REQUIRED TO BE PRESENT AT CLOSING:

CASH

 

MORTGAGE

BUYER

NO

YES

SELLER

YES

YES

CLOSING COSTS

Buyer's Closing Costs

 

Cash

Mortgage

 

 

Seller's Closing Costs

 

Cash

Mortgage

 

 

FIRPTA

 

FIRPTA stands for the Foreign Investment in Real Property Tax Act. Enacted by the United States Congress in 1980, FIRPTA is a federal tax law that imposes taxes on the disposition of U.S. real property interests by foreign persons. Here's a breakdown of what FIRPTA entails:

  1. Taxation of Foreign Investment: FIRPTA applies to foreign individuals, foreign corporations, foreign partnerships, foreign trusts, and other foreign entities that sell or dispose of U.S. real property interests. These real property interests include land, buildings, and other structures located in the United States.
  2. Withholding Requirement: When a foreign person sells U.S. real property interests, the buyer or the buyer's agent is generally required to withhold a portion of the gross sales price and remit it to the Internal Revenue Service (IRS). This withholding serves as a prepayment of the seller's potential tax liability under FIRPTA.
  3. Rate of Withholding: The rate of withholding under FIRPTA is generally 15% of the gross sales price. However, the actual amount withheld may vary based on factors such as the sales price, the use of the property, and any applicable exemptions or reduced withholding rates under tax treaties.
  4. Exemptions and Exceptions: FIRPTA provides certain exemptions and exceptions that may reduce or eliminate the withholding requirement. For example, transactions involving sales of residential properties with a sales price of $300,000 or less may be exempt from withholding, as well as certain transactions involving properties acquired for personal use by foreign individuals.
  5. Reporting Requirements: Both the buyer and the seller in a FIRPTA-covered transaction have reporting obligations to the IRS. The buyer is required to report the withholding on Form 8288 and submit it to the IRS along with the withheld funds. The seller must report the sale and any applicable tax liability on Form 1040NR, U.S. Nonresident Alien Income Tax Return.

Overall, FIRPTA is designed to ensure that foreign investors pay taxes on gains derived from the disposition of U.S. real property interests. Compliance with FIRPTA regulations is essential for both buyers and sellers involved in transactions subject to its provisions. It's advisable to consult with tax professionals or legal advisors familiar with FIRPTA requirements when engaging in real estate transactions involving foreign sellers or buyers.