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JamesandTeresajointlyownrealpropertyand are selling it toBobfor$1,200,000. James and Teresa arenotU.S.citizens,arenotresidentsoftheU.S.,theyare nonresidentsforU.S.incometaxpurposes,andhaveneverhadaSSNor ITIN. Would there be aFIRPTAwithholdingrequired?Ifso,why? Whatwould be therateofwithholdingthatisapplicable? Onwhatamountdoesthewithholdingapply? The purchase price? andwhatwould be theamountof

JamesandTeresajointlyownrealpropertyand are selling it toBobfor$1,200,000. James and Teresa arenotU.S.citizens,arenotresidentsoftheU.S.,theyare nonresidentsforU.S.incometaxpurposes,andhaveneverhadaSSNor ITIN.

  • Would there be aFIRPTAwithholdingrequired?Ifso,why?
  • Whatwould be therateofwithholdingthatisapplicable?
  • Onwhatamountdoesthewithholdingapply? The purchase price? andwhatwould be theamountof withholding?

There is a mortgage on the property for $1,000,000, does this mortgage affect the withholding rate? what would be the applicable withholding rate.

  • Whoshouldbethewithholdingagent? And what form does the withholding agent have to file? Is there a deadline for the form to be filed?
  • If withholding agent would have to file a form, then how many forms would the withholding agent have to file?
  • IfJamesandTeresapaid$1,500,000forthepropertywhentheypurchaseditthreeyears ago,whatcantheydotoreduceoreliminatewithholding?

What if Bobispaying$120,000fortheproperty,how muchshouldbewithheld? IfFIRPTAisnot filedwho wouldhaveapenaltyriskandwhat would be thepenalty?

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