Page 9 - FIRPTA Guide NV
P. 9

FIRPTA Checklist









                                                                                     Complete
                                                               YES                Certification of

                                                                                   Non-Foreign
                            Is the Seller a                                            Status

                            U.S. Resident
                              or Citizen?



                                                                                   Does Buyer
                                                           NO                   Have Definite Plans
                          NO
                                                                                to Use the Property
                                                                               as His Residence and
                                                                                 Sale Price Does
                            Is Seller                      Buyer                   not  Exceed
                         Recognizing a        NO       Should Request NO          $300,000?**
                          Gain of Less                    for 10%
                          Than 10%?                     Withholding


                                                                                             YES

                                  YES
                                                                                      Complete

                       See your CPA or Tax Attorney Regarding                     buyer’s declaration
                           Application form 8288B for an                            for $300,000
                           IRS Withholding Certificate.                               Residence
                           Carefully Review Driggs Title’s                           Exemption
                           agreement concerning FIRPTA                                  Form.
                       witholding. All Parties, including Sellers
                          tax professional must agree and
                             execute this agreement.
                          Escrow provides an estimated
                               Seller Statement.










            NOTE: Escrow will withold 10% pending receipt of Witholding Certificate, unless the Parties agree otherwise.
            ** IRC REQUIRES: The BUYER acquires the propert for use as a home and the amount realized (sales price) is not more than $300,000. The BUYER or a member of their family, must have
            definite plans to reside at the property for at least 50% of the number of days the property is used by any person during each of the first two 12-month periods following the date of transfer.
            When counting the number of days the property is used, do not count the days the property will be vacant.

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