Non-Foreign Affidavit Under IRC 1445 - Oklahoma-2025

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A foreign seller, for FIRPTA purposes, includes any individual, corporation, partnership, trust, or estate that is not considered a U.S. person. The Foreign Investment In Real Property Tax Act, also known as FIRPTA is a withholding tax that Foreign Sellers are subject to.
FIRPTA is a law that requires foreign persons disposing of U.S. real property interests to pay tax on any resulting capital gains. It mandates that the buyer withhold 10% of the total sell price, unless the seller provides a FIRPTA affidavit and/or certificate.
CERTIFICATE OF NON FOREIGN STATUS. (FIRPTA AFFIDAVIT) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person.
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. FIRPTA refers to the Foreign Investment in Real Property Tax Act of 1980.
It requires the buyer of real property from a foreign seller to withhold a portion of the sale price and remit the tax to the Internal Revenue Service (IRS). FIRPTA also applies to the sale of U.S. real property held by foreign-owned corporations, partnerships, trusts and estates.
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Under FIRPTA, foreign nationals selling U.S. real estate are subject to tax on any capital gain. The IRS requires a 15% withholding of the sale price as a prepayment of the potential tax liability.
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).

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