IRC 1445 Affidavits

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Commonly Asked Questions about IRC 1445 Affidavits

Is the amount the transferor realizes on the transfer of a US real property interest is zero?

If the amount realized by transferor on a transfer of a U.S. real property interest is zero, no withholding is required.

What is Section 1445 of the withholding Code?

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.

What is IRS Notice 1445 mean?

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.

Who signs a FIRPTA Affidavit?

In order to avoid issues with FIRPTA, the seller will sign an Affidavit and docHub status. Otherwise, various pesky IRS forms, such as Form 8288 may be required.

What is a section 1445 Affidavit?

AFFIDAVIT OF NON-FOREIGN STATUS. Section 1445 of the Internal Revenue Code provides that a buyer of a United States real property interest must withhold tax if the seller is a foreign person.