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Commonly Asked Questions about IRC 1445 Affidavit

Without the FIRPTA affidavit form, a buyer cannot know with certainty if the person selling them a U.S. property is a foreign person or not. It protects the buyer if withholding is deemed not necessary. If a seller is unable to complete the FIRPTA affidavit, he/she may be subjected to a withholding of up to 15%.
This declaration is crucial for the buyer of the property in ensuring they are not held liable for any FIRPTA withholding. In order for the buyer to declare the non-foreign status of the seller, the seller must provide a signed and docHubd statement with a penalty of perjury.
This simple form, containing a certification under oath that the seller is not a foreign person and disclosing the transferors name, U.S. taxpayer identification number[4] and home address (or office address, in the case of an entity), will insulate the buyer so long as the buyer does not have actual knowledge that
The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to income tax withholding (IRC section 1445). The buyer (transferee) of the U.S. real property interest is the withholding agent.
Compliance: Transactions subject to FIRPTA are required to be reported on Forms 8288 and 8288-A and submitted to the IRS along with the appropriate withholding by the twentieth day after the transaction. A withholding certificate application is filed on Form 8288-B and must be submitted by the date of the transaction.
FIRPTA Certificate In order to ensure foreign sellers pay any necessary tax, the Internal Revenue Service implemented FIRPTA withholding. The main FIRPTA form is the Foreign Investment in Real Property Act. The purpose of this law is to facilitate accurate withholding and compliance for U.S. tax purposes.
Except as otherwise provided in this section, in the case of any disposition of a United States real property interest (as defined in section 897(c)) by a foreign person, the transferee shall be required to deduct and withhold a tax equal to 15 percent of the amount realized on the disposition.