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If you plan to purchase property from a foreign person or corporation and want to avoid FIRPTA withholding taxes, you can apply for a withholding certificate from the IRS. The IRS only grants withholding certificates in certain situations, and applying for a certificate does not guarantee you will be granted one.
To ensure collection of the FIRPTA tax, any transferee or buyer acquiring a U.S. property interest must deduct and withhold a tax equal to 15 percent of the amount realized on the disposition.
FIRPTA Rates and Withholding For example, let's say that a foreign corporation sells property for $10 million. At the closing, the purchaser would withhold 15 percent of the sale price, which in this case would be $1.5 million (15 percent of $10 million).
FIRPTA is a tax law that imposes U.S. income tax on foreign persons selling U.S. real estate. Under FIRPTA, if you buy U.S. real estate from a foreign person, you may be required to withhold 10% of the amount realized from the sale. The amount realized is normally the purchase price.
If you are classified as a foreign individual, the rate of FIRPTA withholding is 15% of the purchase price. Withhold this particular withholding tax when you close on your property deal. The rate of FIRPTA withholding for a foreign corporation is equal to 21% of the gain.