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A citizen or resident of the United States, A domestic partnership, or A domestic corporation, or An estate or trust (other than a foreign estate of foreign trust as those terms are defined in Section 7701 (a) (31) of the Code.
In order to avoid issues with FIRPTA, the seller will sign an Affidavit and docHub status. Otherwise, various pesky IRS forms, such as Form 8288 may be required.
A FIRPTA affidavit, also known as Affidavit of Non-Foreign Status, is a form a seller purchasing a U.S. property uses to docHub under oath that they arent a foreign citizen. The form includes the sellers name, U.S. taxpayer identification number and home address.
What Is a Certification of Non-Foreign Status? With a Certification of Non-Foreign Status, the seller of real estate is docHubing under penalty of perjury, that the seller is not foreign. Therefore, the seller and the transaction will not have the withholding requirements.
In general, IRC 1445 requires the purchaser of a USRPI from a foreign person to withhold 10 percent (or more) of the amount realized on the disposition.

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A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U.S. person. It also includes a foreign branch of a U.S. financial institution if the foreign branch is a qualified intermediary.
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.
FIRPTA Certificate: A FIRPTA certificate is used to to notify the IRS that the seller of real estate is not a foreign-person. When a foreign person sells real estate, the IRS wants to know about it. Even though some capital gains income tax is exempt to foreign persons, real estate is not exempt.
Any business entity formed outside the U.S. is a foreign entity. That foreign entity becomes a foreign partnership if it has two or more owners and at least one of the owners has unlimited liability with respect to the entitys affairs.
Certification of Non-Foreign Status means an affidavit, signed under penalty of perjury by an authorized officer of Borrower, stating (a) that Borrower is not a foreign corporation, foreign partnership, foreign trust, or foreign estate, as those terms are defined in the Code and the regulations promulgated

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