Firpta Affidavit Form Florida

State:
Florida
Control #:
FL-CLOSE7
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The Firpta Affidavit Form Florida is a legal document used to certify that the seller of a property is not a foreign person, as defined under the Internal Revenue Code Section 1445. This affidavit helps establish the exemption from tax withholding that typically applies to foreign sellers of U.S. real estate. The form is essential for buyers and sellers to ensure compliance with federal tax law and avoid unnecessary withholding tax on real estate transactions.

How to complete a form

Completing the Firpta Affidavit Form Florida involves several steps:

  • Provide the seller's name and contact information.
  • Describe the property being sold, including its address and tax identification details.
  • State the United States taxpayer identification number of the seller.
  • Affirm that the seller is not a foreign person as defined by law.
  • Sign and date the affidavit in front of a notary public.

Ensure that all information is accurate and complete to prevent delays in the transaction.

Who should use this form

Any individual or entity selling real estate in Florida who is not classified as a foreign person should complete the Firpta Affidavit Form Florida. This includes U.S. citizens, lawful permanent residents, and certain qualified entities. It is crucial for sellers to provide this affidavit to buyers to establish eligibility for the exemption from withholding taxes.

Key components of the form

The Firpta Affidavit Form Florida includes several key components:

  • Seller Information: Details about the seller, including names and contact information.
  • Property Description: A thorough description of the real estate being sold.
  • Tax Identification Numbers: The U.S. taxpayer identification numbers for all sellers.
  • Affirmation: A statement confirming the seller's status as a non-foreign person.
  • Signature Area: Space for the seller's and notary's signatures, including the notary's commission details.

These components ensure that the form meets legal standards and is enforceable.

Benefits of using this form online

Using the Firpta Affidavit Form Florida online offers several advantages:

  • Convenience: Users can complete the form at their own pace from any location.
  • Access to Guidance: Online templates often provide helpful tips and instructions throughout the process.
  • Accuracy: Digital forms can reduce the likelihood of errors in completing necessary fields.
  • Immediate Availability: Users can download and print the completed form instantly.

These benefits make completing the form online a practical choice for users.

What documents you may need alongside this one

When completing the Firpta Affidavit Form Florida, you may need the following documents:

  • Proof of Identity: Government-issued identification for all sellers.
  • Property Deed: A copy of the property deed showing ownership.
  • Tax Documents: Any relevant tax documents that support the seller's exemption status.

Having these documents ready can help facilitate the process and ensure compliance with applicable laws.

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  • Preview Non-Foreign Affidavit Under IRC 1445
  • Preview Non-Foreign Affidavit Under IRC 1445

How to fill out Florida Non-Foreign Affidavit Under IRC 1445?

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FAQ

When it comes to FIRPTA, every seller is considered foreign unless they can prove otherwise. That's why it's a common and prudent practice for real estate sale agreements to include an affidavit under penalty of perjury stating that the seller is not a non-resident alien for purposes of U.S. income taxation.

The only other way to avoid FIRPTA is via a withholding certificate. If FIRPTA withholding exceeds the maximum tax liability realized on the sale of the real property, sellers can appeal to the IRS for a lower withholding amount.

FIRPTA is a withholding tax, which means it is an amount of the property sales price that is held back to pay for future taxes. When Maria is selling her vacation home in Florida, she is earning US-income. Hence, she will need to pay an estimated tax on that income to the IRS.

The Foreign Investment in Real Property Transfer Act (FIRPTA) requires any buyer of a U.S. real property interest to withhold ten percent of the amount realized by a foreign seller.

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.

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Firpta Affidavit Form Florida