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Key Answers to the Top Ten Questions on the New Limits Governing Interest Deductions for FIRPTA Blocker Corporations

Interest Deduction Limit under TCJA Under the Tax Cuts and Jobs Act of 2017 (TCJA), the deduction for interest paid or accrued to a related or unrelated party is limited to the sum of the taxpayer’s business interest income and 30% of adjusted taxable income for the year.   For taxable…

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Form 8288-B May Reduce a Foreign Investor’s FIRPTA Withholding Tax Liability on Sale of a U.S. Real Property Partnership Interest

Foreign investors are often motivated to acquire U.S. real property when considering the opportunity for appreciation in value and a profitable return on investment.  There are different investment structuring alternatives that may attract foreign investors to the U.S. real estate market.  A common typical structure that has certain advantages is…

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Foreign Investors in U.S. Real Property May Reduce FIRPTA Withholding Tax Liability by Filing Form 8288-B Exemption Certificate Application

Foreign investors often invest in commercial and residential real property located in the United States. The economic advantages of U.S. real property investment include the opportunity for appreciation in value and a profitable return on the investment. The Internal Revenue Service has noted a “phenomenal rise” in foreign investment in…

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

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…

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Understanding FIRPTA Withholding and Compliance

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…

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Transactions Beyond the Reach of FIRPTA Tax

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…

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Understanding FIRPTA Tax, and Tax Treaties

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…

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

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…

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When Selling Investment Properties, You Should Know How FIRPTA Applies

Let’s say a foreign corporation owns a building in the United States that houses a restaurant. Suppose the corporation owns everything, including the land, the building and the furnishings. If the company sells the entire asset, would it pay taxes on the furniture, all those tables, chairs and barstools? Questions…

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Pending Tax Legislation’s Effect on Timing the Sales of Real Estate by Foreign Investors in U.S Real Estate (FIRPTA)

Under the pending legislation in Congress, the House of Representatives has passed legislation to reduce the corporate income tax rate from 35% to 20% effective January 1, 2018. The Senate tax bill reduces the corporate income tax rate from 35% to 20% but the effective date is one full year…

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