李晶婷律 師 事務所
Law Offices of Jingting Li, PLLC
符合豁免外籍人士，需要在過戶後20天以內向美國稅務局遞交 IRC forms 8288 and 8288-A 以解釋其豁免，如果有遲交的情況，政府會針對其請款而予以懲罰。
Foreign Investment in Real Property Tax Act (FIRPTA)
This act was enacted in 1980, It provides that if the Seller of real property is a foreign person , the buyer shall withhold a tax equal to 10% the gross price, unless an exemption applies. The following are considered “foreign person”:
Please note that a resident alien (Green Card Holder) is not considered a foreign person for purpose of FIRPTA.
There are numerous exemptions to the FIRPTA requirements, including
When withholding is required, IRC forms 8288 and 8288-A must be completed and filed with the IRS by the 20th day after the date of transfers. Penalties and interest will be charged on late-filed forms 8288, that being those received after the 20th day from the date of transfer. An extension of file Form 8288 is permitted if the transferor is awaiting a response to an application of a withholding certificate. The 20-day period begins to run upon receipt of either an approved withholding certificate or rejection letter.
With regard to the use of an affidavit, withholding will still be required if the transferee has actual knowledge that affidavit is false, or if the transferee receives a notice from a transferor’s agent that the affidavit is false.