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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.
The term foreign person means any person other than I.R.C. 1445(f)(3)(A) a United States person, and. I.R.C. 1445(f)(3)(B) except as otherwise provided by the Secretary, an entity with respect to which section 897 does not apply by reason of subsection (l) thereof.
IRC Section 1445 is a portion of the Internal Revenue Code that involves withholding taxes and tax refunds for a foreign person, the transferor, selling real estate property to a buyer, the transferee, in the United States.
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.
The Foreign Investment in Real Property Tax Act (FIRPTA) requires most foreigners who sell or otherwise dispose of U.S. real property to pay capital gains tax on any profits. To make sure the tax is collected, the law also usually requires the buyer to withhold 15% of the purchase price and send it to the IRS.
By this Affidavit, the undersigned hereby gives sworn representation that it, as seller(s) of a United States real property interest, is not a foreign person as defined in the Internal Revenue Code Section 1445, thus permitting the transferee of the property to waive the ten (10%) percent withholding requirement in
Sec. 1445 Withholding of tax on dispositions of United States real property interests. Share. Chapter 3 -- Withholding of Tax on Nonresident Aliens and Foreign Corporations. Subchapter A -- Nonresident Aliens and Foreign Corporations. IRC 1445 | Section 1445 Internal Revenue Code - Tax Notes taxnotes.com research federal usc26 taxnotes.com research federal usc26
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.