closing

FIRPTA

The Foreign Investment in Real Property Tax Act (FIRPTA) is a federal law requiring a buyer to withhold a percentage of the amount realized, generally 15 percent, when buying U.S. real estate from a foreign person, and remit it to the IRS. Exceptions and reduced rates may apply, such as for certain lower-priced homes the buyer will live in. The closing agent usually handles withholding.

Exam tip
The buyer, not the seller, is responsible for withholding under FIRPTA. Sellers who are U.S. persons usually sign a non-foreign affidavit to avoid withholding.
Example
A foreign seller sells a rental condo for $600,000. Unless an exception applies, the buyer withholds 15%, or $90,000, and sends it to the IRS.

Related terms & state variants

Sources

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Last verified: 2026-10-23