FIRPTA stands for the Foreign Investment in Real Property Tax Act. It is a federal law that requires certain foreign individuals and entities to pay tax on the sale of certain types of real property in the United States. The law applies to foreign persons who sell real property in the United States, including both residential and commercial properties.
Under FIRPTA, the buyer of the property is required to withhold a certain percentage of the purchase price and remit it to the Internal Revenue Service (IRS) at the time of closing. The percentage withheld is based on the type of property being sold and the seller’s tax status. The seller is then required to report the sale on their tax return and pay any additional tax that may be due.
FIRPTA applies to foreign individuals, foreign corporations, and foreign partnerships. It does not apply to U.S. citizens or U.S. corporations. Additionally, FIRPTA does not apply to all foreign persons who sell real property in the United States. There are certain exemptions, such as for properties that are used as a personal residence or for properties that are sold for a certain amount or less.
It is important for foreign persons who are selling real property in the United States to be aware of FIRPTA and to understand their tax obligations under the law. Failure to comply with FIRPTA can result in penalties and interest.