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Certificate of non foreign status

Non-Foreign Affidavit Under IRC 1445 - South Carolina-2025

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The document is a Non-Foreign Affidavit under Internal Revenue Code Section 1445(b)(2) for property transfer in South Carolina. It certifies that the sellers are not 'foreign persons' as defined by the IRS, providing their taxpayer identification numbers and addresses to establish exemption from withholding requirements during the sale of the property.

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Click ‘Get Form’ to open the Non-Foreign Affidavit Under IRC 1445 in our editor.
Begin by entering the names of the Seller(s) in the designated field at the top of the form.
Fill in the property details, including the address and parcel number, ensuring accuracy for legal compliance.
Provide your United States taxpayer identification number and address for each Seller listed. Make sure all information is correct to avoid delays.
Confirm that you are not a 'foreign person' as defined by Section 1445(f) of the Internal Revenue Code by checking the appropriate box.
Complete the section for transferee(s) or Buyer(s) to document who will receive this affidavit.
Sign and date where indicated, ensuring all Sellers have completed their signatures.
Finally, have a Notary Public witness your signatures and complete their section at the bottom of the form.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

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.

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.

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 non-foreign status Affidavit?

CERTIFICATE OF NON FOREIGN STATUS. (FIRPTA AFFIDAVIT) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person.

What is a non-conclusive Affidavit?

A Non-Collusion Affidavit is a legal document that you can use to ensure fairness in the bidding process.

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.

Non-Foreign Affidavit Under IRC 1445 - South Carolina-2025

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