Tax Type
General Provisions
Description
Nonresident real property owner registration
Topic
Clarification
Date Issued
12-19-1990
December 19, 1990
Re: Request for Ruling: Nonresident Real Property Owner Registration
Dear ****
This will apply to your letter of November 1, 1990 in which you request a ruling regarding how Va. Code §§58.1-316 and 58.1-317 apply to the beneficiaries of trusts and estates.
RULING
Pursuant to the above-referenced Code sections, all nonresident payees receiving gross rental payments of $600 or more in any calendar year from the rental of real property in Virginia or payments from the transfer of present or future fee simple title form. An estate or trust which consists of real property belonging to a nonresident individual (decedent or grantor); or which is being administered outside of Virginia will meet the definition of a "nonresident payee."
The residency status of the estate's or trust's beneficiary(ies) is not determinative of the estate's or trust's nonresident payee status. However, any nonresident beneficiaries of an estate or trust required to register must be listed on Form R-5P or on a schedule, under the department's prescribed format, which will accompany the registration form.
If you need any additional information, please contact the department.
Sincerely,
W. H. Forst
Tax Commissioner
Rulings of the Tax Commissioner