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For this purpose, a husband and wife are treated as having contributed 50% each. The transferee/buyer withholds on the total amount allocated to foreign transferor(s). The amount of credit for the withholding to be allocated to each foreign transferor is allocated in ance with the foreign transferors' agreement.
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 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).
Internal Revenue Code (?IRC?) §1445 provides that a transferee (Buyer) of a U.S. real property interest must withhold tax if the transferor (Seller) is a ?foreign person.? In order to avoid withholding, IRC §1445 (b) requires that the Seller (a) provides an affidavit to the Buyer with the Seller's taxpayer ...
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.