Non-Foreign Affidavit Under IRC 1445 - Georgia-2026

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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 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 - Georgia in our editor.
Begin by filling in your name(s) as the Seller(s) at the top of the form. Ensure that all names are spelled correctly to avoid any discrepancies.
In the property description section, provide the complete address of the property, including city, county, and state. Fill in any additional details such as District, Section, Block, Township, Range, or Parcel Number as applicable.
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 under Section 1445(f). This is crucial for establishing your exemption from withholding requirements.
Finally, sign and date the affidavit. Ensure that all sellers have signed where indicated and include a notary public's signature if required.

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What is code 1445?

26 U.S. Code 1445 - Withholding of tax on dispositions of United States real property interests.

What is section 1445?

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 an Affidavit pursuant to Section 1445 of the Internal Revenue Code?

Internal Revenue Code (IRC) 1445 provides that a transferee (Buyer) of a U.S. real property interest must withhold tax if the transferor (Seller) is a foreign person. In order to avoid withholding, IRC 1445 (b) requires that the Seller (a) provides an affidavit to the Buyer with the Sellers taxpayer

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 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.

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What is the percentage of withholding for Section 1445?

In general, section 1445(a) provides that any person who acquires a U.S. real property interest from a foreign person must withhold a tax of 15 percent (10 percent in the case of dispositions described in paragraph (b)(2) of this section) from the amount realized by the transferor foreign person (or a lesser amount

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.

Non-Foreign Affidavit Under IRC 1445 - Georgia-2026

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