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Affidavit of non foreign status

Non-Foreign Affidavit Under IRC 1445 - Georgia-2025

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The document is a Non-Foreign Affidavit under Internal Revenue Code Section 1445(b)(2) for property transfer in Georgia. 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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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.

What does IRS notice 1445 mean?

The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to income tax withholding (IRC section 1445). 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.

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).

Who is considered a foreign person for FIRPTA?

Under the FIRPTA withholding rules, a foreign person generally includes: nonresident aliens. foreign corporations that havent elected to be treated as a domestic corporation. foreign partnerships, trusts, and estates.

What does the IRS consider a foreign person?

A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U.S. person. It also includes a foreign branch of a U.S. financial institution if the foreign branch is a qualified intermediary.

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.

What is a foreign person under section 1445?

The term foreign person means any person other than I.R.C. 1445(f)(3)(A) a United States person, and. I.R.C. 1445(f)(3)(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 - Georgia-2025

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Non-Foreign Affidavit Under IRC 1445 - Georgia-2025

Here's how it works

How to edit Non-Foreign Affidavit Under IRC 1445 - Georgia online

See more Non-Foreign Affidavit Under IRC 1445 - Georgia versions

Complete this form in 5 minutes or less

Got questions?

What is a non-foreign affidavit?

What does IRS notice 1445 mean?

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

Who is considered a foreign person for FIRPTA?

What does the IRS consider a foreign person?

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What if a seller is classified as a foreign person?

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