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Commonly Asked Questions about Non-Foreign Affidavit Documents

Think of FIRPTA as an advance tax payment. If a foreign person sells their property at a profit, they earn U.S. sourced income, and they have to pay tax on that income. The FIRPTA deposit stays at the IRS until the seller submits a tax return. Then, if they owe less tax, they get a refund for the difference.
This means that as part of the transaction, it is the buyers responsibilitynot the sellersto withhold 15 percent of the amount realized. In most cases, the closing attorney assists with FIRPTA withholding and compliance.
FIRPTA Certificate: A FIRPTA certificate is used to to notify the IRS that the seller of real estate is not a foreign-person. When a foreign person sells real estate, the IRS wants to know about it. Even though some capital gains income tax is exempt to foreign persons, real estate is not exempt.
FIRPTA 101: A Quick Recap Of FIRPTA FIRPTA was enacted in 1980 to ensure that foreign investors pay taxes on gains from the sale of U.S. real property. Under FIRPTA, the buyer of the property must withhold up to 15% of the sales price and remit it to the IRS.
FIRPTA, or the Foreign Investment in Real Property Tax Act, was enacted in 1980. Foreign investors are given a Taxpayer Identification Number (TIN) to pay taxes or for withholding purposes on properties they sell in the U.S.
CERTIFICATE OF NON FOREIGN STATUS. (FIRPTA AFFIDAVIT) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person.
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.
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