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CERTIFICATE OF NON FOREIGN STATUSSection 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign.

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While foreign persons can escape U.S. Tax on Capital Gains, there are some exceptions — and one major exception is U.S. Real Estate. 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.

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.

FIRPTA Affidavit The affidavit must be signed before a notary, and the seller must represent that the affidavit is true and that it is signed under penalty of perjury. Each seller must provide such affidavit, and the buyer must retain each affidavit for five years.

If a buyer is purchasing a property from a foreign person or entity and FIRPTA applies, the buyer is required to complete the required forms (8288 and 8288-A) and submit the applicable withholding amount to the Internal Revenue Service. The buyer's agent, title company or lender is not responsible for doing this.

Per the FIRPTA Addendum and per FIRPTA requirements, the closing agent or qualified substitute, as defined under FIRPTA, would require a sworn certification with Social Security number or Tax Identification Number for each such seller (e.g., Certification of Non-Foreign Status), and that certification would then ...

A Standard Document delivered by the seller in a real property transaction to inform the purchaser, and the purchaser's lender, that the seller is not a foreign (non-US) individual or entity and therefore not subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA).

FIRPTA Rules for Personal Residences To meet the residential requirement, the buyer must plan to reside in the property for at least 50% of the days the property was used by any person during the first two years after the transfer.

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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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232