Many real estate agents do not realize that tax withholding must sometimes occur when a transaction involves the sale of real property interest by a foreign person in the US.  As much as 10 % of the sale price has to be sent to the IRS following the closing and the Buyer and the Professionals involved in the transaction are responsible for making sure that this occurs.   If the Seller is a foreign person, the property sale price is higher than 300K, the buyer is not purchasing as a principal residence and you fail to withhold, the buyer and the related professional in the transaction may be held liable for the tax.

For more info on Tax withholding with foreign owners in the US visit the following website.

   http://www.irs.gov/businesses/small/international/article/0,,id=105000,00.html

Having a good partner CPA with international experience is important in these transactions.  In many instances, exemptions can be requested by the international accounting specialist to lower the withholding amount and to make sure that the appropriate income tax return is filed with IRS.

Regards,

 

 

 
Post is included in group: FIABCI
Post is included in group: Certified International Property Specialists

6 Comments on 10% tax withholding rule on sale of Real Estate in the US by Foreign owner.

AUG
24
2007
213,904 Points Outside Blog

Good tip!  In Connecticut, our attorneys are very good at making sure this fee is paid right at closing.  Throughout most, but, not all communities, the closing held at the Buyer's attorney law firm.  Part of our state uses Title Companies.  I have used both, and both are very good at procuring the correct funds that are owed by both sides of the transaction.

It's a Good Life!

Fran Rokicki, Clubnet~Mentor, Broker~CT

4:50pm • #1
As an agent, don't we just inform the seller, but it is this the responsibility of the escrow company to withhold funds? 
4:57pm • #2
SEP
12
2007
5 Featured Posts

Arlene,

The Seller must be informed and especially the Buyer since the IRS holds the Buyer responsible to pay if the Seller leaves the country without paying the IRS.

Many title companies are not aware of this, so I would make sure that the parties involved are all aware of it.

Also please not that this is for properties selling at a price higher than $300K.

Regards,

Mario 

 

4:33pm • #3
SEP
13
2007

The 10% is Federal, correct?  Does you state also have 3.33% withholding for sales over 100K

Thanks

2:59pm • #4
5 Featured Posts

Hi,

Yes, that's correct the 10% is for the IRS.  In Florida there are no withholding of 3.33%.  At least not that I am aware of.    

Mario 

3:07pm • #5
Thanks Mario.  That is interesting.  Maybe I need to move my sellers to Florida, lol.  Thanks
3:24pm • #6

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Mario Levesque, Tampa Realtor

Wesley Chapel, FL

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Advantage Avenue Real Estate

Address: PO Box 20451, Tampa, FL, 33622-0451

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