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How Partnership Audits Work Under the New IRS Rules

Posted by Brandon Keim | Feb 13, 2026 | 0 Comments

Under the new rules, partners no longer have a role to play in any audit or examination. They aren’t even notified of the audit and won’t be part of any defense during the examination. While the partnership itself will be notified of the audit, individual partners won’t be informed.

Responding to IRS Notice LT16

Posted by Brandon Keim | Dec 19, 2025 | 0 Comments

The IRS will send out Notice LT16 when the agency believes a taxpayer hasn’t filed their tax return or has unpaid taxes. Regardless of what they think they have or haven’t done, taxpayers should respond to the notice. Failure to communicate with the IRS could result in continuing action against the taxpayer and limit their options for resolving the issue.

What Happens If FIRPTA Withholding Is Not Paid?

Posted by Brandon Keim | Nov 28, 2025 | 0 Comments

The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) requires any sale or disposition of U.S. real property interests that involves a foreign seller to submit 10 or 15 percent of the sale price to the IRS for withholding. While the tax debt is the seller’s, it’s the buyer’s responsibility to send the withholding amount to the IRS.

Top 7 Questions Regarding FIRPTA

Posted by Brandon Keim | Nov 10, 2025 | 0 Comments

Like much of the tax code, FIRPTA sounds simple on the surface but has quirks and twists that can make navigating it challenging. These are some of the common questions that taxpayers ask about FIRPTA.

Why FIRPTA Still Applies Even if a Foreign Seller Loses Money on the Sale

Posted by Brandon Keim | Nov 07, 2025 | 0 Comments

When the seller of a U.S. real property interest is a foreign national, the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) applies to the sale and determines applicable taxes. In general, any sale that falls under FIRPTA requires withholding of 10 or 15 percent of the gains from the sale. Even if a property sells at a loss, in general, the buyer must still withhold 10 or 15 percent of the sale price.

The Surprising Definition of “Real Property” Under FIRPTA

Posted by Brandon Keim | Nov 03, 2025 | 0 Comments

The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) governs real property sales when a seller is a foreign national. In general, any sale that falls under FIRPTA requires withholding of 10 or 15 percent of the gains from the sale. The IRS defines real property as land or improvements to land. FIRPTA’s definition of real property includes that meaning but expands beyond traditional real estate sales.

What’s an ITIN? How is it Relevant to FIRPTA?

Posted by Brandon Keim | Oct 17, 2025 | 0 Comments

To file taxes, all taxpayers should have a Taxpayer Identification Number. For U.S. citizens, their Social Security number is their taxpayer identification number. Foreign nationals still have to pay taxes, but they don’t have a Social Security number. Individual Taxpayer Identification Numbers (ITINs) fill in the gap. Individuals who don’t qualify for a Social Security number can apply for an ITIN.

The Role of an Experienced Tax Attorney in a FIRPTA Transaction

Posted by Brandon Keim | Sep 12, 2025 | 0 Comments

When a foreign national has an ownership or interest in U.S. real property and realizes a gain from the sale of that property, the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) comes into play. FIRPTA governs sales of U.S. real property interests when the seller is a foreign national. This law requires withholding as part of the sale.

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The act of visiting or communicating with Brandon A. Keim via this website or by email does not constitute an attorney-client relationship. Communications from non-clients via this website are not subject to client confidentiality or attorney-client privilege. Further, the articles, discussion, commentary, forms and sample documentation contained in this website are offered as general guidance only and are not to be relied upon as specific legal advice. For legal advice on a specific matter, please consult with an attorney who is knowledgeable and experienced in that area. Attorneys listed in this website practice only in the jurisdictions in which they are admitted. This website is governed by the Arizona Rules of Professional Conduct.

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