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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.

How can I avoid paying FIRPTA?

According to the IRS, you can be exempt from FIRPTA withholding if you meet one or more of the following: Exception #1 - Buyer Will Reside. Exception #2 Publicly Traded Corp. Exception #3 Corp Certifies that Interest is not US Real Property. Exception #4 Seller Certifies They Are Not Foreign.

What is a non-foreign certificate?

What Is a Certification of Non-Foreign Status? With a Certification of Non-Foreign Status, the seller of real estate is docHubing under penalty of perjury, that the seller is not foreign. Therefore, the seller and the transaction will not have the withholding requirements.

What is the purpose of a FIRPTA form?

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.

What is an IRS 1445 notice?

In general, IRC 1445 requires the purchaser of a USRPI from a foreign person to withhold 10 percent (or more) of the amount realized on the disposition.

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