The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) requires 买家 in certain transactions involving foreign 卖家 to withhold a percentage of the amount realized (usually the sales price) by the foreign seller to be paid to the IRS for federal 税.
If the property’s sales price is more than $1,000,000, 15% must generally be withheld and paid to the IRS.
In transactions where the property's sales price is between $300,$ 001和$1,000,000 and the buyer or a member of the buyer’s family has definite plans to reside at the property for at least half the year for each of the two years following the closing, 10% of the sales price must generally be withheld and paid to the IRS.
如果房产的售价是300美元,000 or less and the buyer or a member of the buyer’s family has definite plans to reside at the property for at least half the year for each of the two years following the closing, nothing needs to be withheld and no reporting to the IRS is required.
A buyer who is required to withhold funds to be paid to the IRS must use IRS Form 8288 and IRS Form 8288-A to report and pay the tax. 在这些情况下, any necessary 形式 and withheld funds must be submitted to the IRS within 20 days of the disposition, 或出售, 日期或处罚将被评估. If the parties have any questions regarding FIRPTA-affected transactions they should speak with a CPA or an attorney experienced with FIRPTA. Real estate license holders are not allowed to provide legal or tax advice regarding FIRPTA or any other tax or legal matter.
NAR & TAR needs to lobby congress to change this law as it puts to much burden on the 买家.
这是坏法律. Making 买家 liable for a tax that is not their responsibility. 糟糕的法律. 糟糕的法律.
maybe put a percentage tax lien on foreigners real estate payable at closing of a sell or foreigner become legal resident or citizen.
我同意前面的评论. Our 买家 should NOT be the responsible party. In my opinion that should fall on the foreign seller not the Buyer. We need our Lobbyists to fight for that change.
I agree with all the previous comments. The buyer should NOT be the responsible party. 如果会有税收留置权, It should be payable at closing and the seller’s agent should make sure their client knows and understands.
It is also not fair that the buyer has to pay for an Attorney experienced with FIRPTA if they have questions. 买家负担太重了.