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Real estate tax implications for U.S. purchases from overseas

On Behalf of | Feb 28, 2023 | Dubai, International Real Estate, Munich, Spain |

Real estate purchases in the United States from overseas can be an attractive investment opportunity. However, it is crucial to be aware of the tax implications of such a purchase. Taxes should not deter prospective buyers if you have the correct information.

The Foreign Investment in Real Property Tax Act

First, you must understand the Foreign Investment in Real Property Tax Act (FIRPTA). According to the IRS, foreign sellers of U.S. real estate must pay a withholding tax of up to 15% of the sale price. The buyer is responsible for withholding and paying this tax to the IRS on behalf of the seller or could face penalties.

Additional tax considerations

In addition to FIRPTA, foreign buyers should also be aware of other applicable taxes, such as property taxes, income taxes, and estate taxes. Property taxes vary by location. Income taxes may apply if the property generates rental income or sells for a profit. Estate taxes may come into play if the property owner passes away.

Taxes for non-residents

It is also essential to understand how the U.S. tax system works for non-residents. Non-residents are subject to U.S. income tax on their U.S. source income, which includes rental income from U.S. property. However, certain deductions and exemptions may be available to reduce tax liability.

Another consideration is the potential for double taxation. Some countries have agreements with the U.S. that help to prevent double taxation. These treaties may reduce the withholding tax rate or eliminate it.

Purchasing real estate in the U.S. from overseas can be a profitable investment, but it is vital to be aware of the tax implications in order for the transaction to run smoothly.