What Happens if the FIRPTA Withholding Amount Exceeds the Actual Tax Due From the Sale?
The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) guides real property sales when the seller is a foreign national who sells their ownership or interest in a U.S. real property interest. FIRPTA requires that sales that involve a foreign national seller must include withholding of either 10 or 15 percent of the seller’s gain from the sale. The majority of dispositions will fall under the 15 percent withholding requirement unless they qualify for an exception.
