Open Forum

All Communities
 View Only

FIRPTA - EO and Licensed profesionals

  • 1.  FIRPTA - EO and Licensed profesionals

    Posted 15 days ago

    Hello ALTA:

    I want to share with you a situation we came across with last week, a title company reached out to us after they closed a transaction involving a seller exempt from FIRPTA under the SPT rules, the buyer received an IRS letter and I thought, this is one of so many IRS letters sent for no reason other than, "can you please do my job for me because I don't know if I am coming or going?", but this time the seller, who has "spent more than 183 days in the U.S. for over 2 years" and "meets SPT" was a foreign student with a SSN and attends school in the U.S. EXCEPT...... days of presence under an F1 visa do not qualify for SPT.

    Who is going to pay the over $37,000 in withholding plus P&I?  The seller was informed of this matter and was asked to send 15% FIRPTA withholding to the IRS to which he, of course said, "NO WAY".... story to be continued....

    I think this scenario highlights the importance of hiring a licensed tax firm to verify the compliance in this SO CRITICAL part of a real estate transaction. 

    Trust but verify is our motto... 

    What are your policies when a foreign seller is involved in a transaction?



    ------------------------------
    Mary Enzi CAA
    Tax Solutions – FIRPTA Consulting
    mary.santiago@taxss.com
    +1 (281) 578-1040
    Barker TX
    ------------------------------

    ALTA Marketplace