On the MD. non resident seller tax addendum there is a phone number to contact the Comptrollers office. That is who you should contact. I have dealt with this before and had my seller contact them. They are the ones that can give you an exemption, if you are entitled. I had a non resident seller who was getting proceeds back at the table, even though he was actually taking a loss on the property. They would have with held money if he had not addressed this in the beginning. He was able to show the loss and therefore they gave him an exemption. I would contact them now so you know where you stand but I don't think they will do anything until you have a ratified contract. I think it will take about 2 weeks for them at that point. Good luck to you.Kim Mills
There will be no tax owed if you are losing money on the house. However, it is still possible that there would be withholding for you since you are no longer a MD resident (your ex-husband is, so it would not apply to him). Obviously if there is no tax owed, you would get the withheld amount back, but it's going to be much easier if you address this upfront. If you can show that there is no profit, the state will generally waive the withholding requirement. You should contact the title company that will be doing the settlement - they will be able to help you prepare and submit the appropriate forms. Your Realtor should have given you this information when you listed your home.
You also might want to discuss your "status" with the title company. You might not even be subject to the withholding requirement. In either case, do this soon.
Ted Stewart, CRS, e-PRO
Yerman Witman Gaines & Conklin Realty
My advice is for you to get in touch with the closing attorney and get it resolved before closing.
Brett is correct below. . this could cost you a lot of money. Talk to the attorney righ away