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

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(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.
Also known as an Affidavit of Non-Foreign Status, it is an IRS form a seller uses to docHub 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.
26 U.S. Code 1445 - Withholding of tax on dispositions of United States real property interests.
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In general, section 1445(a) provides that any person who acquires a U.S. real property interest from a foreign person must withhold a tax of 15 percent (10 percent in the case of dispositions described in paragraph (b)(2) of this section) from the amount realized by the transferor foreign person (or a lesser amount
Internal Revenue Code (IRC) 1445 provides that a transferee (Buyer) of a U.S. real property interest must withhold tax if the transferor (Seller) is a foreign person. In order to avoid withholding, IRC 1445 (b) requires that the Seller (a) provides an affidavit to the Buyer with the Sellers taxpayer
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.
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.
This declaration is crucial for the buyer of the property in ensuring they are not held liable for any FIRPTA withholding. In order for the buyer to declare the non-foreign status of the seller, the seller must provide a signed and docHubd statement with a penalty of perjury.

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