Withholding Requirements for Sales or Transfers of Real Property by ... 2025

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US law requires that the transferee (buyer) on a sale or disposition of a United States Real Property Interest withhold a percentage (typically 15%) of the total amount realized (the sales price) at the time of disposition (closing of sale).
All persons (withholding agents) making US-source fixed, determinable, annual, or periodical (FDAP) payments to foreign persons generally must report and withhold 30% of the gross US-source FDAP payments, such as dividends, interest, royalties, etc.
The standard withholding is 3.33% of the Sales Price. Sellers can pay more, but not less unless they take advantage of Part VI and request an Alternative Amount, like 12.3% on the gain amount for an individual or 8.84% or 13.8% for a corporation, depending on the type of corporation.
The Foreign Investment in Real Property Tax Act FIRPTA FIRPTA was enacted in 1980 to help ensure foreign nationals who may not have other U.S. assets or economic ties pay capital gains taxes on their profits from any real estate transactions.
Amount of FIRPTA withholding If FIRPTA withholding is required, the buyer generally must withhold 15% the total amount realized by the seller. The amount realized is equal to the total of: cash paid, or to be paid (principal only) the fair market value of other transferred property, or property to be transferred.

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To the extent provided in regulations, the transferee of a partnership interest or of a beneficial interest in a trust or estate shall be required to deduct and withhold under subsection (a) a tax equal to 15 percent of the amount realized on the disposition.
If the sale price is $300,000 or less Properties bought and sold for no more than $300,000 do not require a FIRPTA withholding, as long as the buyer or a member of the buyers family intends to live at the property for at least half of the first two years after the purchase.
A domestic corporation must withhold a tax equal to 15% of the fair market value of the property distributed to a foreign person if: The shareholders interest in the corporation is a U.S. real property interest, and. The property distributed is either in redemption of stock or in liquidation of the corporation.

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