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Click ‘Get Form’ to open the Non-Foreign Affidavit Under IRC 1445 - Texas in our editor.
Begin by filling in the Seller(s) name at the top of the form. Ensure that all names are spelled correctly as this is crucial for legal documentation.
In the property description section, provide the complete address of the property, including city, county, and state. Include any relevant district or parcel numbers for clarity.
Next, enter your United States taxpayer identification number along with your address details. If there are multiple sellers, repeat this step for each seller listed.
Confirm that you are not a 'foreign person' as defined by Section 1445(f) of the Internal Revenue Code by checking the appropriate box or providing a statement if required.
Finally, sign and date the affidavit at the bottom. Ensure that all sellers have signed where indicated and include a notary public's signature if necessary.

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What is a foreign person within the meaning of section 1445?

(3) Foreign person. The term foreign person means any person other than -- (A) a United States person, and. (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.

What is a qualified substitute declaration of possession of transferors affidavit of non-foreign status?

A qualified substitute may be (i) an attorney, title company, or escrow company (but not the Sellers agent) responsible for closing the transaction, or (ii) the Buyers agent.

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.

What is a non-foreign affidavit?

Whenever you sell real property in the United States, the buyer will require you to sign a FIRPTA affidavit swearing that you are or are not a foreign person. FIRPTA refers to the Foreign Investment in Real Property Tax Act of 1980.

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