Seller Affidavit Real Estate Foreign
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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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).
