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The FIRPTA law says that if the seller is a foreign person, the transferee i.e. the buyer, is the Withholding Agent3 that is legally responsible for collecting the tax and forwarding it to the IRS.
The FIRPTA affidavit is for all those local sellers who are not foreigners. This form certifies that the seller of the real estate property is a local seller, and a non-resident alien to provide income tax to the Internal Revenue Service. This form can help your seller in avoiding the FIRPTA withholding.
AFFIDAVIT OF NON-FOREIGN STATUS. Section 1445 of the Internal Revenue Code provides that a buyer of a United States real property interest must withhold tax if the seller is a foreign person.
There are two different types of FIRPTA Certifications: one for individuals (natural persons) and another for entities (e.g., corporation, partnership, limited liability company, etc.). The FIRPTA Certification must be signed by all transferors (sellers).
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 foreign person.