Home Selling in San Marcos>Question Details

yi80925, Other/Just Looking in San Marcos, CA

Is it necessary to fill the form Seller's Affidavit of Nonforeign And/Or California withholding exemption (AS) for every seller?

Asked by yi80925, San Marcos, CA Tue Apr 16, 2013

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This document is required for every Real Estate transaction. The purpose of this document is to prove that the seller is a U.S. citizen, and that he/she has a social security number or corporate I.D. number to prove it. It is protect all parties
0 votes Thank Flag Link Tue Apr 23, 2013
This doesn't protect the buyer or the seller. If a foreign seller inserts a false TIN who would know at closing?? A real TIN on this paper will expose the seller to ID theft. Explain to me how I'm wrong.
Flag Sat Mar 22, 2014
Yes. It is imperative for all sellers to complete the Seller's Affidavit of Non-foreign And/Or California withholding exemption. One more important real estate disclosure form!
0 votes Thank Flag Link Tue Apr 16, 2013
Yup - each seller has to submit this with their own social security information. It's part of the tax law.
0 votes Thank Flag Link Tue Apr 16, 2013
Either that or the QS form (Qualified Substitute)which can be drawn up thru escrow or here in CA there is a QS Form that agents have access to thru The California Association of Realtors.One or the other is required of every Seller.

Hope that helps!

Chris Gorno
0 votes Thank Flag Link Tue Apr 16, 2013
Yes, actually it work for your protection as well. By doing this you're making statement that you're US citizen or permanent resident and an exempt from withholding, if you are? Also it protects the escrow officer/company, because they are the one who does this withholdings.
0 votes Thank Flag Link Tue Apr 16, 2013
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