If the IRS considers you a “foreign person” and you are selling real estate your sale may be subject to FIRPTA withholding.

 FIRPTA is short for The Foreign Investment In Real Property Tax Act of 1980. FIRPTA is a tax law that imposes income tax on foreign persons when selling real estate. Read more about FIRPTA at the IRS website. https://www.irs.gov/individuals/international-taxpayers/firpta-withholding

This sounds scary and can be confusing to both sellers and buyers. Buyers can be especially frightened by the FIRPTA process because there are forms buyers have to sign that say the buyer is responsible for paying any taxes due if they are not collected at closing.

Many real estate agents do not understand FIRPTA and they do not ask

If you are planning to sell your home but worried about having to move twice a leaseback may be a great option for you. Last year we helped 17 sellers negotiate a leaseback on their home so it is a process we are experienced with and can explain how it works in more detail regarding your particular situation.

A leaseback is where the seller of a home is allowed to remain in the property for a period of time after closing and is something that can be negotiated between the buyer and seller as part of a real estate contract. Not only is the option to have a leaseback negotiable but also the terms of the leaseback are negotiable.

To add a leaseback to your home sale there is a 2 page addendum attached to the standard contract. In the addendum the