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Articles Posted in Directs

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I’M A BRITISH CITIZEN WHO SOLD MY LOS ANGELES REAL ESTATE THREE YEARS AGO AND I NEVER RECEIVED A REFUND OF MY $300,000 WITHHOLDING TAX IMPOSED BY FIRPTA. CAN I STILL GET MY $300,000 REFUND? YES!!!

By Michael W. Brooks, Esq. President DIRECTS At DIRECTS (Domestic and International Real Estate Closing Tax Services, Inc.), all day, every day, we work on tax matters relating to FIRPTA (the Foreign Investment in Real Property Tax Act). We work for clients from throughout the world who invest in real…

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IN JANUARY 2017, THE IRS (TEMPORARILY) SUSPENDED THE RIGHT OF PRIVATE TAX PROFESSIONALS (KNOWN AS “CERTIFYING ACCEPTANCE AGENTS”) TO CERTIFY THE PASSPORTS OF NON-US PERSONS SELLING US REAL ESTATE; THIS IRS RULE CHANGE RESULTED IN CHAOS FOR SOME FOREIGN SELLERS OF US REAL ESTATE IN 2017 HOPING TO OBTAIN QUICK REFUNDS OF THE FIRPTA REQUIRED 15% WITHHOLING TAX (PART I)

By Michael W. Brooks, Esq. (President DIRECTS) In January 2017, the IRS suspended the right of privately licensed tax professionals and companies (such as my firm- DIRECTS) to certify non-US passports, which slowed down significantly the time it took for a non-US person who sold US real estate to obtain…

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Foreign Investors Entering Into Like-Kind Exchange Transactions- What About the 15% FIRPTA Withholding Tax (Part 2)?

By Michael W. Brooks, Esq. As discussed in Part 1, we know Foreign Investors are permitted to enter IRC Section 1031 (like-kind exchange) transactions provided certain conditions are met.  The Foreign Investor can avoid (really delay) paying tax on the sale of the first property (the relinquished property), provided the…

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Can a Foreign Investor Enter Into a Like-Kind Exchange Transaction (a 1031 Transaction) and Avoid Paying Income Tax on the Sale (Part 1)

 By Michael W. Brooks, Esq.   As with US persons, non-US persons and parties (“Foreign Investors”) are allowed to enter into Internal Revenue Code Section 1031 (like-kind exchange) transactions. Foreign Investor exchanges allow owners of investment and business real estate to delay paying income tax on the appreciation of the…

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Careful Escrow Officers, your foreign seller’s ITIN may no longer be valid, and that could mean trouble for you.

Starting in 2016, US individual taxpayer ID numbers (“ITINs”) not used in the prior 5 years on a US tax return will be deactivated by the IRS.  So, staring in 2016, if a foreign person hasn’t sold US real estate since (at the latest) 2010 (which should have led to…

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Important IRS Changes to the 2015/2016 ITIN Application Process

As you know, procuring ITIN’s for non-US citizen/residents is essential when these individuals sell (or rent) US/California real estate.  Starting in 2015, the IRS has made an already challenging process even more cumbersome.  In 2016, the IRS plans to add yet another layer of complexity. 2015 Change- Form 8288’s Now Really Must…

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