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The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), enacted as Subtitle C of Title XI (the "Revenue Adjustments Act of 1980") of the Omnibus Reconciliation Act of 1980, Pub. L. No. 96-499, 94 Stat. 2599, 2682 (Dec. 5, 1980), is a United States tax law that imposes income tax on foreign persons disposing of US real property interests.
If you have a foreign property for personal use, you can deduct the first $375,000 of qualified mortgage debt for tax year 2022 on your first and second homes (or $750,000 if filing jointly).
Extraterritorial income exclusion, under the U.S. Internal Revenue Code, was the amount excluded from a taxpayer's gross income for certain transactions that generate foreign trading gross receipts. In general, foreign trading gross receipts include gross receipts from the sale , exchange, lease , rental, or other disposition of qualifying ...
The foreign housing exclusion goes hand-in-hand with the foreign earned income exclusion.According to section 911(a) of the federal tax code, a qualified individual under either the bona fide residence test or the physical presence test will be able to exclude from the gross income the housing amount in a foreign country provided for by the employer.
The sale price is whatever amount you received for selling the property, and the tax basis is the amount of capital you have invested in the underlying asset. For real estate, this generally includes:
In 2013, foreign buyers made up about 7% ($92.2 billion) of transactions in the $1.2 trillion U.S. real estate market. Canada was the main buyer with 19% of sales (decrease from 23% the year before), China was on the second place with 16% of sales, while on the first place considering total foreign sales by dollar value (24% or $22 billion).
According to 7 News Miami legal expert Howard Finkelstein, foreign nationals — like the Russian duo — who sell property in the U.S. are required to pay capital gains taxes.
For real property exchanges under Section 1031, any property that is considered "real property" under the law of the state where the property is located will be considered "like-kind" so long as both the old and the new property are held by the owner for investment, or for active use in a trade or business, or for the production of income.