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FIRPTA Withholding Rate Increasing to 15%

January 14, 2016

The recently-enacted Protecting American Taxpayers from Tax Hikes (PATH) Act (H.R. 2029, P.L. 114-113) includes two NAR-supported provisions affecting the Foreign Investment in Real Property Tax Act (FIRPTA) that are estimated to boost significantly foreign investment in U.S. commercial real estate.  However, as part of a package of tax changes to offset the cost of the two provisions, Congress also included an increase in the FIRPTA withholding rate from 10% to 15%.  But property acquired from foreign persons that is to be used as a personal residence is exempt from the increase if the sales price does not exceed $1 million.

An explanation of the changes to the FIRPTA rules by NAR’s Washington staff was recently released and can be found here.

Questions about the new law can be directed to:

Evan M. Liddiard, CPA (Senior Policy Representative – Federal Taxation), NAR Government Affairs:  eliddiard@realtors.org  202-383-1083.

Finley Maxson (Senior Counsel), NAR Legal Department:  fmaxson@realtors.org  312-329-8381.