Buying Real Estate from Foreign Persons: FIRPTA Withholding and Exceptions

When purchasing real estate from a foreign person, the transaction triggers specific tax obligations under the Foreign Investment In Real Property Tax Act (FIRPTA). The purpose of FIRPTA withholding is to ensure that foreign individuals and entities pay U.S. taxes on the sale of U.S. real property interests. Under FIRPTA, buyers of such property must withhold 15% of the gross sales price and remit it to the IRS as a prepayment of the seller’s potential tax liability. This mechanism prevents foreign sellers from avoiding U.S. tax obligations by leaving the country without settling their tax dues. The withholding applies regardless of whether the sale results in a gain or loss, with exceptions for certain transactions, such as sales of personal residences under $300,000 if the buyer intends to use it as a primary residence.