Responsibilities and Requirements of Transferor

(a) Provide Withholding Agent with Transferor’s Certification . For all Transfers subject to withholding, the Transferor must provide the Withholding Agent with a Transferor’s Certification signed under penalties of perjury as set forth in 830 CMR 62B.2.4(8). If the Transferor does not provide a Transferor’s Certification before the return is filed, then a withholding exemption cannot be claimed. Additionally, if the Transferor does not provide a Transferor’s Certification before a return is filed, then the Transferor cannot elect to withhold using the alternative withholding calculation set forth in 830 62B.2.4(3)(d).

(b) Retain Transferor’s Certification . The Transferor shall retain a copy of the Transferor’s Certification and shall provide this information to the Commissioner upon request.

(c) Liability . The Transferor is responsible for paying any tax due on the net gain from the Transfer of Massachusetts Real Estate. Tax due includes any applicable interest, as set forth in 830 CMR 62B.2.4(11)(b).