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👋 Certificate of Non-Foreign Status FIRPTA Affidavit

(FIRPTA Affidavit)

 

Under Section 1445 of the Internal Revenue Code, buyers of U.S. real property must withhold FIRPTA tax when the seller is considered a foreign person.

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A Certificate of Non-Foreign Status allows the seller to certify that they are not a foreign person, which — if properly relied upon — eliminates the FIRPTA withholding requirement.

 

⚠️ Why This Matters

FIRPTA liability can extend beyond the seller.

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If withholding is not properly handled, buyers, closing agents, and other parties may be held responsible for the tax, along with penalties and interest.

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👉 Accepting a Certificate of Non-Foreign Status without proper review can create significant risk.

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🧠 Our Due Diligence Approach

FIRPTA Refunds provides independent review and verification services to help determine whether a Certificate of Non-Foreign Status can be reasonably relied upon.

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This may include:

  • Authentication of supporting documentation

  • Review of prior tax filings and IRS transcripts

  • Analysis of visa status and entry/exit history (Form I-94)

  • Verification of Social Security number and employment history

  • Evaluation of U.S. residency status, including the substantial presence test

  • Review of green card status or applicable exceptions

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👉 This is a fact-specific determination that requires careful analysis.

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⚠️ Not a Routine Form

A Certificate of Non-Foreign Status is not simply a form to be signed and accepted.

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It is a legal certification that must be supported by facts and documentation. Improper reliance can result in:

  • Failure to withhold required FIRPTA tax

  • IRS penalties and interest

  • Liability exposure for multiple parties in the transaction

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🧾 How We Help

FIRPTA Refunds assists buyers, agents, and closing professionals by:

  • Performing independent due diligence

  • Identifying risk factors and documentation gaps

  • Providing informed guidance on whether reliance may be appropriate

  • Supporting proper documentation within the transaction

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🔗 Related: Buyer’s Affidavit (BRUSA)

This affidavit is different from the Buyer’s Residential Use Affidavit (BRUSA), which relates to reduced withholding based on intended residential use.

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👉 See FIRPTA Buyer’s Affidavit (BRUSA) for more information.

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👉 Reduce Risk Before You Rely on an Affidavit

If you are considering accepting a Certificate of Non-Foreign Status, proper review is essential. A copy should be retained in the closing file as part of the permanent transaction record.

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👉90-Second Inquiry Form

👉FREE CONSULT - Speak with a FIRPTA Specialist

FIRPTA withholding and tax filing services for foreign sellers

WhatsApp: 786-663-6017

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