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What is the Foreign Investment in Real Property Tax Act (FIRPTA)?


When a foreign person sells United States real property, that is a taxable event. The buyer is responsible for withholding. The rate of withholding generally is 15% (10% for dispositions before February 17, 2016).  Generally, FIRPTA withholding is not required  if the buyer  acquires the property for use as a residence and the sales price is not more than $300,000. The Buyer or a member of the Buyer’s family must have definite plans to reside at the property for at least 50% of the number of days the property is used by any person during each of the first two 12-month periods following the date of transfer. For this exception, the Buyer must be an individual.  There are other exceptions to FIRPTA withholding; however, notification requirements must be met.


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