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Non-Foreign Affidavit Under IRC 1445 - South Dakota

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

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What is an international Affidavit?

An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the sponsor.

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).

What is the purpose of a non-foreign Affidavit?

If you have a duty to withhold and you fail to do so, you can be liable for an amount equal to your compensation in the transaction and in some cases for the amount of tax that should have been withheld The affidavit is needed to provide the buyer with assurance that the seller is not a foreign person.

Who provides the FIRPTA Affidavit?

Seller shall provide a completed affidavit to the qualified substitute, who will furnish a statement (C.A.R.

What is IRS code 1445 foreign person?

Except as otherwise provided in this section, in the case of any disposition of a United States real property interest (as defined in section 897(c)) by a foreign person, the transferee shall be required to deduct and withhold a tax equal to 15 percent of the amount realized on the disposition.

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.

Does a FIRPTA affidavit need to be notarized?

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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