FIRPTA / International Tax
When a foreign seller closes on U.S. property, money is withheld at the sale. We handle what comes before and after that.
The Service
The rules are specific. Missing them is expensive.
When a foreign person sells U.S. real estate, a portion of the sale price is withheld and sent to the IRS — often far more than the seller will actually owe. That money isn't lost, but getting it back is a process with its own forms, its own deadlines, and no automatic path. Most sellers find out about it days before closing, from someone who can't explain it.
We handle both sides of that timing. Before a closing, we can apply to have less withheld in the first place. After a closing, we file to claim back what was withheld beyond what was owed. We also prepare non-resident returns and foreign account reporting for clients whose U.S. tax obligations don't end at the sale.
What's Included
What this covers
FIRPTA
- Determining the withholding that applies to your sale
- Withholding certificate applications — Form 8288-B
- Filing Forms 8288 and 8288-A
- Claiming back over-withheld amounts through Form 1040NR
- Coordination with your closing agent
International filings
- Non-resident tax returns — Form 1040NR
- Foreign bank account reporting — FinCEN Form 114 (FBAR)
- Help obtaining an ITIN when one is needed to file
Who It's For
Who we work with
Foreign sellers of U.S. property
You're selling U.S. real estate and you're not a U.S. person for tax purposes. This is the situation FIRPTA was written for, and the one where timing matters most.
Non-residents with U.S. income
Rental income, investment income, or other U.S.-source earnings that require a Form 1040NR, whether or not a property sale is involved.
U.S. taxpayers with foreign accounts
Accounts held outside the United States can trigger reporting obligations that have nothing to do with whether tax is owed on them.
Sellers who already closed
The sale went through, the money was withheld, and no one explained what happens next. Closing doesn't end the matter — there's still a filing to make.
If you're buying U.S. property rather than selling, we can walk you through the tax obligations that come with owning it — and what to expect at withholding time when you eventually sell.
How It Works
How the process works
Get in touch, before or after closing
Timing changes what's possible. Before closing, we can apply to reduce the amount withheld. After closing, we work on claiming back what was withheld beyond what you owed. Either way, there is something to be done — the worst outcome is assuming there isn't.
We determine what applies
We look at the transaction and your tax situation: the sale, your residency status, what was or will be withheld, and whether a withholding certificate application makes sense in your case.
We file what's required
We prepare and file the forms your situation calls for, and coordinate with your closing agent so the withholding is handled correctly on their end rather than discovered afterward.
We file to claim what you're owed
Where more was withheld than you owed, we prepare and file the return that claims it back. From there the timing is the IRS's, not ours — but the filing is complete and on record.
FAQ
Common questions
FIRPTA is the U.S. law that requires a portion of the sale price to be withheld when a foreign person sells U.S. real estate. It isn't a tax in itself — it's money held against the tax that may be owed on the sale. In many cases the amount withheld is more than the seller actually owes, which is why the filings afterward matter.
Selling, or already sold?
Book a free 30-minute consultation and we'll tell you what applies to your situation and what the next filing is.