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Foreign Investment in Real Property Tax Act ("FIRPTA")


​Foreign individuals and foreign entities that sell or dispose of U.S. real property interests will generally be taxable in the U.S. on gain from the sale/disposition under FIRPTA. The definition of U.S. real property interest includes the real property itself and may also include shares in a partnership or U.S. corporation that owns U.S. real property. If FIRPTA applies to a particular transaction, there are generally FIRPTA tax withholding requirements that must be considered at the time the property is disposed of or sold. FIRPTA also requires, in certain circumstances, that certain forms/statements be filed by a seller/purchaser of a real property interest to claim an exemption from FIRPTA withholding, if applicable. Our firm can assist with all aspects of the FIRPTA rules to ensure that they are being properly considered and that the amount of tax/tax withholding is as low as legally possible.


Elisa Fay


Partner-in-Charge Rödl National Tax

+1 404 525 2600

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