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Non-Foreign Affidavit Under IRC 1445 - Nevada

Non-Foreign Affidavit Under IRC 1445 - Nevada-2025

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

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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 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 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.

Who provides Firpta affidavit?

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

Who signs a FIRPTA certificate?

The application must be signed by the individual or a duly authorized agent (with a copy of the power of attorney, such as Form 2848, Power of Attorney and Declaration of Representative, attached), a responsible officer in the case of a corporation, a general partner in the case of a partnership, or a trustee, executor

How to get a FIRPTA certificate?

If youre applying for a FIRPTA withholding certificate for reasons one, two, or three, you should file Form 8288-B (Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests).

Who is responsible for FIRPTA withholding?

In most cases, the buyer (transferee) is the withholding agent. The transferee must find out if the transferor is a foreign person.

Does a FIRPTA 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.

Non-Foreign Affidavit Under IRC 1445 - Nevada-2025

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