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Glossary

FIRPTA (FIRPTA)

Definition

FIRPTA, the Foreign Investment in Real Property Tax Act, taxes a foreign person’s gain on the sale of a U.S. real property interest as effectively connected income. The buyer generally must withhold a portion of the sale price, commonly 15% of the amount realized.

How it works

When a foreign person sells a U.S. real property interest, the buyer, or another withholding agent, generally withholds 15% of the amount realized and sends it to the IRS. Certain sales, such as some residences with a low price, may have a lower rate or an exception.

Withholding is not the final tax

The amount withheld is a prepayment. The seller reports the actual gain on a U.S. return, generally Form 1040-NR or a corporate return, and may receive a refund if too much was withheld.

Reducing withholding

In some cases, a withholding certificate can be requested from the IRS before closing to reduce the amount withheld. This takes time, so it is best to plan before the sale is scheduled.

Practical example

For example, suppose Carlos, who lives in Panama, sells a U.S. rental condominium for $400,000. The buyer may withhold 15% ($60,000) at closing, and Carlos would then file a U.S. return to compute his actual tax and claim any refund.

General information, not tax advice

This page provides general educational information about U.S. federal tax rules. It is not individualized tax, legal or accounting advice, and it does not create a client relationship. Results depend on each taxpayer's specific facts.

Written by Roger I. Chirino, founder of Chirino USA Accountants & Advisors P.A.

Supported by licensed CPAs, IRS Enrolled Agents (EAs), and experienced U.S. tax professionals focused on cross-border compliance and planning.