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Selling expenses include commissions, advertising fees, legal fees, and loan charges that will be paid by the seller/transferor, such as loan placement fees or points.
California law requires withholding when a person (an individual, business entity, trust, or estate) sells California real property unless the seller qualifies for an exemption.
FIRPTA imposes a tax on capital gains derived by foreign persons from the disposition of U.S. real property interests. Withholding of the funds is required at the time of sale, and the payment must be remitted to the IRS within 20 days following closing.
Under FIRPTA, a buyer who purchases U.S. real estate from a foreign seller is obligated to withhold from seller's proceeds, and submit to the IRS, a percentage of the sales price of the U.S. real property.
The tax rate required by FIRPTA is 15% of the property sales price. However, some exemptions can be applied depending on the situation. Also, the FIRPTA tax may be refunded in part or in full to the seller after the IRS has approved his/her income tax return.

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FIRPTA is a withholding tax, which means it is an amount of the property sales price that is held back to pay for future taxes. When Maria is selling her vacation home in Florida, she is earning US-income. Hence, she will need to pay an estimated tax on that income to the IRS.
The only other way to avoid FIRPTA is via a withholding certificate. If FIRPTA withholding exceeds the maximum tax liability realized on the sale of the real property, sellers can appeal to the IRS for a lower withholding amount.
In a nutshell, California law requires a buyer to withhold 3.33% of the sales price and send it to the Franchise Tax Board as a \u201cprepayment\u201d of the state tax a seller owes on the sale of real estate.
The only other way to avoid FIRPTA is via a withholding certificate. If FIRPTA withholding exceeds the maximum tax liability realized on the sale of the real property, sellers can appeal to the IRS for a lower withholding amount.
Payments subject to withholding include: Payments to nonresident independent contractors who provide services in California. Other non-wage payments of California source income to nonresidents such as leases, rents, royalties, winnings and payouts.

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