Hi Chris:
As a general rule, a non-US person who rents out a US home is subject to a 30% withholding tax imposed on the gross amount of each rental payment. This means if a foreign person owns house, and rents it out for $2,000 a month, $600 of each $2,000 monthly rent payment payable to the foreign owner must instead be sent directly into the IRS (and not sent to the non-US owner). Who is responsible for sending in the 30% of the gross rents tax into the IRS? The foreign owner, the US property manager (i.e., anybody who collects the rent payment for the foreign owner) and even the tenant, are all responsible to send the 30% tax into the IRS. The IRS can go after any of the parties (tenant, property manager and foreign owner) who fail to send in the 30% of the gross rental payments tax.
But removing this 30% withholding can be easy!.
The foreign owner of U.S. real estate property must obtain a U.S. tax ID and file a U.S. tax return including the income and expenses related to the rental property.
Here the IRS link (very extensive article) about withholding for non U.S. individuals
https://www.irs.gov/publications/p515
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Mary Enzi CAA
Tax Solutions – FIRPTA Consulting
[email protected]+1 (281) 578-1040
Barker TX
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Original Message:
Sent: 06-17-2024 09:42
From: Chris Patterson
Subject: Managing properties for foreign individuals
Does that Apply because the realtor collected the rents into the realtor's bank account? Would it be the same if the realtor collected the funds in some bank account that belongs to the landlord?
Adrianne Patterson
Title Agent
Fort Lauderdale Title Group, LLC
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Original Message:
Sent: 6/13/2024 6:22:00 PM
From: Mary Enzi
Subject: Managing properties for foreign individuals
Hi All!
I wanted to share this information with all our beloved Real Estate Agents, if you are managing rental properties for foreign individuals without a U.S. tax ID, just like with FIRPTA, you, THE REALTOR is the withholding agent, meaning is in YOUR best interest to send 30% of the collected gross rent (without taking into account any expenses) and remit the money to the IRS on behalf of the owner of the property, it is vital that you advise the owner to comply with the fiscal rules so YOU real estate agent managing rental properties do not suffer the consequences, below is a letter sent to an agent here in TX who have collected rent for her a few clients for over 3 years and she did not advice them to file a return, the IRS is now making her responsible for over $24,000.00, we are now trying to convince her clients to file 3 years of U.S. tax returns so she can be forgiven this debt.
A professional, licensed and experienced tax firm can work on a strategy and make the appropriate elections to avoid having to send 30% of the rent and specially having the realtor liable for the possible tax owe by a foreign owner of real estate property.

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Mary Enzi CAA
Tax Solutions – FIRPTA Consulting
[email protected]
+1 (281) 578-1040
Barker TX
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