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Non-Foreign Affidavit Under IRC 1445 - New Hampshire

Non-Foreign Affidavit Under IRC 1445 - New Hampshire-2025

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The document is a Non-Foreign Affidavit under Internal Revenue Code Section 1445(b)(2) for property transfer in New Hampshire. 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 Section 1445 of the IRC?

A domestic or foreign partnership, the trustee of a domestic or foreign trust, or the executor of a domestic or foreign estate shall be required to deduct and withhold under subsection (a) a tax equal to 15 percent of the fair market value (as of the time of the taxable distribution) of any United States real property

Who signs a FIRPTA certificate?

In order to avoid issues with FIRPTA, the seller will sign an Affidavit and certify status. Otherwise, various pesky IRS forms, such as Form 8288 may be required.

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.

What are the requirements for FIRPTA notice?

Compliance: Transactions subject to FIRPTA are required to be reported on Forms 8288 and 8288-A and submitted to the IRS along with the appropriate withholding by the twentieth day after the transaction. A withholding certificate application is filed on Form 8288-B and must be submitted by the date of the transaction.

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 a non-foreign status affidavit?

Also known as an Affidavit of Non-Foreign Status, it is an IRS form a seller uses to certify 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.

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.

What is required for a FIRPTA affidavit?

Required Information The FIRPTA affidavit requires specific information to verify the sellers status. Key details include: Seller Identification: Full name, address, and taxpayer identification number. Property Description: Legal description of the real estate property being sold.

Non-Foreign Affidavit Under IRC 1445 - New Hampshire-2025

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