Dan MarusinFlorida real estate, in English and RussianНа русском
Calculators · Canadian and foreign buyers

FIRPTA withholding calculator for foreign sellers

When a seller is not a US person for tax purposes, the buyer must hold back part of the price and send it to the IRS. Canadians and other non-resident owners in Florida run into this on almost every sale.

Will the buyer use it as a residence?
An individual buyer or family member must plan to live there at least 50% of the days it is used in each of the first two years.
Used only to show the gain. Depreciation on a rental lowers it.
Commission, title, documentary stamp tax.
—

What FIRPTA is

The Foreign Investment in Real Property Tax Act requires the buyer to withhold tax when a foreign person sells US real estate. In practice the title company or closing attorney withholds from the seller's proceeds and files the forms.

Withholding rates

Forms 8288, 8288-A and 8288-B

Getting the money back

Withholding is a prepayment. The seller files a US nonresident return (Form 1040-NR for individuals) for the year of sale, pays tax on the real gain and gets a refund of the rest. Sellers need a US tax ID (ITIN) for this. All numbers here are estimates; confirm with a tax professional before listing.

Questions

Does FIRPTA apply to Canadians?

Yes. A Canadian who is not a US citizen, green card holder or US tax resident is a foreign person for FIRPTA, and the buyer must withhold unless an exception applies.

Is the withholding the final tax?

No. It is a deposit toward tax on the gain. The seller files a US return and gets back any amount above the tax actually owed.

When should I file Form 8288-B?

Before or at closing, ideally as soon as you sign the contract. The IRS takes time to process it, and the funds stay in escrow until it responds.

Questions about this? Ask me directly.

I read every message myself and reply within one business day, in English or Russian. No newsletters, no spam.

Or call / text: (754) 203-9632 · [email protected]

Best way to reach you