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FIRPTA withholding on RE owned by foreign individual


Max W

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Has anyone dealt with this issue before? 

The property is a personal residence and the owner is a foreign person (Vietnamese).

The way I read it 15% is withheld from the Selling price.

There are some exceptions but requires a Certificate of Exemption which can take 3 or more months to be issued by the IRS.

Can the $250,000 ($500,00) Sec 121 be applied as an exemption?

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I have a client that got ensnared in this exact mess, because she bought a condo  in 2019, which was owned by a foreign national.

The IRS came after her because the 15% had not been withheld the proceeds.

By the time it came to my attention too many days had passed for me to do anything, especially since it's an area that I have zero experience with.

i sent her to find a real estate attorney with expertise in this area, who was able to resolve the issue.

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