A buyer of Vermont land held for less than six years is required to withhold 10% of the consideration attributable to the land. At the time of any payment the withholding must be submitted to the Vermont Department of Taxes. The appropriate voucher and/or the Vermont Land Gains Withholding Tax Return form LGT-177must accompany the withholding payment. If the buyer does not remit withholding the Department will seek relief directly against the buyer for any tax due up to the amount of withholding.
If a Commissioner's Certificate is presented at the time of closing which certifies that tax was paid in advance, that no tax is due, or a conditional amount is required to be withheld the buyer can rely on this certification and will not be held liable if in the future any tax is due with respect to that particular transaction.
A buyer may also simultaneously file form LGT-177 with the seller paying the exact amount of tax due shown on the sellers Land Gains Tax Return LGT-178, and no withholding is necessary. In this case if it is later determined any tax is due the buyer will be liable to pay that amount up to 10% of the consideration originally exchanged.
Certain exemptions may be claimed by the buyer on form LGT-177. When an exemption is claimed the buyer certifies that if they do not comply with that exemption, they agree to take personal liability for the amount of tax that would have been due from the seller. If an exemption is claimed and there are acres transferred beyond the amount allowed by that exemption withholding must be remitted for 10% of the value attributable to the nonexempt portion of the land.
Filing Your Return
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Tax preparers who file more than five returns or certificate requests per calendar year are required to use myVTax for filing. If you file fewer than five returns, you can order a specific form online or by contacting us at (802) 828-2515.