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Non-Foreign Affidavit Under IRC 1445 - Minnesota

Non-Foreign Affidavit Under IRC 1445 - Minnesota-2025

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The document is a Non-Foreign Affidavit under Internal Revenue Code Section 1445(b)(2) for property transfer in Minnesota. It certifies that the sellers are not 'foreign persons' as defined by the IRS, providing their taxpayer identification numbers and property details to exempt the transaction from withholding requirements.

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Who is considered a foreign person for FIRPTA?

A foreign person is a nonresident alien individual or foreign corporation that has not made an election under section 897(i) of the Internal Revenue Code to be treated as a domestic corporation, foreign partnership, foreign trust, or foreign estate. It does not include a resident alien individual.

What is a non-foreign person affidavit?

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.

What is required for a FIRPTA affidavit for real estate?

Required Information The FIRPTA affidavit requires specific information to verify the sellers status. Key details include: Seller Identification: Full name, address, and taxpayer identification number. Property Description: Legal description of the real estate property being sold.

What is a certificate of foreign status?

Form W8-BEN, Certificate of Foreign Status of Beneficial Owner for U.S. Tax Withholding, is used by a foreign person to establish both foreign status and beneficial ownership, and to claim income tax treaty benefits with respect to income other than compensation for personal services.

What is a certificate that seller is not a foreign person?

This Standard Document is delivered by the owner of a seller that is a disregarded entity in a stock or asset sale to inform the buyer that the sellers owner is not a foreign (non-US) individual or entity and therefore not subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA).

What does FIRPTA mean for a seller?

The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests.

What if a seller is classified as a foreign person?

This is the law known as FIRPTA- the Foreign Investment in Real Property Tax Act. So when a foreign party sells US real estate, the buyer (via the escrow company or settlement agent in most states), must withhold a significant amount of the sales price, and (probably) send it into the IRS.

Who is responsible for determining whether the seller is a foreign person or entity?

The buyer (transferee) of the U.S. real property interest is the withholding agent. The transferee must determine if the transferor is a foreign person. If the transferor is a foreign person and the transferee fails to withhold, the transferee may be held liable for the tax.

Non-Foreign Affidavit Under IRC 1445 - Minnesota-2025

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