Non-Foreign Affidavit Under IRC 1445 - Hawaii-2025

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

Does a FIRPTA affidavit need to be docHubd?

This declaration is crucial for the buyer of the property in ensuring they are not held liable for any FIRPTA withholding. In order for the buyer to declare the non-foreign status of the seller, the seller must provide a signed and docHubd statement with a penalty of perjury.

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.

Non-Foreign Affidavit Under IRC 1445 - Hawaii-2025

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