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Kentucky Non-Foreign Affidavit Resale of Real Property Interest

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State:
Kentucky
Control #:
KY-S001ST
Format:
Word; 
Rich Text
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Description

The purpose of this Affidavit is to inform the transferee and Commonwealth/Lawyers Title Insurance Company, as closing agents, that withholding of tax is not required upon the disposition of a U.S. real property interest by Seller as Seller is not a foreign person as defined in the Internal Revenue Code.

The Kentucky Non-Foreign Affidavit Resale of Real Property Interest is a legal document used to certify that real estate located in Kentucky has been sold within the state, and not outside it. This affidavit is used to protect the buyer from potential liability for any taxes the seller may owe to the state or federal government. The Kentucky Non-Foreign Affidavit Resale of Real Property Interest is also known as the Kentucky Form 76A500. There are two types of Kentucky Non-Foreign Affidavit Resale of Real Property Interest: 1. Kentucky Form 76A500: This form is used to certify that real estate located in Kentucky has been sold within the state, and not outside it. 2. Kentucky Form 76A500-I: This form is used to certify that the real estate located in Kentucky has been sold to a foreign individual or company.

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FAQ

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.

The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to income tax withholding (IRC section 1445). The buyer (transferee) of the U.S. real property interest is the withholding agent. The transferee must determine if the transferor is a foreign person.

This document, included in the seller's opening package, requests that the seller swears under penalty of perjury that they are ?not a non-resident alien for purposes of United States income taxation.? A Seller unable to complete this affidavit may be subject to withholding up to 15%.

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.

AFFIDAVIT OF NON-FOREIGN STATUS. Section 1445 of the Internal Revenue Code provides that a buyer of a United States real property interest must withhold tax if the seller is a foreign person.

The transferor gives the transferee a certification stating, under penalties of perjury, that the transferor is not a foreign person. The certification should contain the transferor's name, U.S. taxpayer identification number, and home address (or office address, in the case of an entity).

CERTIFICATE OF NON FOREIGN STATUS. Section 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 person.

Section 1445(e)(1) requires withholding on certain dispositions of U.S. real property interests by a domestic partnership, domestic trust, or domestic estate. Section 1445(e)(2) requires withholding on certain distributions by foreign corporations.

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Kentucky Non-Foreign Affidavit Resale of Real Property Interest