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Promulgated Contract FormsOne_to_four_family_contractEASY

Under the TREC One to Four Family Residential Contract, Paragraph 20 addresses the federal tax requirements for foreign sellers. If the seller is a foreign person under FIRPTA (Foreign Investment in Real Property Tax Act), what must occur at closing?

Correct Answer

B) The buyer must withhold a percentage of the sales price for potential federal income taxes

Under FIRPTA, when a seller is a foreign person, the buyer is required to withhold a percentage of the sales price (typically 15% for properties over $1 million) and remit it to the IRS. This is addressed in Paragraph 20 of the TREC contract.

Answer Options
A
The seller is exempt from any withholding requirements in Texas
B
The buyer must withhold a percentage of the sales price for potential federal income taxes
C
The title company must report the transaction to the IRS before closing can occur
D
The foreign seller must obtain Texas citizenship before the sale can be completed

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Key Terms:

one_to_four_familyFIRPTAforeign_sellerparagraph_20withholding
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