What is FIRPTA?

Can someone breakdown what FIRPTA is in a basic way?

Asked by Rodrigo | Miami, FL| 05-26-2023| 845 views|International Real Estate|Updated 2 years ago

Answers (8)

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Barrett Henry

RE/MAX Collective · Tampa, FL

(6 reviews)
FIRPTA stands for the Foreign Investment in Real Property Tax Act. In plain English, it's a federal tax rule that makes sure foreign property owners pay US taxes when they sell real estate here. Here's how it works. When a foreign person or entity sells a property in the United States, the buyer is required to withhold 15 percent of the gross sale price at closing and send it to the IRS. So if a foreign seller sells a home for $400K, the buyer holds back $60K and sends it directly to the IRS on behalf of the seller. That withholding isn't a penalty or an extra tax. It's basically a prepayment toward whatever capital gains tax the foreign seller owes on the profit from the sale. When the seller files their US tax return for that year, the IRS figures out the actual tax owed. If the withholding was more than the tax due, the seller gets a refund. If it was less, the seller owes the difference. There are some exceptions and reduced rates. If the buyer is purchasing the property as their primary residence and the sale price is $300K or less, the withholding drops to zero. If the sale price is between $300K and $1 million and the buyer will use it as a primary residence, the withholding is 10 percent instead of 15. Foreign sellers can also apply for a withholding certificate from the IRS before closing to reduce the amount withheld if they can show the actual tax owed will be less than 15 percent. This takes time though, so it needs to be started well before closing. The important thing to understand is that FIRPTA is the buyer's responsibility to enforce. If the buyer fails to withhold and the seller doesn't pay, the IRS comes after the buyer. That's why title companies and real estate attorneys take this seriously and handle it at the closing table. Barrett Henry Broker Associate | REALTOR® RE/MAX Collective · The NOW Team Tampa Bay, Florida nowtb.com
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03-26-2026 (1 month ago)··
Kevin Neely

Keller Williams Realty Elite Partners · Spring Hill, FL

(76 reviews)
FIRPTA stands for the Foreign Investment in Real Property Tax Act, a federal law that requires buyers to withhold a percentage of the sale price when purchasing U.S. real property from a foreign person or entity. The withholding is sent to the IRS to ensure the seller pays any applicable capital gains tax on the transaction. In Crystal River and throughout Citrus County, Florida, FIRPTA applies when the seller is a non-resident alien, a foreign corporation, or a foreign partnership, regardless of where the property is located. The standard withholding rate is 15 percent of the gross sale price, though it can be reduced through a withholding certificate application to the IRS if the actual tax liability is lower. Both buyers and sellers in a FIRPTA transaction benefit from working with a Florida real estate attorney and a CPA familiar with international tax law. Missing or mishandling the withholding obligation puts the buyer, not just the seller, at risk for the unpaid tax. Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners
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04-15-2026 (1 week ago)··
Amanda Courtney

REP Realty Group · Fort Myers, FL

(13 reviews)
his is a tax rule that affects foreign sellers. It stands for the Foreign Investment in Real Property Tax Act. If you are a foreign person (not a U.S. citizen or permanent resident) and you sell a U.S. property, the IRS wants to make sure they get their cut of any profit. To guarantee this, the buyer is required to withhold 15% of the sale price at closing and send it directly to the IRS.
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01-30-2026 (2 months ago)··
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Barrett Henry

RE/MAX Collective · Tampa, FL

(6 reviews)
FIRPTA stands for the Foreign Investment in Real Property Tax Act. In plain English, it's a federal tax rule that makes sure foreign property owners pay US taxes when they sell real estate here. Here's how it works. When a foreign person or entity sells a property in the United States, the buyer is required to withhold 15 percent of the gross sale price at closing and send it to the IRS. So if a foreign seller sells a home for $400K, the buyer holds back $60K and sends it directly to the IRS on behalf of the seller. That withholding isn't a penalty or an extra tax. It's basically a prepayment toward whatever capital gains tax the foreign seller owes on the profit from the sale. When the seller files their US tax return for that year, the IRS figures out the actual tax owed. If the withholding was more than the tax due, the seller gets a refund. If it was less, the seller owes the difference. There are some exceptions and reduced rates. If the buyer is purchasing the property as their primary residence and the sale price is $300K or less, the withholding drops to zero. If the sale price is between $300K and $1 million and the buyer will use it as a primary residence, the withholding is 10 percent instead of 15. Foreign sellers can also apply for a withholding certificate from the IRS before closing to reduce the amount withheld if they can show the actual tax owed will be less than 15 percent. This takes time though, so it needs to be started well before closing. The important thing to understand is that FIRPTA is the buyer's responsibility to enforce. If the buyer fails to withhold and the seller doesn't pay, the IRS comes after the buyer. That's why title companies and real estate attorneys take this seriously and handle it at the closing table. Barrett Henry Broker Associate | REALTOR® RE/MAX Collective · The NOW Team Tampa Bay, Florida nowtb.com
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03-26-2026 (1 month ago)··
Austin Pelka

Keller Williams Shore Properties · Toms River, NJ

FIRPTA stands for the Foreign Investment in Real Property Tax Act. The simple version is this: when a foreign person sells US property, the IRS wants to make sure they pay taxes on any profit before they leave the country. To guarantee that, the law requires the buyer to withhold 15 percent of the sale price at closing and send it directly to the IRS on the seller's behalf. It applies to the sale price, not the profit, so it can feel like a big number even if the actual gain is small. The foreign seller can apply to the IRS for a reduced withholding certificate if the tax owed is less than 15 percent, but that takes time and planning. As a buyer purchasing from a foreign seller, your closing attorney or title company handles the withholding mechanics, but you are legally responsible if it does not get done correctly. Always confirm early in the transaction whether FIRPTA applies so there are no surprises at the closing table.
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04-08-2026 (2 weeks ago)··
Chris Yochum

Dickson Realty · Reno, NV

(24 reviews)
When buying from a foreign owner in the US, 10% of the purchase price must be withheld along with appropriate documentation sent to the IRS.
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05-26-2023 (2 years ago)··
Lynne PruellSemi-Pro47 Answers
Lynne Pruell

Realty 100 LLC · South Barrington, IL

(16 reviews)
Buyers are required to hold a portion of the sales proceeds and send to IRS as a form of tax. It is generally between 10-15%.
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06-17-2023 (2 years ago)··
Michael SalamoneNovice2 Answers
Michael Salamone

Denovo Realty · Melbourne, FL

FIRPTA is a tax law that imposes U.S. income tax on foreign persons selling U.S. real estate. Under FIRPTA, if you buy U.S. real estate from a foreign person, you may be required to withhold 10% of the amount realized from the sale. The amount realized is normally the purchase price.
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06-30-2023 (2 years ago)··
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