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A foreign person (non-U.S. citizen, non-resident alien) sells a California investment property for $500,000. The buyer does not intend to use the property as a personal residence. What is the applicable FIRPTA withholding rate?

Correct Answer

A) 15%, because the standard FIRPTA rate applies when the buyer does not qualify for the residence-use exception

The standard FIRPTA withholding rate is 15% of the gross sales price under IRC §1445. A reduced rate of 10% is available only when the sales price is $1,000,000 or less AND the buyer executes an affidavit stating they intend to use the property as a personal residence. Because the buyer in this scenario does not intend to use the property as a residence, the 10% exception does not apply, and the full 15% rate governs.

Answer Options
A
15%, because the standard FIRPTA rate applies when the buyer does not qualify for the residence-use exception
B
10%, because the sales price does not exceed $1,000,000
C
3.33%, because California state withholding replaces the federal FIRPTA obligation
D
0%, because the sales price is below $1,000,000 and the seller is an individual

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Related Topics & Key Terms

Key Terms:

FIRPTAforeign_sellerwithholding_rateclosing_costs
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