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Joint Property Ownership with Foreign Nationals: A Hidden FIRPTA Trap

  • 1.  Joint Property Ownership with Foreign Nationals: A Hidden FIRPTA Trap

    Posted 04-03-2025 13:38
    When estate planning involves both U.S. citizens and foreign nationals, it's crucial to understand the tax implications of joint property ownership. A common mistake is adding a foreign national to a deed for estate purposes, which can trigger unexpected tax consequences under the Foreign Investment in Real Property Tax Act (FIRPTA).
    Even if a foreign co-owner isn't receiving proceeds from a property sale, the IRS looks at legal ownership. In the case of a 50/50 deed, the foreign co-owner's share is subject to FIRPTA withholding, regardless of the intended distribution of proceeds.
    Key takeaways:
    • Review deeds for ownership percentages.
    • Understand FIRPTA rules, especially for foreign owners.
    • Consult a tax professional to avoid unexpected tax liabilities.
    Estate planning can be complicated, but understanding FIRPTA and its impact on property transactions is essential for avoiding costly mistakes.



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    Kat Rodgers
    Foreign Tax CPA, LLC
    Cocoa Beach FL
    +1 (321) 784-8329
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