How does FIRPTA it affect buyers and sellers?

At the time of closing, buyers are required to withhold 15% 15%. For example, a foreign investor sells a property for $400,000 (USD). The closing agent of the transaction (the company or lawyer that processes the title deed) will retain 605,000 (USD) in a special escrow account, until the foreign investor presents his federal income tax return in January of the next calendar year following the closing of the sale.

What is the difference between “withholding tax” and “tax?”

Withholding tax is the mechanism whereby the IRS forces the foreign individual or company to submit their tax return to determine if a profit or a loss resulted from the transaction.

Once the tax return is submitted and the IRS determines the amount to be charged as tax, the difference between the withholding tax and the tax is returned to the seller.

Can this withholding be avoided?

It’s very important to properly plan this out to avoid negative surprises at closing.

Buying under your name or through a company is one of the most important elements in the application of FIRPTA. However, the type of legal structure and the internal makeup could make a difference. On the other hand, FIRPTA is only one of the factors that should be taken into consideration, so it’s extremely important you know the advantages and disadvantages of the different purchasing structures (LLC, S Corp, Trust, Corporation, etc.).

How does it affect the buyer?

As a buyer, you should make sure the withholding tax is implemented in case the seller is a non resident alien or a foreign company not considered a U.S. corporation. If you don’t make sure it’s implemented, you may be responsible for paying the taxes.

On the other hand, as a buyer, it’s important to make sure you create the most effective purchasing structure to deal with this withholding tax for a future sale.

LEGAL NOTICE:

The provisions of FIRPTA are complicated and require the expertise of a real estate lawyer or public accountant. They can fill out the proper forms and evaluate the possible implications. The information provided herein should not be considered a source of legal or financial advice. Please contact a professional in your area to receive information and guidance that applies to your individual situation.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

3. Debt.

Money that is owed to contractors and/or due to judicial rulings or property taxes. These amounts must be paid before the closing takes place.

4. Prepayment Penalties.

Some mortgage loans have penalties included in their terms for early re payment.

5. Recording Fee.

This is usually charged by the county. These are fees related to the registration, or recording, of the sale of the property so that it becomes a matter of public record. The recording fee varies from county to county.

6. Commission.

Fees paid to the real estate brokers involved in the transaction. This commission is usually 6% of the sales price and must be paid in full by the seller.

7. Notary Fees

The fees charged by the notary public for verifying the identity of the signatories.

8. Title Company Fees.

Payment to the entity responsible for the custody of money. Title companies or real estate lawyers receive the money from the lender, pay all costs, collect deposits, and distribute the proceeds between the mortgagee and the owner/seller of the property.

9. Seller Concessions

Amount of money seller will, sometimes, contribute to helping the buyer with his or her closing costs.

10. Repairs.

Work the seller must complete before closing the sale because the buyer and seller agreed to this during the contract negotiation.

How to Estimate Closing

For practical purposes, the closing costs for the seller can be estimated as follows:

• (+/(+/–)1.5% of the sales price
• Property taxes accrued to date
• Mortgages and/or home equity credit lines that exist on the property
• Commissions (generally 6% of the sales price)

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

Why is the Inspection ImportaWhat is an Inspection?

It is an evaluation, carried out by a certified professional, of the physical and living conditions of the property you are considering buying. The inspector aims to identify system deficiencies, as well as the potential dangers and the useful life of the components of a property.

The results from the inspection are stated in a report that includes photos showing the condition of the property. This is accompanied by estimates of possible repair and/or replacement costs.

When is the Inspection Carried Out?

In Florida, the corresponding sales contract includes a clause that stipulates the amount of time a buyer must have the property they intend to buy inspected by a professional or to inspect said property on their own. The buyer usually has from five to 15 calendar days to exercise this right.

Why is the Inspection Important?

Upon receipt of the inspection report, the buyer has the right to continue, cancel, or negotiate the price or terms of the contract during the period established in the agreement. Therefore, it is crucial that the seller prepares their property for a positive outcome, because a certified inspector will evaluate the following aspects:

1. Structure – The foundation and framework of the house.

2. Exterior – The condition of the sidewalk, ramps, stairs, windows and doors.

3. Roof – Among other thinnt?

Upon receipt of the inspection report, the buyer has the right to continue, cancel, or negotiate the price or terms of the contract during the period established in the agreement. Therefore, it is crucial that the seller prepares their property for a positive outcome, because a certified inspector will evaluate the following aspects:

1. Structure – The foundation and framework of the house.

2. Exterior – The condition of the sidewalk, ramps, stairs, windows and doors.

3. Roof – Among other things, they inspect the condition of the drainage system, tiles, gutters, and chimney.water supply and drainage, water heater, pump, fuel storage, pipes, rust stains, and corrosion.

5. Electricity – They examine service panels, switches, isolators, fuses, and plugs.

6. Air Conditioning – This includes the home’s cooling system, equipment and power supply.

7. Interiors – Check for leaks in pipes, insect damage, water damage and construction defects, among other items.

8. Ventilation / Insulation. Proper insulation and ventilation prevents the loss of energy. Excess moisture results in mold and water damage.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

• Use of the Property. Investment, renting, vacation or primary home.
• Liability. Protects against legal action and medical expenses should someone get injured on the property.
• Protection against damage to other properties . Personal belongings and the property’s interior (e.g., floor, walls, ceilings, electrical installations, appliances, or air conditioning.
• Location. Typically, a separate policy is required by the government and lenders if the property is in a flood zone or hurricane prone area.
• Type of Property.
  1. House and Townhouse Usually, this type of property is suitable for structural protection, flooding, accidents, and hurricanes.
  2. Condominium Buildings usually have a master policy that covers the structure and common areas against floods and accidents.
• Number of Properties. If you own multiple properties, you have the option of using what is called an “umbrella” insurance that allows you to reduce the cost of the policy.

Ways to Reduce the Cost of Your Insurance Policy

1. Increase your deductible. As an owner, you can save money if you increase your insurance deductible. This is the amount the policy holder pays before the insurance covers a claim. This is one of the most common ways of keeping insurance costs low. Remember that a high deductible is a great way to save money if you have the money to pay the deductible, when necessary.

2. Install an effective alarm system. Insurance companies give discounts if you have an alarm system.

3. Pay off minor accidents on your own. Frequent claims are key factors that insurance companies consider when setting higher insurance premiums.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

1. Ownership and Liability

• Individual: The person is the legal owner and personally liable for debts or legal issues.
• Company: The company owns the property, offering limited liability—personal assets are protected from business risks.

2. Taxation on Rental Income

• Individual: Rental income is taxed based on personal income tax rates, which can be high for top earners.
• Company: Rental profits are taxed at the corporate tax rate, often lower than personal rates, especially for high-income individuals.

3. Mortgage Interest Deduction

• Individual: Limited to a 20% tax credit on mortgage interest.
• Company: Can fully deduct mortgage interest as a business expense, which can significantly reduce taxable profits.

4. Capital Gains Tax

• Individual: Subject to personal capital gains tax rates, with some allowances.
• Company: Pays a flat corporate tax rate on gains, but may face double taxation if profits are distributed as dividends.

5. Succession and Estate Planning

• Individual: Property transfer may trigger inheritance tax and legal complexities.
• Company: Shares in the company can be transferred more flexibly, allowing strategic estate planning and easier generational wealth transfer.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

Who does FIRPTA affect?

FIRPTA affects all non resident aliens and foreign companies not considered to be American corporations. From a taxation (tax return) standpoint, when a person who doesn’t live in the United States or when a foreign corporation sells a property in the United States, they shall be subject to FIRPTA provisions.

How does it affect buyers and sellers?

At the time of closing, buyers are required to withhold 10% of the sales price in transactions valued below $1,000,000 and 15% of the sales price in transactions valued above $1,000,000. For example, a foreign investor sells a property for $350,000 (USD). The closing agent of the transaction (the company or lawyer that processes the title deed) will retain $35,000 (USD) in a special escrow account, until the foreign investor presents their federal income tax return in January of the next calendar year following the closing of the sale.

What is the difference between “withholding tax” and “tax?”

Withholding tax is the mechanism whereby the IRS forces the foreign individual or company to submit their tax return to determine if a profit or a loss resulted from the transaction.

Once the tax return is submitted and the IRS determines the amount to be charged as tax, the difference between the withholding tax and the tax is returned to the seller.

Can this withholding be avoided?

It’s very important to properly plan this out to avoid negative surprises at closing.

Buying in your own name or through a company is one of the most important elements in the application of FIRPTA. However, the type of legal structure and the internal makeup could make a difference. On the other hand, FIRPTA is only one of the factors that should be taken into consideration, so it’s extremely important you know the advantages and disadvantages of the different purchasing structures (LLC, S Corp, Trust, Corporation, etc.).

How does it affect the buyer?

As a buyer, you should make sure the withholding tax is implemented in case the seller is a non resident alien or a foreign company not considered a U.S. corporation. If you don’t make sure it’s implemented, you may be responsible for paying the taxes.

On the other hand, as a buyer, it’s important to make sure you create the most effective purchasing structure to deal with this withholding tax for a future sale.

LEGAL NOTICE:

The provisions of FIRPTA are complicated and require the expertise of a real estate lawyer or public accountant. They can fill out the proper forms and evaluate the possible implications. The information provided herein should not be considered a source of legal or financial advice. Please contact a professional in your area to receive information and guidance that applies to your individual situation.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty