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By this Affidavit, the undersigned hereby gives sworn representation that it, as seller(s) of a United States real property interest, is not a foreign person as defined in the Internal Revenue Code Section 1445, thus permitting the transferee of the property to waive the ten (10%) percent withholding requirement in
The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests.
Seller shall provide a completed affidavit to the qualified substitute, who will furnish a statement (C.A.R.
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).
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.
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The buyer of a U.S. real property interest that is required to withhold FIRPTA tax must file both Form 8288 and Form 8288-A with the IRS within 20 days of the transfer of the property to report and remit the amount withheld.
FIRPTA, or the Foreign Investment in Real Property Tax Act, was enacted in 1980. Foreign investors are given a Taxpayer Identification Number (TIN) to pay taxes or for withholding purposes on properties they sell in the U.S.
In order to complete the sale of the real property, every Seller, foreign or not, is required to complete and sign, under penalty of perjury (perjury willfully making a false statement), the Foreign Investment in Real Property Act (FIRPTA) form.

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