Effective August 1, 2015, the Minnesota Association of Realtors Purchase Agreement specifically addresses FIRPTA (Foreign Investment in Real Property Tax Act) and inquires whether the seller is a foreign person. In the same spirit, the MLTA has adopted standardized FIRPTA forms for the exclusive use of MLTA members. FIRPTA applies to every sale of U.S. real property. The applicable tax is as much as 15% of the gross sale price (not net proceeds). In many cases, a tax exemption or reduction will apply, most likely being that the seller is a U.S. Person as defined in the Act. This should be documented in all cases. If an exemption does not apply, then a withholding will be required.
The MLTA forms include a Q&A, along with certifications and affidavits pertaining to seller status as well as buyer withholding requirements.
MLTA's standardized FIRPTA forms are available for members only and can be found in the documents section of the MLTA website once logged in.
If you have questions about the legal or tax consequences of FIRPTA, contact your legal counsel or tax advisor. If you have questions about the forms, please contact Chad Novak or Lisa Brecount:Chad Novak
Commercial Partners Title, LLC