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Consider the Basics of U.S. Federal Income Tax Reporting and Compliance for Foreign Investors in U.S. Real Property

January 1, 2019

The IRS has noted its awareness of the significant increase in inbound U.S. real property investment by foreign investors.  More recently, lower interest rates combined with a weaker U.S. dollar have continuously motivated inbound foreign investors to acquire U.S. real property.  The momentum of foreign investors is driven by the opportunity for appreciation in value…

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Understanding FIRPTA Withholding and Compliance

March 13, 2018

One of the major drawbacks for foreign investors and foreign companies that invest in U.S. real estate is the withholding requirement associated with transactions covered by the Foreign Investment in Real Property Tax Act (FIRPTA). These investors do not have the luxury of waiting until Tax Day and filing a U.S. return with a check…

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Transactions Beyond the Reach of FIRPTA Tax

March 8, 2018

We write a great deal about the transactions that are subject to taxation under the Foreign Investment in Real Property Tax Act (FIRPTA). But what about the transactions that are not subject to FIRPTA tax? Indeed, there are many. There are exemptions in the U.S. tax code that can allow a foreign investor or foreign…

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Understanding FIRPTA Tax, and Tax Treaties

February 17, 2018

Did you know that foreign corporations can elect to be treated as a domestic corporation by the U.S. Internal Revenue Service (IRS) for tax purposes? It has advantages and disadvantages. Savvy investors will weigh the pros and cons. Foreign corporations are subject to taxation and withholding under the Foreign Investment in Real Property Tax Act…

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How Does FIRPTA Treat Distributions and Other Transactions by Property Investment Companies?

February 2, 2018

FIRPTA taxes apply when foreign investors or property investment companies sell U.S. real estate assets. But what about distributions, liquidations and other transactions? A complicated system of FIRPTA rules apply to these situations and it is important to understand how these rules apply before structuring transactions. We’ll discuss some of the more common cases. Generally…

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