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What Is a FIRPTA Affidavit? A FIRPTA affidavit, also known as Affidavit of Non-Foreign Status, is a form a seller purchasing a U.S. property uses to certify under oath that they aren't a foreign citizen. The form includes the seller's name, U.S. taxpayer identification number and home address.
A Qualified Substitute is a person or entity as defined under FIRPTA that accepts a Seller's completed and signed Seller's Affidavit in the Buyer's stead. The Qualified Substitute retains the Seller's Affidavit and must provide the Buyer with a Qualified Substitute Statement.
In order to potentially avoid FIRPTA withholding, the foreign seller, the Form 8288-B and a contract for the purchase of the replacement property, must be submitted to the IRS on or before the replacement property's closing following the procedures discussed in Rev. Rroc.
It is the buyer's responsibility to complete forms 8288 and the 8288A these require the Buyer's name, address and ITIN as they are the \u201cWithholding Agent\u201d.
FIRPTA Certificate: A FIRPTA certificate is used to to notify the IRS that the seller of real estate is not a foreign-person. When a foreign person sells real estate, the IRS wants to know about it. Even though some capital gains income tax is exempt to foreign persons, real estate is not exempt.
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In order to potentially avoid FIRPTA withholding, the foreign seller, the Form 8288-B and a contract for the purchase of the replacement property, must be submitted to the IRS on or before the replacement property's closing following the procedures discussed in Rev. Rroc.
1. What is FIRPTA? FIRPTA stands for Foreign Investment In Real Property Tax Act (26 USC §1445). It is a tax law designed to ensure payment of tax to the Internal Revenue Service (IRS), as may be due, when US property is sold by any \u201cforeign person\u201d. \u201cForeign person\u201d under FIRPTA may include individuals and entities.
If the seller is considered a \u201cforeign person\u201d (as defined by the Internal Revenue Code), the buyer may be subject to tax withholding obligations under FIRPTA. Importantly, the obligation of collecting and paying taxes falls upon the buyer \u2013 not the title company or settlement company.
In order to avoid issues with FIRPTA, the seller will sign an Affidavit and certify status. Otherwise, various pesky IRS forms, such as Form 8288 may be required.
FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. A disposition means \u201cdisposition\u201d for any purpose of the Internal Revenue Code. This includes but is not limited to a sale or exchange, liquidation, redemption, gift, transfers, etc.