MARYLAND |
|
|
|
|
2021 |
|
|
|
|
|
FORM |
|
|
ADDENDUM FOR APPLICATION FOR |
|
MW506AE |
|
CERTIFICATE OF FULL OR PARTIAL EXEMPTION |
|
|
|
|
|
|
|
Code Letter |
IRC Section |
Description |
|
Required Documentation |
|
|
|
|
|
a |
§ 351 |
Transfer is to a corporation |
Copy of the agreement of sale; Certificate of Good Standing of |
|
|
controlled by the transferor |
transferee issued by the state in which transferee is incorporated; |
|
|
for purposes of § 351 of the |
notarized affidavit executed on behalf of transferee by its President |
|
|
Internal Revenue Code. |
and its Treasurer stating that immediately after the exchange the |
|
|
|
|
|
transferor(s) will own stock in the transferee possessing at least eighty |
|
|
|
|
|
percent (80%) of the total combined voting power of all classes of |
|
|
|
|
|
transferee’s stock entitled to vote and at least eighty percent (80%) |
|
|
|
|
|
of the total number of shares of all other classes of stock of the |
|
|
|
|
|
transferee; and an appraisal establishing the fair market value, at |
|
|
|
|
|
the time of the exchange, of any property other than stock in the |
|
|
|
|
|
transferee which is part of the consideration for the exchange. The |
|
|
|
|
|
fair market value of any such other property and/or any money which |
|
|
|
|
|
is part of the consideration for the exchange must be stated on the |
|
|
|
|
|
application as the taxable amount. |
|
|
|
|
|
|
|
b |
§ 361 |
Transfer |
is |
pursuant to a |
Copy of agreement governing the transfer between transferor and |
|
|
tax-free reorganization as |
transferee; Certificates of Good Standing of transferor and transferee |
|
|
described in § 361 of the |
issued by the state(s) in which transferor and transferee are |
|
|
Internal Revenue Code. |
incorporated; copy of the plan or reorganization showing that transferor |
|
|
|
|
|
and transferee are parties to the reorganization; and an appraisal |
|
|
|
|
|
establishing the fair market value, at the time of the exchange, of any |
|
|
|
|
|
property other than stock or securities in the transferee which is part |
|
|
|
|
|
of the consideration for the exchange and will not be distributed by the |
|
|
|
|
|
transferor in pursuance of the plan of reorganization. The fair market |
|
|
|
|
|
value of any such other property and/or any money which is part of |
|
|
|
|
|
the consideration for the exchange must be stated on the application |
|
|
|
|
|
as the taxable amount. |
|
|
|
|
|
c |
§ 501(a) |
Transfer is by a tax-exempt |
Copy of determination by the Internal Revenue Service that transferor |
|
|
entity for purposes of § 501(a) |
is a tax-exempt entity for purpose of § 501(a) of the Internal Revenue |
|
|
of the Internal Revenue Code |
Code; Certificate of Good Standing of transferor issued by the state |
|
|
and transfer involves limited or |
in which transferor is incorporated; notarized affidavit executed on |
|
|
no unrelated business taxable |
behalf of transferor by its President and by its Treasurer stating that |
|
|
income under § 512 of the |
the transfer involves limited or no unrelated business income under § |
|
|
Internal Revenue Code. |
512 of the Internal Revenue Code. |
|
|
|
|
|
d |
§ 721 |
Transfer is to a partnership in |
Copy of agreement governing transfer between transferor and |
|
|
exchange for an interest in the |
transferee; copy of the partnership agreement of the transferee. |
|
|
partnership such that no gain |
|
|
|
|
or loss is recognized under § |
|
|
|
|
721 of the Internal Revenue |
|
|
|
|
Code. |
|
|
|
|
|
|
|
|
e |
§ 731 |
Transfer is by a partnership to |
Copy of agreement governing transfer between transferor and |
|
|
a partner of the partnership in |
transferee; copy of the partnership agreement of the transferor. |
|
|
accordance with § 731 of the |
|
|
|
|
Internal Revenue Code. |
|
|
|
|
|
|
f |
§ 857 |
Transfer is treated as a transfer |
Copy of agreement governing transfer between transferor and |
|
|
by a real estate investment |
transferee; certified copy of Articles of Incorporation of transferor; |
|
|
trust for purposes of § 857 of |
Certificate of Good Standing of transferor issued by the state in which |
|
|
the Internal Revenue Code. |
transferor is incorporated. |
|
g |
§ 1033 |
Transfer is pursuant to a |
Copy of agreement governing transfer between transferor and |
|
|
condemnation and conversion |
government body or authority condemning the property; notarized |
|
|
into a similar property for |
affidavit executed by transferor stating that transferor will identify |
|
|
purposes of § 1033 of the |
and purchase replacement property within the time limits required |
|
|
Internal Revenue Code. |
by § 1033 of the Internal Revenue Code, or copy of contract of sale |
|
|
|
|
|
if transferor has already identified replacement property. If proceeds |
|
|
|
|
|
from condemnation exceed price of replacement property, the excess |
|
|
|
|
|
must be stated on the application as the taxable amount. |
|
|
|
|
|
|
|
h |
§ 1041 |
Transfer |
is |
between spouses |
Copy of marriage license or divorce decree; copy of deed which will |
|
|
or incident to divorce for |
be recorded to accomplish the transfer; if incident to divorce, copy of |
|
|
purposes of § 1041 of the |
section of court order or separation agreement governing transfer of |
|
|
Internal Revenue Code. |
the property. |
|
i |
§ 1368 |
Transfer is treated as a |
Copy of agreement governing transfer between transferor and |
|
|
transfer by an S corporation |
transferee; copy of approval by the Internal Revenue Service of |
|
|
for purposes of § 1368 of the |
transferor’s S-corporation election; Certificate of Good Standing of |
|
|
Internal Revenue Code. |
transferor issued by the state in which transferor is incorporated. |
|
|
|
|
|
|
|