A C corporation registered to do business in Oregon;
A city county or other municipal or public corporation
A governmental instrumentality (i e city county state or
A pass through entity;
A pass through entity; or
A personal representative executor conservator bankruptcy
A resident of Oregon;
Acquired as gift is property that the seller did not purchase
An agency or instrumentality of the United States or the
An entity registered to do business in Oregon;
An individual who is a resident of Oregon (see Determining
Authorized agent is an escrow agent licensed under
BIN is the Oregon business identification number a business
cash to seller shown on the HUD 1 settlement sheet
Didn t keep a home in Oregon during any part of the
Eight percent of the gain that is includable in Oregon taxable
Exempt transferor is a transferor that is:
Farm use is land that is employed in the trade or business
FEIN is the federal employer identification number a
Four percent of the consideration (sale price);
Maintained a permanent home outside Oregon the entire
Nonexempt transferor is a transferor that is a nonresident
Oregon is the center of the transferor s financial social
Oregon is the place the transferor intends to return to
Pass through entity is an entity through which income
Rental property is any real property that is a rental building
Specially assessed is property that has received a special
Spent less than 31 days in Oregon during the year
The consideration (total sales price) for the real property
The conveyance is occurring instead of foreclosure of
The conveyance is pursuant to a judicial foreclosure proceeding
The net proceeds disbursed to the transferor
The transferor delivers to the authorized agent a written
The transferor thinks of Oregon as his or her permanent
To be retained for the authorized agent s records
To the transferor for their records
Transferee is a person who acquires ownership of real
Transferor is a property owner who transfers sells
Undeveloped land is a parcel of land that is vacant and
$200 000 He has claimed straight line depreciation on the
$500 000 She purchased it for $250 000 ten years ago and
($465 000 $250 000)
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(1) Percent of ownership in real property
(2) Nonresident owner s share of consideration from conveyance
(attach separate basis calculation) 4
(Clear This Page) Clear This Page
(LLP) certain trusts or estates
(or written assurance) to the department within 30 days
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1 Consideration Amount of seller s share of sales price 1
10 Multiply line 9 by 8% (0 08) 10
11 Tax payment Enter the least of lines 2 3 or 10 11 $
15 2014 The authorized agent completes Form OR 18 We
150 101 183 (Rev 12 13)
150 101 183 (Rev 12 13)
2 Multiply line 1 by 4% (0 04) 2
20 days from the date the proceeds from the conveyance are
28 2014 Even though Anne was a resident of Oregon for the
3 Net proceeds ( cash to seller ) 3
4 Your federal or Oregon adjusted basis in the property whichever is greater
453 to report the gain associated with the conveyance
5 Selling costs directly related to this conveyance not already included in the basis calculation 5
6 Add lines 4 and 5 6
7 Taxable gain Subtract line 6 from line 1 7
8 Reduce gain by applicable nonrecognition section under federal law Enter IRC section 8
9 Subtract line 8 from line 7 9
955 Center Street NE
a mortgage trust deed sales contract or other security
A nonexempt transferor must complete Form WC Written
A nonresident is a transferor that maintains his or her
a personal residence and the entire gain qualifies for exclusion
a resident of Oregon
A transferor is a full year resident of Oregon (even if living
A transferor who moved into or out of Oregon during the
a writ of execution a nonjudicial foreclosure of a trust
Address of property conveyed
Affirmation for an Oregon Real Property Conveyance This
Agent daytime telephone number
agent forwarded $200 000 of the amount due to the transferor
agent If the transferor does not provide the completed
agent involved and the attorney deposits the proceeds of
agent must remit 4 percent of the consideration for the
agents must obtain a completed Form WC from the transferor
ago for $225 000 The total gain from the sale of his personal
Americans with Disabilities Act (ADA): Call one of the help
amount on the HUD 1 settlement sheet on the cash toseller
amount originally paid for the property plus improvement
An authorized agent must obtain a completed Form WC
an exempt transferor such as a pass through entity then
an exemption the authorized agent must withhold from
an Oregon Real Property Conveyance
and expenses flow to the owners of the entity such as a
and family life; and
and forms are designed to inform authorized agents and taxpayers
and providing a simple calculation of how the credit will
and tax payment requirements are based on the owner of
and the remainder paid evenly each subsequent year For tax
any property given to the transferor
any structures located upon it
are disbursed during the part of the year that the transferor
as indicated in these instructions
Asistencia en espa ol:
assurance as provided in section 6045(e) of the Internal
assurance to the authorized agent that the entire gain qualifies
attached
attesting to their residency status
ATTN: Processing Center
Attorney
authorized agent for six years from the date the transaction
authorized agent on or before the date of the closing
Authorized agent s business name
authorized agent will be credited to the Oregon income tax account of the transferor as an estimated payment
Authorized agents are not required to submit tax payments
Authorized agents should keep information showing that
behalf of the taxpayer(s): By signing I also certify that I have the authority to execute this form ]
behalf you may want to keep a copy of the Form
being sold Adjusted basis is generally considered the
bottom section of the form to the department along with
business in Oregon
business is assigned for federal tax purposes
C corporation
Calculating the tax payment
calendar year is a part year resident The individual is a
cases attorneys ( authorized agents ) are usually required
Chapters 118 316 317 or 318 Enter explanation and calculation below or attach separate page
City State ZIP code
claim these tax payments on their Oregon tax returns filed
closed The authorized agent also sends a copy of Form
closing of the conveyance Give the top portion of the form
complete Form WC Situations where the entire gain is not
complete part B of Form WC Calculation of gain and tax
Complete the top section of the form for all nonexempt
Consideration
consideration paid or the net proceeds from the sale
consult a tax professional for assistance if they are unsure
conveyance or if less the entire net proceeds
Corporate excise (200)
Corporate income (202)
Corporations: Claim as payments made on your behalf from real estate income on your Oregon Form 20 or 20 I
costs and minus depreciation Transferors may wish to
costs directly related to the conveyance (if not already taken
Current mailing address
Date acquired
Date paid:
deed or a nonjudicial forfeiture of a land sale contract; or
deeds or otherwise conveys their ownership interest in real
deferred The authorized agent is only required to submit a
Definitions
Department of Revenue Use Only
Detach Here Detach Here
determination the transferor may not consider other losses
determine if the entity is disregarded for tax purposes use
Determining nonexempt status
Determining residency status Determining residency status
disbursal to:
disbursed to the transferor Send the payment with the payment
Disregarded entities
Due date for Form WC
Due date of Form OR 18 and Form TPV 18
each transferor
Each transferor is considered separately for exemption If
Edward over five years with 50 percent paid in the first year
Enter Payment Amount
entered into a deferred like kind exchange The escrow
entered into a land sale contract where the transferee pays
entirely by a single member is disregarded for tax purposes
Escrow agent
estimate If more space is needed a separate page may be
Example 1: Anne moved from Oregon to California on
Example 2: Katie sold a small commercial building for
Example 3: Same facts as Example 2 except that Katie
Example 4: Matt sold his rental triplex for $750 000 He purchased
Example 5: Steve a single individual sold his personal residence
Example 6: Edward sold a large acreage for $1 million His
Example 7: Hanna conveyed her real property on August
excludable include if the taxpayer claimed business use of
exclude $250 000 of the gain from the sale of his personal
exclusion amount
exempt transfer Form WC is retained in the records of the
Exempt transferors
Exempt transfers
farm use (EFU) but is not required to be
federal adjusted basis The result is reduced by the selling
federal agencies)
Federal employer ID number (FEIN)
filed To claim this exemption the nonexempt transferor
first three months of the year she was not a resident at the
for $690 000 He purchased the property eight years
For example a California resident who sells Oregon property
for exclusion of gain as the seller s principal residence
for exclusion under IRC section 121 The transferor does
For tax year
for taxes paid to another state on the Oregon nonresident
for the year in which the sale was made These instructions
Form OR 18 and Form TPV 18
Form OR 18 Form WC Form TPV 18 and instructions
Form Tax Year
form to us
Form WC
Form WC and written assurances
Form WC part A: Exemption
Form WC part B: Calculation of gain and
Form WC to the authorized agent as required the authorized
from closing
from taxation the transferor may reduce the gain includable
from the sale is unlikely to be subject to Oregon tax the
from the seller
from the transferor before the transaction closes If the
Gain includable in Oregon taxable income
gain is not excludable from federal tax the transferor must
Gain recognized using the installment method
gain that is excludable under federal law
Gain that is partially exempt from taxation
General
General information
General tax information www oregon gov/dor
gifted to the seller
grantor trust is sometimes referred to as a revocable trust
grantor trust special rules apply for tax purposes Sometimes
Grantor Trusts A grantor trust is not recognized for tax
Gratis de prefijo de Oregon 1 800 356 4222
guidelines to determine which box to check in the Type of
has not been improved for accessibility to utilities nor has
help make that determination If still in doubt authorized
home deductions in the past or the gain exceeds the federal
home;
how to calculate their adjusted basis If the adjusted basis is
I (we) certify under penalty of perjury the above statements are true I (we) understand that the amount shown on line 11 is being remitted
I (we) hereby affirm that I am (we are) the transferor(s) of the property described above and that as of the date of closing I have (we have)
If a nonexempt transferor reasonably determines the gain
If a transferor completes a written assurance that the gain
If a transferor conveys property that is partially exempt
If a transferor is a limited liability company (LLC) or a
If a transferor is not exempt from the tax payment requirements
If a transferor uses the installment method under IRC section
If the amount on line 11 is zero no tax payment is being made [Corporate officers fiduciaries or other qualified persons signing on
If the grantor is deceased the trust is irrevocable and tax
if the transferor is an exempt transferor such as:
If the transferor is selling a personal residence and the entire
If two transferors are married/RDPs and intend to file a
If you are an authorized agent use Form OR 18 to report
Important addresses
in Oregon taxable income by the exempt amount for
in taxable income by the amount excludable on his federal
includes cash assumed debt and the fair market value of
income is $427 270 ($750 000 $272 730 $50 000)
income is received (commercial industrial or residential)
income; or
Individual (100)
Individual C corporation
Individuals: Claim as tax payments from real estate transactions on your Oregon Form 40N or 40P
Information for authorized agents:
instructions If the seller is a single member LLC owned by
instrument or a land sale contract with no additional
into account in the basis calculation) and any part of the
Introduction Exemptions
is $100 000 or less;
is a resident of Oregon or another exemption applies
is an authorized agent if there is no licensed escrow
is assigned for Oregon tax purposes
is true even if a nonexempt transferor is engaging in an
is unable to return it to the agent by the time the agent
is unlikely to be due and a calculation that explains the
It could be property that was inherited or simply
joint Oregon tax return for the year of the transaction complete
KEEP A COPY OF THIS FORM IN AUTHORIZED AGENT S RECORDS FOR SIX YEARS FROM DATE SIGNED
Keep the above portion with your records Do not mail it to the depar tment unless asked to do so
knowledge (or have received advice from a tax professional) that there is no tax likely to be due under Oregon Revised Statutes (ORS)
less the transferor s federal adjusted basis in the
Limited Liability Companies (LLCs) An LLC owned
line was $275 000 The escrow agent is scheduled
LLCs or a C corporation that is not registered to do
Mail For m TPV 18 with payment within 20 days from
Mail Form WC within 30 days from closing to:
Mail within 30 days of closing to:
March 31 2014 She sold her Oregon rental property on July
may be due when the seller is a nonresident Taxpayers will
may reasonably expect to be eligible to claim the credit
monetary consideration
must complete part A of Form WC explaining why tax
must submit a tax payment of the lower of 4 percent of the
Name of authorized agent
Name of authorized agent (escrow agent or attorney)
Name(s) of individual or C corporation transferring property (transferor)
Net proceeds
nonexempt transferor may claim exemption In making the
not need to complete Form WC
numbers for information in alternative formats
of farming for a profit The land may be zoned for exclusive
of Oregon including grantor trusts and single member
of Revenue as an estimated payment for any taxes that
of the conveyance He calculates the tax payment only on the
of their requirements Note that there are exceptions
offset any Oregon tax due on gain from the sale of the real
one Form WC Otherwise complete a Form WC for
one transferor is exempt tax payments are only required on
OR 18 in your records
OR 18 Report of Tax Payments on Real Property Conveyances 2014
or a living trust As long as the grantor is living treat the
or corporate tax return Complete Form OR 18 as part of the
or deductions that may be claimed when the tax return is
or deferral
or does not complete part A of Form WC indicating
or Fiscal Year Ending
or structure (including mobile homes) for which rental
Oregon Department of Revenue
Oregon Department of Revenue ATTN: Processing Center 955 Center St NE Salem OR 97301
Oregon during the year?
Oregon residents are deemed nonresidents if they:
Oregon Revised Statutes (ORS) 696 505 to 696 590 An attorney
Other:
out of Oregon temporarily or moved back to Oregon after a
outside of Oregon) if all of the following are true:
PART A Authorized agent
Part A: Exemption
PART B Transferor s information
Part B: Calculation of gain and tax payment
PART C Transferor s Oregon income and ownership information
PART D Payment information
partnership S corporation limited liability company (LLC)
Payment amount
payment and provide it to the authorized agent handling
payment is $275 000
Payment of Tax for Nonresidents FORM
payment Reduce the gain for the year by the amount that is
payments are not required
percent of the sales price or if less all of the net proceeds
Percentage of ownership interest in property
permanent home outside of Oregon all year Sometimes
PO Box 14950
portion of the gain recognized in the year of conveyance
Principal residence exemption If the transferor is selling
property
property conveyed section:
property located in Oregon
property or the Oregon adjusted basis if different than the
property over the last 15 years totaling $327 270 ($21 818 each
property tax assessment such as a reduced valuation
property to another person or entity
property were $20 000 and included typical costs The
Purpose of forms
purposes because the grantor retains substantial control A
purposes Edward recognizes $250 000 of the gain in the year
qualifies for the principal residence exclusion under IRC
Real estate tax payments at a glance
real property (unless the transfer is exempt see Exempt
real property and is generally the sales price Consideration
registered domestic partners (RDPs) filing a joint return
related to this transaction used to calculate the tax
renovated the property spending an additional
Rental property Farm use Other:
Reporting tax payments
requires the authorized agent must submit a payment of 4
residence from taxation He may reduce the gain includable
residence is $465 000 Under IRC section 121 Steve may
residency status);
resident for part of the year and a nonresident for part of the
return based on the amount of gain that California will also
Revenue Code (IRC) that the sale or exchange qualifies
Salem 503 378 4988
Salem 503 945 8617
Salem OR 97301 2555
Salem OR 97309 0950
scheduled to disburse $75 000 to Katie The net proceeds
Secondary tax I D number
section 121 that is all that s required If the transferor signs
selling costs of $50 000 His gain includable in Oregon taxable
showing the tax payment to the transferor and send the
Signed under penalty of perjury:
Social Security number (SSN)/BIN/FEIN of transferor
Spouse s/RDP s name (if applicable)
Spouse s/RDP s signature (if applicable) Date
SSN/BIN/FEIN
State
State
State of Oregon; or
still owed $205 000 on it Her selling expenses from the
Street address
tax In that case the nonexempt transferor completes the
tax on the gain from the sale Escrow agents and in some
tax payment
tax payment on the first installment of an installment sale
tax payments are not required
Tax payments are required when nonresidents sell Oregon
Tax Payments on Real Property Conveyances 2014
tax return The tax payment is based on the gain of $215 000
Tax Year
Tax year 2014
Taxpayer assistance
Taxpayer is:
Taxpayer name
Taxpayer tax year end date
temporary absence
that is not a disregarded entity limited liability partnership
the authorized agent
The authorized agent is required to complete Form OR 18 and Form TPV 18 to send a payment
The authorized agent must prepare two copies of Form OR 18 and Form TPV 18 for each Mail Form TPV 18 within 20 days from disbursal to:
The authorized agent must send the completed Form WC
The consideration for the conveyance is the amount given to
the date of the payment
The following terms are used in these instructions:
the guidelines below:
the LLC If an LLC is owned by one individual or spouses/
the portion of the conveyance attributable to the nonexempt
the proceeds and submit the smaller of:
the property 15 years ago for $400 000 He immediately
the rental is $272 730 ($600 000 $327 270) He had ordinary
the sale into a client trust account and disburses funds to
the seller is an exempt transferoror or obtain Form WC
the tax payment As evidence of the tax paid on the transferor s
the tax payment the transferor may claim on the personal
the transaction in the time specified by the authorized
the transferor
the transferor in exchange for the transferor s interest in the
The transferor is still an Oregon resident if he or she moves
The transferor must provide the completed Form WC to the
the transferor reduces the gain used to calculate the tax
the written assurance the authorized agent must send that
these entities are disregarded for tax purposes To
third quarter of 2014 as of the date the payment is made
This is the amount from the conveyance that is to be disbursed
This is the amount of consideration received for the conveyance
this purpose
this requirement if the conveyance occurs and the proceeds
Those who sell Oregon real property are subject to Oregon
time of the conveyance so she may not claim exemption as
to a qualified intermediary The escrow agent is
To determine gain includable in Oregon taxable income
To determine the proper tax payment the transferor must
to disburse $275 000 from this conveyance The net proceeds
to the transferor Generally this is the amount of
to withhold and remit tax payments to the Oregon Department
Toll free from an Oregon prefix 1 800 356 4222
Toll free from an Oregon prefix 1 800 886 7204
top part of Form WC and part A explaining the situation
total gain on the sale was $500 000 He and the transferee
TPV 18
transferor
transferor and distribute as follows: Oregon Department of Revenue
Transferor is (check one)
Transferor name
transferor refuses to provide a completed Form WC or
Transferor s address
Transferor s daytime telephone number
Transferor s federal employer identification number (FEIN)
Transferor s signature Date
Transferor s Social Security number (SSN)/BIN
transferor should keep a copy of the Form WC provided to
transferor(s)
transferors are Oregon residents use the criteria below to
transferors that must complete Form WC Use the following
transfers on page 1) If you are uncertain whether or not
treat the member(s) as individuals and follow the related
trust as an individual and follow the related instructions
trustee or other person acting under judicial review;
TTY (hearing or speech impaired; machine only):
Type of authorized agent
Type of property conveyed Specially assessed Undeveloped land Acquired as gift
Type of taxpayer: Individual
under federal law the transferor must provide a written
under IRC section 121;
unknown at the time of the transfer the authorized agent
Use this section to calculate Oregon tax required to be withheld The tax payment sent to the Oregon Department of Revenue by the
used to calculate the tax payment is $75 000
voucher Form TPV 18 Payment of Tax for Nonresidents
WC and any required attachments to the department The
WC Written Affirmation for
We will credit the payment to the appropriate tax year as of
What if the transferor moves into or out of
when away
When the property is owned by more than one
Who is a nonresident?
Who is an Oregon resident?
will credit Hanna s tax account with the payment for the
Written Affirmation for an Oregon Real Property Conveyance
year A part year resident may only claim exemption from
year for 15 years) His Oregon and federal adjusted basis in
year; and
you must determine your adjusted basis in the property
You must remit the tax payment to the department within
ZIP code
ZIP code