.05 Responsibilities of Transferee and Real Estate Reporting Person at Settlement.

A. Unless the transfer is fully exempt from the withholding requirements of this chapter, the transferee or real estate reporting person shall:

(1) Withhold at settlement the tax required under Regulation .03B(1) of this chapter; and

(2) Remit the tax to the clerk or to the Department in accordance with Regulation .06 of this chapter.

B. A Return of Income Tax Withholding for Nonresident Sale of Real Property (Form MW506NRS) is required for each transferor for each transfer in which tax was withheld.