Bureau Information

• About Us
• Compliance
• Fuel Tax
• Income/Estate Tax
• Property Tax
• Sales/Use & Service Provider Tax
• Other Taxes
• Tax Relief
• FAQ's
  • Sales Tax
  • Income Tax
  • 1040 FastFile
  • Partnerships & S Corporations
  • Pass-through Entity Withholding
  • Estate Tax
  • Tax and Rent Refund
  • Income Tax Withholding/ Unemployment Contributions
  • Business Equipment Tax Reimbursement
  • Form 1099 from Maine Revenue Services
  • Quality Child Care Investment Tax Credit
  • Insurance Taxes
  • Real Estate Withholding
• Useful Links

03. Are there any exceptions to the Maine real estate withholding requirement?

Yes. If the seller is a resident of Maine at the time of the sale, if the consideration is less than $50,000 (see note below), if the capital gain is not recognized for federal or Maine income tax purposes or if there is a loss on the sale of the property, withholding is not required. See 36 MRSA § 5250-A(3) for these and other exemptions that may apply. See question 5 on how to request an exemption from the Maine Real Estate Withholding requirement.

If a property is subject to a foreclosure sale and the consideration received for the property does not exceed the debt secured by that property, no Maine income tax withholding is required and Maine Revenue Services does not require a withholding exemption certificate (see 36 MRSA § 5250-A(3-A)).

Note: Gains on the sale of property federally taxable are also taxable by Maine, even if the total consideration is less than $50,000.

Rev. 12/07

Maine.gov | DAFS Home| MRS Home| Privacy Policy