Seller Affidavit Real Estate Foreign

State:
Ohio
Control #:
OH-CLOSE8
Format:
Word; 
Rich Text
Instant download

Description

The Seller Affidavit Real Estate Foreign is a legal document utilized by property sellers to affirm certain facts regarding a property sale, particularly in the context of foreign ownership considerations. Key features involve the seller's assertion of ownership, marital status, absence of liens, and knowledge of pending governmental work or structural defects. Sellers must indicate if there are any liens against the property, disclose marital status, and confirm no outstanding debts or disputes regarding repairs. Filling this affidavit requires sellers to provide personal details, property specifics, and sign under oath before a notary public. This form serves multiple use cases, particularly relevant to attorneys who need to ensure compliance with local laws, partners and owners confirming their authority to sell, and paralegals or legal assistants assisting in real estate transactions. Legal professionals rely on this affidavit to confirm the validity of information provided by sellers, ensuring the transaction's integrity and protection against future claims.
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FAQ

The Foreign Investment in Real Property Tax Act (FIRPTA) of 1980 authorizes the United States to tax foreign persons who are nonresident aliens selling U.S. real property interests. A U.S. real property interest includes sales of interests in parcels of real property.

FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. A disposition means disposition for any purpose of the Internal Revenue Code. This includes but is not limited to a sale or exchange, liquidation, redemption, gift, transfers, etc.

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.

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.

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).

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Seller Affidavit Real Estate Foreign