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Certificate of non foreign status

Non-Foreign Affidavit Under IRC 1445 - Utah-2026

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

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Click ‘Get Form’ to open the Non-Foreign Affidavit Under IRC 1445 - Utah in our editor.
Begin by entering the names of the Seller(s) in the designated field at the top of the form. Ensure that all names are spelled correctly to avoid any discrepancies.
In Section 1, provide the complete address of the property being transferred, including city, county, and state. Fill in additional details such as District, Section, Block, Township, Range, or Parcel Number as applicable.
For Section 2, input each Seller's United States taxpayer identification number along with their corresponding addresses. Make sure to double-check for accuracy.
In Section 3, confirm that you are not a 'foreign person' as defined by Section 1445(f). This is crucial for establishing your exemption from withholding requirements.
Finally, have all Sellers sign and date the affidavit at the bottom. Ensure that a Notary Public witnesses this process and completes their section.

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What is a non-foreign affidavit?

Also known as an Affidavit of Non-Foreign Status, it is an IRS form a seller uses to docHub under oath that he/she isnt a foreign citizen. The form includes important information such as the name of the seller, U.S. taxpayer identification number as well as the home address.

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 foreign affidavit?

A foreign affidavit is a written statement made under oath in one state or country but executed in another. This document is typically used to address legal matters that require verification or confirmation from a different jurisdiction.

What is a non-filing affidavit?

Civil Procedure Code, Order 19 Rule 1: Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured. Civil Procedure Code, Order 7 Rule 1: The pecuniary value of the suit for jurisdiction and. court fee purposes is the same.

What if a seller is classified as a foreign person?

For buyers, determining whether the seller is a foreign person for FIRPTA purposes is a vital step. If the seller is classified as a foreign person, the buyer is legally obligated to withhold and remit the 15% tax. Failure to comply can leave the buyer responsible for the amount due, creating financial and legal risks.

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.

Non-Foreign Affidavit Under IRC 1445 - Utah-2026

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