Non-Foreign Affidavit Under IRC 1445 - Indiana-2025

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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).
If youre applying for a FIRPTA withholding certificate for reasons one, two, or three, you should file Form 8288-B (Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests).
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.
In most cases, the buyer (transferee) is the withholding agent. The transferee must find out if the transferor is a foreign person.
Seller shall provide a completed affidavit to the qualified substitute, who will furnish a statement (C.A.R.

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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.
The application must be signed by the individual or a duly authorized agent (with a copy of the power of attorney, such as Form 2848, Power of Attorney and Declaration of Representative, attached), a responsible officer in the case of a corporation, a general partner in the case of a partnership, or a trustee, executor
FIRPTA documents themselves, specifically the FIRPTA Withholding Certificate or the exemption affidavit, may require notarization. These documents are filed with the Internal Revenue Service (IRS) as part of the process for handling the withholding tax on the sale of U.S. real property by a foreign person.

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