for non-residents.

Non-Residents - Non-residents who work in GA or receive income from GA sources and are required to file a Federal income tax return are required to file a Georgia Form 500 Individual Income Tax Return.

TurboTax will walk you through the process. ALWAYS complete the nonresident state first and the resident state last.

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Hal_Al

Employee

Q. So the nonresident seller is still required to file a Georgia income tax return, even with the
withholding?
A. Yes. In general, income from the sale of Georgia property is required to be reported on a Georgia
income tax return. Once the return is completed, the actual tax liability will be determined, and the
taxpayer either claims a refund for any overpayment, or pays the amount of any underpayment, the sameas with any other income tax return.

Reference: https://dor.georgia.gov/information-georgias-withholding-requirements-sales-or-transfers-real-property-nonresidents (click on Sales or Transfers of Real Property [download])